Roman Storm v. United States District Court for the Southern District of New York
FifthAmendment Privacy
Whether a district court may rely on its inherent power to contravene an express provision of Federal Rule of Criminal Procedure Rule 16, and whether the right to a writ of mandamus is clear and indisputable under Cheney v. U.S. Dist. Court
I. Whether a district court may rely on its “inherent power” to contravene an express provision of Federal Rule of Criminal Procedure Rule 16, where this Court has repeatedly held that the Federal Rules are as “binding as statutes” and district courts have no power to circumvent them. II. Whether the right to a writ of mandamus is “clear and indisputable,” under Cheney v. U.S. Dist. Court , 542 U.S. 367, 381 (2004), where the district court’s order violates settled Supreme Court precedent, even where no circuit Court of Appeals previously has been asked to apply that precedent to the federal rule at issue.