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A Mystery: Why did Roberts intervened in a Mueller matter

 
Casper 2019-01-02 08:05:47 

We’re about to find out why the chief justice of the Supreme Court decided to get involved in the special counsel’s investigation.

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”). Although the case is still plenty mysterious (What foreign state? What records of what transactions? Why the hard-fought litigation?), the evident fact that Trump was not directly involved in the litigation seemingly drained further proceedings of direct suspense. Mueller watchers headed off for the holidays.

And then, last week, on the Sunday before Christmas, Chief Justice John Roberts personally intervened in this matter.


That’s right: 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.

So now, in abrupt fashion, Mueller’s investigation has suddenly reached the Supreme Court, and with the personal attention of the chief justice, no less.

What does this all mean?