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International Mystery Subpoena Upheld by D.C. Circuit Panel

By George Khoury, Esq. on December 21, 2018 12:50 PM

The public loves a good mystery, and the secret case unfolding before the watchful eye of the mystery-hungry media is surely generating quite a bit of buzz.

The case is believed to involve the Mueller probe and a Russian or other foreign corporation, however, that's all speculation. All that is really known is that "the Corporation" located in "Country A" has been fighting a subpoena claiming the Foreign Sovereign Immunities Act protects them. Unfortunately for the undisclosed company, neither the district court, nor did the D.C. Circuit panel agree.

International Compliance, Domestic Violation

Among the stated claims for not complying, the foreign corporation asserted that complying with the subpoena would entail a violation of the company's home country's laws. The D.C. Circuit panel did not agree that simply complying with a subpoena would violate the other nation's laws. Not only did the panel order compliance, it also upheld the per day sanctions for failure to comply.

Due to the secrecy surrounding the matter, the media doesn't really know what's going on. Before the hearing was held on the matter, an entire floor and the stairwells were cleared. Despite their best efforts, reporters weren't even able to catch a glimpse of the attorneys on the case.

However, given this was a panel decision, it seems probable that an en banc rehearing may follow, and perhaps even a petition for cert. At this point, with what is known, no one really knows what's coming next.

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