No. 18-948

In Re Grand Jury Subpoena

Lower Court: District of Columbia
Docketed: 2019-01-22
Status: Denied
Type: Paid
Relisted (4)
Tags: 18-usc-3231 28-usc-1330 28-usc-1604 contempt-sanctions criminal-jurisdiction foreign-sovereign-immunities-act foreign-sovereign-immunity fsia jurisdictional-exceptions sovereign-immunity subject-matter-jurisdiction
Key Terms:
JusticiabilityDoctri Jurisdiction
Latest Conference: 2019-03-22 (distributed 4 times)
Question Presented (AI Summary)

Does the FSIA grant foreign states sovereign immunity from American criminal jurisdiction?

Question Presented (OCR Extract)

QUESTIONS 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 1610 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? ii 2. Is 28 U.S.C. § 1830(a) the exclusive basis for subject-matter jurisdiction in a federal action against a foreign state, or can 18 U.S.C. § 3231 or another non-FSIA statute provide subject-matter jurisdiction | in a federal action against a foreign state? 8. Do the FSIA’s exceptions to jurisdictional immunity (28 U.S.C. §§ 1605-1607) apply only in cases for which 28 U.S.C. § 1330(a) supplies subject| matter jurisdiction? 4. Does the FSIA permit an American court to impose and enforce contempt sanctions (monetary or | otherwise) against a foreign state? : . iv . |

Docket Entries

2019-03-25
Petition DENIED.
2019-03-25
Motion 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.
2019-03-25
Motion of respondent for leave to file a supplemental brief under seal GRANTED.
2019-03-07
Response 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)
2019-03-06
DISTRIBUTED for Conference of 3/22/2019.
2019-02-28
Motion 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.
2019-02-27
2019-02-21
Brief of respondent United States in opposition filed.
2019-02-21
Motion for leave to file a supplemental brief under seal filed by respondent United States.
2019-02-19
Motion for leave to file redacted copies of the application for stay, response, and reply GRANTED.
2019-02-19
Motion to intervene DENIED.
2019-02-06
Letter of petitioner filed.
2019-02-04
Letter of respondent United States filed.
2019-01-31
Supplement 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.
2019-01-30
Response to motion for an order directing the Clerk to file an unredacted version of petitioner's supplemental brief from respondent United States filed. (Distributed)
2019-01-30
Motions DISTRIBUTED for Conference of 2/15/2019.
2019-01-29
Motion of petitioner for an order directing the Clerk to file an unredacted version of petitioner's supplemental brief supporting its petition for certiorari.
2019-01-28
Reply in support of motion to intervene filed by Reporters Committee for Freedom of the Press.
2019-01-25
Consent to the filing of amicus curiae briefs, in support of either party or neither party, received from counsel for petitioner.
2019-01-25
Motion for leave to file redacted copies of the application for stay, response, and reply filed by United States.
2019-01-25
Response to motion for leave to intervene to file a motion to unseal from United States filed.
2019-01-22
Motion (18M93) for leave to file a petition for a writ of certiorari under seal with redacted copies for the public record Granted.
2019-01-22
The 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.
2019-01-17
Supplemental brief of petitioner filed.
2019-01-14
MOTION (18M93) DISTRIBUTED for Conference of 1/18/2019.
2019-01-14
DISTRIBUTED for Conference of 1/18/2019.
2019-01-09
Motion of Reporters Committee for Freedom of the Press for leave to intervene to file a motion to unseal.
2019-01-08
Application (18A669) denied by the Court. The administrative stay previously entered by The Chief Justice is vacated.
2019-01-08
Application (18A669) referred to the Court.
2019-01-07
Petition for a writ of certiorari filed. (Response due February 21, 2019)
2019-01-07
Motion (18M93) for leave to file a petition for a writ of certiorari under seal with redacted copies for the public record filed.
2019-01-02
Reply of applicant and application for leave to file the reply under seal filed.
2018-12-28
Response to application and application for leave to file the response under seal filed.
2018-12-23
UPON 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.
2018-12-22
Application (18A669) for a stay and application for leave to file the application under seal, submitted to The Chief Justice.

Attorneys

Petitioner
Brian D. BooneAlston & Bird LLP, Petitioner
Edward T. KangAlston & Bird LLP, Petitioner
Reporters Committee for Freedom of the Press
Theodore J. Boutrous Jr.Gibson, Dunn & Crutcher LLP, Amicus
United States
Noel J. FranciscoSolicitor General, Respondent