Supreme Court of the United States · Official docket →
In Re Grand Jury Subpoena
Paid petition · United States Court of Appeals for the District of Columbia Circuit, No. 18-3071 · judgment December 18, 2018
Before the decision, about 3.8× the 4.1% base rate. The model weighted this up for a petition filed soon after the judgment below, a D.C. Circuit decision below, and a circuit split argued in the petition.
Question presented
Under the Foreign Sovereign Immunities Act of 1976 (FSIA), "a foreign state shall be immune from the jurisdiction of the courts of the United States and of the States except as provided in sections 1605 to 1607 of this chapter." 28 U.S.C. § 1604. In a separate FSIA provision entitled "Actions against foreign states," Congress limited federal subject-matter jurisdiction in actions against foreign states to the civil context: "The district courts shall have original jurisdiction without regard to amount in controversy of any nonjury civil action against a foreign state . .as to any claim for . relief in personam with respect to which the foreign state is not entitled to immunity either under sections 1605-1607 of this title or under any applicable international agreement." 28 U.S.C. § 1330(a). Through the FSIA, Congress also codified that "the property in the United States of a foreign state shall be immune from attachment arrest and execution except as provided in sections 1,610 and 1611 of this chapter." 28 U.S.C. § 1609. Through 18 U.S.C. § 3231—a non-FSIA statute of general criminal jurisdiction enacted in 1948— Congress vested federal district courts with "original jurisdiction, exclusive of the courts of the States, of all offenses against the laws of the United States." The questions presented are 1. Does the FSIA grant foreign states sovereign immunity from American criminal jurisdiction?
Counsel of record
For petitioner
Brian D. Boone
Alston & Bird LLP
For respondent
Noel John Francisco
Jones Day
Proceedings
- Mar 25 2019Motion of respondent for leave to file a supplemental brief under seal GRANTED.
- Mar 25 2019Motion of petitioner for leave to file a supplemental reply brief under seal with redacted copies for the public record GRANTED IN PART; the supplemental reply brief will be filed under seal.
- Mar 25 2019Petition DENIED.
- Mar 07 2019Response to petitioner's motion for leave to file a supplemental reply brief under seal with redacted copies for the public record filed by respondent United States. (Distributed)
- Mar 06 2019DISTRIBUTED for Conference of 3/22/2019.
- Feb 28 2019Motion for leave to file a supplemental reply brief under seal with redacted copies for the public record and response to respondent's motion for leave to file a supplemental brief under seal filed by petitioner.
- Feb 27 2019Reply of petitioner filed.
- Feb 21 2019Brief of respondent United States in opposition filed.
- Feb 21 2019Motion for leave to file a supplemental brief under seal filed by respondent United States.
- Feb 19 2019Motion to intervene DENIED.
- Feb 19 2019Motion for leave to file redacted copies of the application for stay, response, and reply GRANTED.
- Feb 06 2019Letter of petitioner filed.
- Feb 04 2019Letter of respondent United States filed.
- Jan 31 2019Supplement to motion of petitioner for an order directing the Clerk to file an unredacted version of petitioner's supplemental brief supporting its petition for certiorari.
- Jan 30 2019Motions DISTRIBUTED for Conference of 2/15/2019.
- Jan 30 2019Response to motion for an order directing the Clerk to file an unredacted version of petitioner's supplemental brief from respondent United States filed. (Distributed)
- Jan 29 2019Motion of petitioner for an order directing the Clerk to file an unredacted version of petitioner's supplemental brief supporting its petition for certiorari.
- Jan 28 2019Reply in support of motion to intervene filed by Reporters Committee for Freedom of the Press.
- Jan 25 2019Response to motion for leave to intervene to file a motion to unseal from United States filed.
- Jan 25 2019Motion for leave to file redacted copies of the application for stay, response, and reply filed by United States.
- Jan 25 2019Consent to the filing of amicus curiae briefs, in support of either party or neither party, received from counsel for petitioner.
- Jan 22 2019The applications for leave to file the application for stay, the response, and the reply under seal presented to The Chief Justice and by him referred to the Court are granted.
- Jan 22 2019Motion (18M93) for leave to file a petition for a writ of certiorari under seal with redacted copies for the public record Granted.
- Jan 17 2019Supplemental brief of petitioner filed.
- Jan 14 2019MOTION (18M93) DISTRIBUTED for Conference of 1/18/2019.
- Jan 14 2019DISTRIBUTED for Conference of 1/18/2019.
- Jan 09 2019Motion of Reporters Committee for Freedom of the Press for leave to intervene to file a motion to unseal.
- Jan 08 2019Application (18A669) referred to the Court.
- Jan 08 2019Application (18A669) denied by the Court. The administrative stay previously entered by The Chief Justice is vacated.
- Jan 07 2019Motion (18M93) for leave to file a petition for a writ of certiorari under seal with redacted copies for the public record filed.
- Jan 07 2019Petition for a writ of certiorari filed. (Response due February 21, 2019)
- Jan 02 2019Reply of applicant and application for leave to file the reply under seal filed.
- Dec 28 2018Response to application and application for leave to file the response under seal filed.
- Dec 23 2018UPON CONSIDERATION of the application of counsel for the applicant, IT IS ORDERED that the order of the United States District Court for the District of Columbia holding the applicant in contempt, including the accrual of monetary penalties, is hereby stayed pending receipt of a response, due on or before Monday, December 31, 2018, by noon, and further order of The Chief Justice or of the Court.
- Dec 22 2018Application (18A669) for a stay and application for leave to file the application under seal, submitted to The Chief Justice.