Why Did John Roberts Chief Justice of The U.S. Supreme Court Intervene in the Mueller Probe?

Comment by Jim Campbell

December 21, 2017

For the life of me, at this point of time I have no idea what this means?

Does anyone else out there have an opinion?

Please leave your comment’s below.

Chief Justice John Roberts
Brendan Smialowski/Pool via AP


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.

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? Let’s try to unpack it.

This month’s three-page summary D.C. Circuit decision revealed a fairly dry set of legal issues that just might conceal a juicy core.

The dry issues involved matters of jurisdiction and statutory interpretation fathomed only by elite appellate lawyers, but the potentially juicier underlying issues hinted of fascination: Somewhere, a corporation (a bank? a communications firm? an energy company?) owned by a foreign state (Russia? Turkey? Ukraine? United Arab Emirates? Saudi Arabia?) had engaged in transactions that had an impact in the United States and on matters involved in the special counsel’s investigation.

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.

 There was little reason for judicial watchers to expect anything beyond a quiet return to the grand jury and further proceedings there. We headed off for the holidays.

And then came Roberts’ surprise Sunday decision. He is the “circuit justice” for the D.C. Circuit, meaning he is the justice assigned to receive emergency and other petitions arising from that circuit.

Under Supreme Court rules, the circuit justice may act without consulting his or her colleagues to dispose of routine rulings.

So, we should not read too much into the fact that it is the chief justice in particular who acted here.

But we can read a good deal into his decision to intervene at all. Although every judge below agreed there was ultimately no merit to the Corporation’s legal claims, Roberts evidently harbors some doubt.

Something in the Corporation’s papers caught his attention. So rather than consigning this appeal to the discard pile with thousands of others, he has blocked the lower courts’ decisions until he can receive the government’s briefs defending those decisions.

Those papers must be filed no later than New Year’s Eve.

Once he receives the full briefing, he can reject the Corporation’s appeal or he can advance the matter to the full court for consideration.

Until then, we can only wonder at the remarkable circumstance that the chief justice of the United States has personally intervened, at the request of a foreign government through its corporate entity, in Mueller’s investigation.

Only two days before, court observers noted that in a high-profile asylum decision, Roberts had sided with his four liberal colleagues against the Trump administration.

Many observers took that as evidence that Roberts was carefully seeking to preserve the court’s institutional neutrality, integrity and balance.

What are we to make of his pre-Christmas intervention on behalf of Country A and the Corporation, and against Mueller’s office?

We may know soon.

Mueller’s office filed its submission early, on Friday evening. We’ll keep our eyes glued to the docket.

Nelson W. Cunningham has served as a federal prosecutor in the Southern District of New York under Rudolph Giuliani, general counsel of the Senate Judiciary Committee under then-chair Joseph R. Biden, and general counsel of the White House Office of Administration under Bill Clinton. He is now president of McLarty Associates, an international strategic advisory firm based in Washington.





About JCscuba

I am firmly devoted to bringing you the truth and the stories that the mainstream media ignores. This site covers politics with a fiscally conservative, deplores Sharia driven Islam, and uses lots of humor to spiceup your day. Together we can restore our constitutional republic to what the founding fathers envisioned and fight back against the progressive movement. Obama nearly destroyed our country economically, militarily coupled with his racism he set us further on the march to becoming a Socialist State. Now it's up to President Trump to restore America to prominence. Republicans who refuse to go along with most of his agenda RINOs must be forced to walk the plank, they are RINOs and little else. Please subscribe at the top right and pass this along to your friends, Thank's I'm J.C. and I run the circus
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4 Responses to Why Did John Roberts Chief Justice of The U.S. Supreme Court Intervene in the Mueller Probe?

  1. Opinion says:

    Not having the details of the Lower Court Case it is impossible to even fashion an educated guess as to what this DRAMA all might mean.

    Because Mueller’s investigation was to be limited to Russian involvement with Trump into the 2016 Election Campaigns one could assume that Country A is Russia. The Jurisdiction issue is complex but that issue may have already been settled. I cannot imagine how Mueller gained jurisdiction over Russia.

    As the situation now sits, the FISA Warrant appears to be based on fake information, the Steele Dossier, that was fabricated to attack Trump. Further, it appears that Obama and Hillary were directly involved in this matter of the “Get Trump Conspiracy” with Loretta Lynch behind the corruption in the DOJ and FBI!. The very long term relationship between Lynch, Comey and Hillary is well documented.

    What is known is that after Trump met with Putin in Helsinki there was a news conference. When Putin spoke at this news conference he made tow statements that involve the Russian involvement in the 2016 Election Campaign. First, Putin stated that Russians donated $400 Million to the Hillary Campaign and that this money was handled by the Clinton Foundation. Second, Putin stated he gave Trump some 160 Terra Bytes of data to prove his statements about the $400 million given to Hillary and Trump had the names of all involved, people, Banks, Countries and Corporations.

    The Main Stream Media has not ever reported on these revelations at the Press Conference in Helsinki – but there exists a YouTube of Putin’s statements. Needless to say Mueller should have acted on this information as it is in direct conflict with his charter as Special Counsel.

    There have been some serious allegations made against Justice Roberts which will be examined in 2019. Mueller will be forced to disclose the status of the Investigation. There are pending criminal investigations ongoing by the FBI out the the Little Rock, AK office.

    Hillary is experiencing that old saying we all learned as children – What tangled webs we do weave when first we practice to deceive!


  2. It will be interesting to see what develops


    • JCscuba says:

      I believe it’s a foregone conclusion, Justice will be done. Mueller may be protected from going to prison. Thanks for your comments.


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