Robert Mueller Robert Mueller. Photo: White House/Pete Souza

A grand jury investigation begun by Special Counsel Robert Mueller III is “continuing robustly,” a U.S. Justice Department prosecutor said Wednesday in arguing for continued secrecy around a case involving a foreign government-owned corporation that has resisted a subpoena.

Justice Department attorney David Goodhand confirmed that the grand jury's investigation was ongoing in response to a question from Chief Judge Beryl Howell, who heard arguments in Washington about whether to reveal the identity of the foreign-owned corporation.

The company, 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 hearing came just days after the conclusion of Mueller's probe and the U.S. Supreme Court rejecting the company's appeal.

Since January, the foreign government-owned corporation has incurred daily fines of $50,000 for contempt of court as it has refused 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.

When the company argued before the U.S. Court of Appeals for the D.C. Circuit earlier this year, an entire floor of the E. Barrett Prettyman U.S. Courthouse was closed to preserve the tight seal around the case. Recently unsealed records confirmed the Mueller connection and named the Alston lawyers advocating for the company.

The Reporters Committee for Freedom of the Press, represented by GIbson, Dunn & Crutcher partner Theodore Boutrous, has pressed to unseal records in the case.

Arguing before Howell on Wednesday, Boutrous said there was a “strong public interest” for the judge to exercise her discretion to unseal records in the case and identify the corporation. Boutrous stressed that the corporation was owned by a foreign government and had taken its subpoena challenge up to the Supreme Court and said that, in previous stages of the case, the company's lawyers had taken no stance on whether the foreign firm should be publicly named.

At the beginning of Wednesday's court hearing, Alston partner Brian Boone said his client “would prefer not to have its identity disclosed to the public.” When Howell asked him to elaborate, Boone replied, “I'd prefer not to in a public hearing.”

As Boone and his Alston colleagues walked out of the courtroom, apparently unintered in the arguments of Boutrous and the Justice Department, Howell said, “The corporation is excused.”

Later in the hearing, Boutrous would say that “it wasn't like they were fighting tooth and nail” to keep the company's identity secret.

Howell appeared strongly skeptical of Boutrous's argument for revealing the company's identity. That move, she said, would have to be “measured against the needs of an ongoing grand jury investigation.”

But Boutrous pressed on, arguing there was substantial public interest in the company's identity and the court filings in the case before Howell.

“I'm fascinated to see how it played out,” he said.

Howell indicated she would unseal some filings in the case, with portions blacked out. The D.C. Circuit and Supreme Court took similar steps previously.

 

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