Private Sector Subpoenas
Fusion GPS Case
Major Issue: Whether a private sector company under investigation by a House committee can stop that committee from using a subpoena to obtain company-related financial records from the company’s bank.
Case Status: Complete; no ongoing proceedings.
Case Description: On Oct. 20, 2017, a private sector business, Bean LLC doing business as Fusion GPS (“Fusion GPS”), filed suit in D.C. federal district court to stop its bank from producing 70 documents in response to a subpoena issued by the House Permanent Select Committee on Intelligence. Fusion GPS was one of several subjects of an investigation by the House Committee.
Procedural Posture: D.C. District Judge Richard Leon was assigned to Case No. 17-cv-02187. The district court permitted the House Committee to join the case as an intervenor to defend its subpoena. On Jan. 4, 2018, the district court upheld the House subpoena over multiple objections and dismissed the suit. Bean LLC v John Doe Bank, 291 F.Supp.3d 34 (D.C.C. 2018). Fusion GPS announced that it planned to appeal the ruling and, on Jan. 5, 2018, filed a motion to stay the proceedings pending appeal, but the bank produced the disputed documents to the House Committee before the district court ruled on the motion. Fusion GPS did not file an appeal. There are no ongoing proceedings in this matter.
District Court Proceedings
On Oct. 20, 2017, Fusion GPS filed suit in D.C. federal district court to stop its bank from producing documents in response to a subpoena issued by the House Permanent Select Committee on Intelligence. On Oct. 28, 2017, the company and House committee reached a confidential agreement to narrow their dispute and filed a joint stipulation with the court. But on Nov. 3, 2017, Fusion GPS renewed its application to quash the subpoena. On Jan. 4, 2018, the district court upheld the House subpoena and dismissed the suit. Bean LLC v John Doe Bank, 291 F.Supp.3d 34 (D.C.C. 2018). On Jan. 5, 2018, Fusion GPS filed a motion to stay the proceedings pending appeal, but the bank produced the disputed documents to the House Committee before the district court ruled on the motion. Fusion GPS did not file an appeal. There are no ongoing proceedings in this matter.
- 2017 Fusion GPS Complaint to quash House Intelligence subpoena of bank (10-20-2017) (14 pages)
- 2017 Fusion GPS memo supporting TRO to quash House bank subpoena (10-20-2017) (14 pages)
- 2017 House memo opposing motion to quash subpoena (10-23-2017)(54 pages)
- 2017 Joint Stipulation & Order filed by parties (10-28-2017) (3 pages)
- 2017 Fusion GPS renewed application to quash subpoena (11-3-2017) (22 pages)
- 2018 District Court Opinion denying 2d motion to quash (1-4-2018) (26 pages)
- Key Excerpts from 2018 District Court Opinion (4 pages)
Appeals Court Proceedings
No proceedings to date.
Supreme Court Proceedings
No proceedings to date.
