The comprehensive scheme governing claims of immunity in civil actions against foreign states and their instrumentalities under the Foreign Sovereign Immunities Act does not extend to criminal cases. Furthermore, the district court possesses jurisdiction over this criminal prosecution as per 18 U.S.C. § 3231.
In April 2023, Justice Alito expressed his dissenting opinion while also concurring with certain aspects, whereas Justice Gorsuch filed a separate opinion. In a unanimous decision, Justice Kavanaugh’s opinion remanded and vacated certain parts while affirming others, ultimately resulting in a judgment.
On May 22, 2023, a judgment was issued. On April 26, 2023, the record was returned to the U.S. District Court for the Southern District of New York, consisting of one box of sealed materials. On April 19, 2023, the case was adjudged to be affirmed in part, vacated, and remanded in part. Justice Kavanaugh delivered the opinion of the Court, with Chief Justice Roberts and Justices Thomas, Sotomayor, Kagan, Barrett, and Jackson joining. Justice Gorsuch filed a concurring opinion in part and dissenting opinion in part, joined by Justice Alito. On January 17, 2023, the case was argued. Lisa S. Blatt represented the petitioner, Turkiye Halk Bankasi A.S., And Eric J. Feigin, Deputy Solicitor General of the Department of Justice, represented the respondent. On January 6, 2023, the petitioner’s reply was filed. On December 22, 2022, the record was received from the U.S. District Court for the Southern District of New York, consisting of one box of sealed materials. On December 21, 2022, the brief amicus curiae of United Against Nuclear Iran was filed. On December 21, 2022, the brief amici curiae of Mark B. Feldman, Esq., Et al. Were filed. On December 14, 2022, the brief of respondent United States was filed. On December 7, 2022, the case was circulated. On November 21, 2022, various briefs amicus curiae were filed by Lord Daniel Brennan KC, Republic of Türkiye, Professors Ingrid (Wuerth) Brunk and William S. Dodge, Republic of Azerbaijan, Roger O’Keefe, and The Turkish Red Crescent, et al. On November 16, 2022, the record was received electronically from the U.S. Court of Appeals for the 2nd Circuit. On November 16, 2022, the record was requested from the U.S. Court of Appeals for the 2nd Circuit. On November 14, 2022, the joint appendix was filed, along with a statement of costs. On November 14, 2022, the petitioner’s brief was filed. The argument is set for Tuesday, January 17, 2023. On October 3, 2022, the petition was granted. On August 3, 2022, it was distributed for the Conference of 9/28/2022. On August 2, 2022, the petitioner’s reply was filed. On July 18, 2022, the respondent’s brief in opposition was filed. On June 16, 2022, briefs amici curiae of Republic of Azerbaijan and Islamic Republic of Pakistan were filed. On June 9, 2022, a motion to extend the time to file a response was granted, extending the deadline to July 18, 2022. On June 7, 2022, a motion to further extend the time to file a response was submitted to the Clerk. On May 13, 2022, a petition for a writ of certiorari was filed, with a response due on June 16, 2022. On January 31, 2022, an application (21A373) to extend the time to file was granted by Justice Sotomayor, extending the deadline to May 13, 2022. On January 25, 2022, an application (21A373) to extend the time to file a petition for a writ of certiorari was submitted to Justice Sotomayor, requesting an extension from March 15, 2022 to May 13, 2022. The proceedings and orders are color-coded.