Category Archives: Subpoenas / Nat’l Security Letters

CNS News: Liberal AG’s Climate Change Probes Abuse Fourth Amendment to Upend First Amendment

CNS News: Liberal AG’s Climate Change Probes Abuse Fourth Amendment to Upend First Amendment by Mark Fitzgibbons. A subpoena for 40 years of records from Exxon about the environment is somehow equated with the Second Amendment (¶ 3, 1st sent.). … Continue reading

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VI: An investigative subpoena doesn’t have to specify who is under investigation, but it’s helpful to the recipient to identify records

An investigative subpoena doesn’t have to specify who is under investigation, but it’s helpful to the recipient to identify records. “[A] specific person has not yet been associated with the matter. In such cases, an investigative subpoena should generally describe … Continue reading

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CA5: DEA subpoena preempts Texas Occupational Code on patient privacy

The DEA subpoena power of the federal Controlled Substances Act subpoena preempts the Texas Occupational Code, so the doctor here can’t rely on state law to prevent disclosure of patient medical records. The gag order request in the subpoena was … Continue reading

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IL: GJ subpoena for palm prints in cold case didn’t violate Fourth Amendment

A grand jury subpoena was used to get defendant’s palm prints while he was in prison in 2004 to see whether he was connected to a 1997 murder. The grand jury subpoena did not violate the Fourth Amendment or the … Continue reading

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techdirt: DOJ’s New Restrictions On Surveilling Journalists Contain Exception For National Security Letters

techdirt: DOJ’s New Restrictions On Surveilling Journalists Contain Exception For National Security Letters by Tim Cushing: In 2013, it was revealed the DOJ had added First Amendment-trampling to its always-cavalier treatment of the Fourth Amendment by gathering journalists’ phone records. … Continue reading

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NYLJ: Judge Denies Suppression Bid but Cautions U.S. Prosecutors

NYLJ: Judge Denies Suppression Bid but Cautions U.S. Prosecutors by Andrew Keshner: Eastern District Judge Raymond Dearie refused to suppress information from grand jury subpoenas improperly demanding secrecy from their recipients, but warned prosecutors he wouldn’t rule out suppression or … Continue reading

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NY Times: Prosecutors’ Secrecy Orders on Subpoenas Stir Constitutional Questions

NY Times: Prosecutors’ Secrecy Orders on Subpoenas Stir Constitutional Questions by Stephanie Clifford: Marked with an official seal, the federal subpoena arrived at the red brick offices of Zuccarello, Zerillo & Co., an accounting firm in Whitestone, Queens, in early … Continue reading

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D.Md.: Gov’t justified its NSL in this case in classified filings; nondisclosure provision here survives First Amendment scrutiny

The government justified its NSL in this case in classified filings, which will be supplemented with redacted versions. The court finds that the nondisclosure requirement survives First Amendment scrutiny, but the government is required by the USA FREEDOM Act to … Continue reading

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D.Md.: Ptf waived REP in bank records

The Right to Financial Privacy Act was passed in response to Miller, but bank customers can waive privacy in their account records during an investigation, aside from process being applied. Bond v. United States Postal Serv. Fed. Credit Union, 2015 … Continue reading

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D.D.C.: SEC subpoena for company emails was narrow and complied with Fourth Amendment

An SEC subpoena was narrow and directed at company emails. It complied with the Fourth Amendment. The third party doctrine is not involved. United States SEC v. Karroum, 2015 U.S. Dist. LEXIS 164718 (D.D.C. Dec. 9, 2015). Petitioner raised a … Continue reading

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The Libertarian Republic: Congress Set To Limit Judge-Less Subpoenas At Heart Of Privacy Debate

The Libertarian Republic: Congress Set To Limit Judge-Less Subpoenas At Heart Of Privacy Debate by Mark Tapscott A measure protecting Internet Service Providers against judge-less subpoenas issued by federal bureaucrats has 305 congressional co-sponsors and seems headed toward passage. The … Continue reading

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WI: John Doe campaign finance investigation special prosecutor invalidly appointed; all materials gathered by SW and subpoena must be destroyed

In the Wisconsin campaign finance John Doe investigation with a special prosecutor, the state Supreme Court concludes that the appointment of the special prosecutor was statutorily invalid, and the materials gathered by search warrant and subpoena will ultimately have to … Continue reading

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