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Politics : Did Slick Boink Monica?
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To: Lady Lurksalot who wrote (13350)4/10/1998 8:42:00 PM
From: jlallen  Read Replies (1) of 20981
 
In the case of Mr. Clinton in particular and in criminal investigations of this nature in general, when developing evidence I understand that a thorough prosecutor will look under every rock. Exposing the underside of rocks tends to start things skittering. The way I understand the subpoena mechanism, the prosecutor does not need permission to issue one. If one feels aggrieved by the subpoena one is entitled (at least in the Federal civil courts) to ask the Court to review the matter and quash the subpoena. For instance, one is entitled to reasonable notice. So for instance, if I issued you a subpoena today to appear tomorrow, absent some compelling exigent circumstances (such as fleeing the country to avoid testifying at all) , I doubt I could enforce it. I suspect, although I don't know for sure since I don't represent anyone in criminal proceedings, that the same remedy (motion to quash) applies in criminal proceeding. If these "shotgun" subpoenas really did violate any law or portion of the Constitution, I imagine the ACLU and/or some other protector of the great unwashed masses would be leaping forward to stop the abuses of the evil IC. How exactly do you feel a "shotgun" subpoena violates the Constitution? JLA
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