Judge Won't Name Foreign Corporation Fighting Mueller Subpoena
Chief Judge Beryl Howell did agree to unseal redacted versions of other records in the case, including briefs, transcripts and orders.
April 01, 2019 at 06:39 PM
3 minute read
The original version of this story was published on National Law Journal
Beryl Howell during her confirmation hearing in July 2010. Photo: Diego M. Radzinschi/ALM
A federal judge in Washington has declined to reveal the identity of a foreign-owned corporation that's spent months fighting a subpoena brought by Special Counsel Robert Mueller III.
U.S. District Chief Judge Beryl Howell of the District of Columbia ruled Monday that she would not “at this time” direct the release of information that publicly identifies the company, but the judge did agree to unseal redacted versions of other records in the case, including briefs, transcripts and orders.
In her ruling, Howell pointed to a local criminal rule that allows judges to make records public, so long as they don't reveal matters occurring before a grand jury. Howell also noted that the grand jury involved in the subpoena matter was still ongoing.
“Redactions must thus be applied to maintain the secrecy of all matters occurring before a grand jury,” Howell wrote in her 12-page ruling.
Howell's ruling came after a March 27 hearing, during which a lawyer for the government told the judge that the grand jury convened by Mueller was “continuing robustly.” The U.S. also conceded that local criminal rules permitted the public release of redacted briefs and transcripts.
The Reporters Committee for Freedom of the Press, represented by Gibson, Dunn & Crutcher partner Theodore Boutrous, had led the effort to unseal records. Boutrous argued at the March hearing that there was a “strong public interest” for the judge to exercise her discretion to unseal records in the case and identify the corporation.
The company at the center of the mystery, represented by Alston & Bird, has mounted a months-long subpoena challenge, arguing that it cannot be compelled to provide information to the grand jury.
The foreign government-owned corporation has incurred a $50,000 daily fine for contempt of court since January after refusing to comply with the grand jury's subpoena. The company argued that it is protected by sovereign immunity and that complying with the grand jury subpoena would violate the laws of its home country.
Read the ruling here:
Read more: Mueller Grand Jury 'Continuing Robustly,' Prosecutor Tells Judge
Jessie Liu Withdraws From Consideration for No. 3 Post at Main Justice
AG Barr Preps 400-Page Mueller Report for 'Mid-April' Release
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