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44 votes

What happens to Donald Trump if he refuses to turn over his financial records?

According to this Washington Post story: Vance is seeking the records from Trump’s longtime accounting firm, Mazars. Thus Trump himself will not be able to refuse to provide the tax return ...
David Siegel's user avatar
28 votes

What happens to Donald Trump if he refuses to turn over his financial records?

The recent SCOTUS ruling on the ability of the Manhattan DA's office to enforce their subpoena applies to the accounting firm Mazars (who has copies of the tax returns and acts as Trump's agent in ...
BlueDogRanch's user avatar
  • 18.8k
18 votes

Why don't they just issue search warrants for Steve Bannon's documents?

First, let's be clear about who "they" is. Neither Congress nor the Department of Justice has the power to issue search warrants by themselves. Search warrants are issued by judges, upon a ...
Nate Eldredge's user avatar
15 votes
Accepted

Hypothetical POTUS divorce

If the spouse of the US president filed for divorce, would a) the President have any claim of immunity from any litigation that followed (e.g. the division of assets in the matrimonial pot, child ...
ohwilleke's user avatar
  • 219k
14 votes

Obtaining information that requires a court order but before to going to the court?

There are two cases to distinguish: information that the other party does not want to give without court order, and information that the other party may not give without court order. Only the former ...
MSalters's user avatar
  • 5,677
14 votes

Can medical records ever be subpoenaed or discovered in any judicial context?

Yes in general Generally, almost all western jurisdictions (be they civil law or common law) have some way to get medical records into evidence, be that via subpoenaing, or by discovery requests or ...
Trish's user avatar
  • 39.9k
12 votes

An attorney can't afford to pay for professional services to search & retrieve required documents for civil & criminal proceedings, what happens next?

As a general rule, failure to comply with a court order is not contempt of court if compliance is impossible. In the unusual scenario you describe, the outcome will depend on the specific legal ...
sjy's user avatar
  • 9,188
11 votes

What standard of evidence is used for a subpoena of documents in a criminal case? How does it compare to probable cause?

Probable cause is not required to issue a subpoena. But, a recipient of a subpoena (or a party to a case in which a subpoena is issued, or a person whose records a subpoenaed), may file a motion to ...
ohwilleke's user avatar
  • 219k
10 votes
Accepted

Personal devices subject to subpoena?

A litigant could issue a subpoena to you demanding the information on your phone relevant to their case. If your employer or you are parties to a lawsuit, you can also be required to provide ...
ohwilleke's user avatar
  • 219k
8 votes

What is the difference between a subpoena and a court order?

A subpoena is a kind of court order. Specifically it is an order to a particular person to appear and testify at a particular time and place. In many but not all cases, the order also requires that ...
David Siegel's user avatar
7 votes

Can someone plead the fifth regarding impeachment?

Yes Impeachment proceedings (as are all activities of Congress) are legal proceedings in that they are enabled by the Constitution. While it is true that they are not judicial proceedings, the ...
Dale M's user avatar
  • 211k
6 votes
Accepted

Can William Barr fully comply with the House Judiciary Committee's Subpoena?

The best course of action for Barr would be to file an objection to the subpoena in the proper court (probably the U.S. District Court for the District of Columbia) under or by analogy to Federal Rule ...
ohwilleke's user avatar
  • 219k
6 votes
Accepted

Is probable cause of a crime necessary for a subpoena to be issued?

A grand jury subpoena needs to not be oppressive or unreasonable: see US v. R Enterprises, 498 US 292. The purpose of a grand jury is to determine if there is probably cause: "the Government cannot be ...
user6726's user avatar
  • 215k
6 votes
Accepted

What's the point of a subpoena if you can just invoke the fifth amendment?

A subpoena is nothing more than court process compelling someone to testify as a witness or to produce documents in their possession, custody and control, or both, usually in connection with a court ...
ohwilleke's user avatar
  • 219k
6 votes

Obtaining information that requires a court order but before to going to the court?

Discovery is the hunt for facts, including subpoenaing records from 3rd parties. You can't use discovery without the other side knowing. Unless you have a really good reason that you can sell to a ...
Harper - Reinstate Monica's user avatar
6 votes
Accepted

What is Congress' interest in what a private university like Columbia does?

On what basis is congress subpoena'ing University of Columbia's president (other presidents of private universities)? Congress has very broad subpoena power to investigate situations that take place ...
ohwilleke's user avatar
  • 219k
5 votes

Which comes first: contracts or subpoena orders?

Even within the United States, this would depend upon the jurisdiction involved. Some jurisdictions recognize a legal privilege of a journalist to keep confidential sources secret (also called a "...
ohwilleke's user avatar
  • 219k
5 votes

Gmail harassment and IP address

Law enforcement only investigates crimes, and they have significant discretion regarding which crimes to investigate. If they considered a crime to have occurred in your case, they could certainly ...
feetwet's user avatar
  • 21.8k
5 votes
Accepted

Why should a witness have to be arrested if they didn't answer the summons of a subpoena?

A witness who disobeys a court order has automatically broken the law. Indeed, this is the most fundamental of laws; you can't decide "If I turn up to the hearing I may be punished for my crime; but ...
Tim Lymington's user avatar
5 votes

What is the difference between a subpoena and a court order?

A subpoena is a kind of court order, specifically one requiring the recipient to provide information to the court. A subpoena can be an appropriate order for a company to provide information to the ...
IllusiveBrian's user avatar
5 votes
Accepted

Can an expert refuse to give expert testimony?

united-states Yes and no, that is, the courts have extensive powers to compel testimony, but there are rules about doing so. This article addresses the question of expert testimony. Suppose you want ...
user6726's user avatar
  • 215k
5 votes

What is Congress' interest in what a private university like Columbia does?

Acknowledging that a lot of what they do is political theater, the literal non-snarky answer is that Congress authorizes federal funding* and universities such as the one you mentioned get a lot of ...
Damila's user avatar
  • 1,670
4 votes

Can owner of stolen goods found for sale subpoena seller to disclose the source?

Civil claims have statutes of limitations too Usually shorter than 10 years. Therefore, Bob cannot sue anyone for recovery and therefore does not practically own the bike. In some jurisdictions, ...
Dale M's user avatar
  • 211k
4 votes
Accepted

Gag order in reference to a Criminal Investigation

Contracts are subordinate to the law Any clause in a contract that is unlawful is void. So, if the law compels you to disclose information then even if a contract prohibits it, disclosure is not a ...
Dale M's user avatar
  • 211k
4 votes

Under what circumstances can a subpoena be issued?

Law enforcement officers can obtain information with a search warrant, which is a document issued by a judge or magistrate that authorizes them to search for specific information or evidence based on "...
feetwet's user avatar
  • 21.8k
4 votes
Accepted

Could a Judge or Attorney General or Similar Start a New 9/11 investigation?

You don't really need any reasonable doubts about the currently available evidence to get it started. If an investigating authority thinks a crime has been committed and not yet been adjudicated, it ...
bdb484's user avatar
  • 60.4k
4 votes

Do homophobic governments successfully subpoena LGBT dating sites?

The basic legal principles are as follows. First, a government may pass a law criminalizing an act, for example this Ugandan law which penalizes homosexual acts, their attempt, and aiding and abetting ...
user6726's user avatar
  • 215k
4 votes

An attorney can't afford to pay for professional services to search & retrieve required documents for civil & criminal proceedings, what happens next?

a mix of criminal and civil litigations against the attorney I don't think being an attorney really matters. If the actions are against an attorney, they should have their own attorney handling the ...
Jason Goemaat's user avatar

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