December 31, 2018

Roberts and Mueller

Timothy Birdnow

John Roberts - Chief Justice of the Supreme Court - has intervened in a case brought against the Mueller probe by a foreign power.

According to politico:

A mysterious grand jury subpoena case has been working itself through the D.C. courts since August. Doughty reporting by Politico linked the grand jury case to special counsel Robert Mueller. Some of us, connecting the dots, wondered whether Mueller’s antagonist in this secret subpoena battle might be President Donald Trump himself. Speculation heightened two weeks ago when the D.C. Circuit cleared an entire floor of reporters assembled for the oral argument, in order to protect the identity of the litigants.

Four days later, the D.C. Circuit judges burst the speculative bubble with a decision that halfway revealed the identity of the party litigating against the government: not Trump, but an unnamed corporation ("the Corporation”) owned by an unnamed foreign state ("Country A”).

End excerpt.

And John Roberts personally intervened on behalf of "the corporation":

The chief justice of the United States himself issued an order on a Sunday, in this very case. If you think that’s highly unusual, you’re right. And the action he took was equally unusual. At least for the moment calling into question the unanimous decisions of the courts below, the chief justice blocked the District Court’s order requiring the foreign corporation to comply with the grand jury subpoena, until the government’s lawyers could respond to the Corporation’s briefings.

End excerpt.

Vedddy EEnterestink!

Intriguingly, the decision revealed that a regulator from Country A had filed a submission claiming that compliance with the subpoena would cause the Corporation to violate Country A’s law. So whoever Country A is, this matter captured its officials’ attention and prompted them to send filings to a faraway country to block the subpoena. Why does Country A care? And, what is it trying to hide?

So, from the D.C. Circuit's decision we learned that a foreign government was actively involved in blocking Mueller’s investigation. That fact is intriguing enough. In the ordinary course, that should have been the end of it. The state-owned Corporation filed an appeal with the Supreme Court, which receives roughly 7,000 petitions a year but acts in fewer than 200 of them. There was unanimity below — all four judges (the District Court judge and the three Circuit Court judges) had agreed that the Corporation and Country A’s legal claims of sovereign immunity and of contrary foreign law were without merit.

End excerpt.

Does anybody remember John Roberts taking the unprecedented step of criticizing President Trump when he complained about Obama appointed judges? Normally SCOTUS members and the Chief Justice in particular stay out of the political arena. Of course Trump is right; activist judges have been overturning Trump on even the most trivial grounds simply because they disagree with him, and Roberts had no business shooting off his mouth. But given this strange, behind-the-scenes story here, one must wonder what exactly is going on with Roberts.

Strange things are happening in D.C.

Now, I know of one foreign company that was summoned to court by Mueller and they actually showed up. Mueller didn't expect this Russian marketing firm to appear, but they did and they demanded that Mueller give them his information in Discovery. Is this case tied to that?

I wonder; is it possible that Roberts and SCOTUS may shut the Mueller probe down? I wouldn't think so; Roberts is as swampy a rat as exists in D.C. and he's already shown his Establishment bonafides by rewriting Obamacare to squeeze it through the narrow gate of Constitutionality. But perhaps he's going to do the right thing here? I'm not holding my breath.

More than likely the Court is trying to find a way to keep the Mueller probe viable.

Time will tell.

Posted by: Timothy Birdnow at 02:01 PM | Comments (4) | Add Comment
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