FSIA: The Other Mystery In Mueller Subpoena Case

Law360 (January 18, 2019, 1:22 PM EST) -- The U.S. Supreme Court’s denial of stay in In re Grand Jury Subpoena provided a fascinating glimpse into a mysterious legal landscape. Of course, there is the sensational nature of the proceedings regarding the identity of the “mysterious” corporation and its country of origin. Of broader importance, the proceedings probed the mysterious area of criminal immunity under the Foreign Sovereign Immunities Act.

Background

The grand jury in the Mueller investigation issued a subpoena directing an unidentified corporation owned by Country A to produce certain information. The corporation moved to quash the subpoena, arguing it is immune under the FSIA or, alternatively,...

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