Brett Kavanaugh speaks in the Rose Garden of the White House on June 1, 2006 in Washington, D.C., after being sworn in to be a judge on the U.S. Court of Appeals.

A Russian firm accused by special counsel Robert Mueller of illegally meddling in the 2016 U.S. presidential election cites decisions from President Donald Trump's new Supreme Court nominee to argue that the charges against it should be dropped.

Brett Kavanaugh, who could fill the Supreme Court seat soon to be vacated by retiring Justice Anthony Kennedy, warned the government in a 2011 court decision that if it wants to charge foreigners with violating certain laws about political contributions, then it must prove that those foreign nationals were aware of the laws being broken.

The Russian company, Concord Management and Consulting, quotes Kavanaugh's memorandum in that 2011 case as an opening statement in its bid to drop the special counsel's charges.

"The Special Counsel found a set of alleged facts for which there is no crime," a lawyer for Concord wrote in the motion filed in Washington, D.C., district court on Monday. "Instead of conceding that truth, however, the Special Counsel attempts to create a make-believe crime that is in fact no crime at all."