Foreign Sovereign Immunities Act

Latest in Foreign Sovereign Immunities Act

Foreign Sovereign Immunities Act

FISC Declassifies Opinion about Retention of Carter Page FISA Information

On Friday, the Office of the Director of National Intelligence (ODNI) released a declassified opinion by the Foreign Intelligence Surveillance Court (FISC) detailing limited circumstances under which the government may sequester information that was collected unlawfully. 

Foreign Sovereign Immunities Act

Private Lawsuits Against Nation-States Are Not the Way to Deal With America’s Cyber Threats

As cyber threats during the coronavirus pandemic increase, Congress has considered allowing private lawsuits against foreign states for alleged unauthorized cyber activity. This response would create more problems than it solves.

Foreign Sovereign Immunities Act

Personal Jurisdiction Over Foreign States and State-Owned Enterprises

Conventional wisdom and many lower court cases hold that foreign states are not entitled to constitutionally based personal jurisdiction protections in federal courts because they are not “persons” protected by the Fifth Amendment. That reasoning is incorrect as a matter of constitutional text and history, and it leads to poor results as a matter of policy for reasons explored at length in a forthcoming article and summarized here.

Documents

Document: Solicitor General Files Brief in Mystery Grand Jury Case

On Friday, Solicitor General Noel Francisco filed a brief on behalf of the special counsel's office regarding In Re Grand Jury Subpoena, the case concerning the special counsel's attempt to subpoena an unnamed company owned by an unnamed foreign government. The brief argues that the Supreme Court should deny the corporation's petition for a writ of certiorari. The brief is available below.

Foreign Sovereign Immunities Act

The D.C. Circuit’s Opinion in the Mystery Subpoena Case: Unresolved Personal Jurisdiction Issues

On Jan. 8, the U.S. Court of Appeals for the D.C. Circuit released its redacted opinion In re Grand Jury Subpoena, the mysterious case with apparent links to the Mueller investigation concerning an unnamed corporation (“the Corporation”) owned by an unnamed foreign country.

Federal Law Enforcement

What to Make of the Mystery Judgment in In re Grand Jury Subpoena

Earlier this evening, Dec. 18, the U.S. Court of Appeals for the D.C. Circuit released a judgment in In re Grand Jury Subpoena, a mysterious case that has drawn attention for its suspected connection to the Mueller investigation. The ostentatious secrecy has fueled speculation that the case might involve something as dramatic as an effort to secure testimony from the president himself.

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