When is a Congressional subpoena valid?

Discussion in 'Congress' started by Jarn, Dec 12, 2019.

  1. Jarn
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    Jarn Rookie

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    From the moment it's issued, right? Becomes effective against the person named when served?

    Assuming it is regularly issued in every other respect, does the mere existence of any possible privilege, or other right that might be asserted, affect the force of the subpoena?

    Does any privilege assert itself? Or is it only operable, even possibly, after it has been raised?

    Is a Congressional subpoena valid unless and until a court says otherwise?
     
  2. fncceo
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    fncceo Gold Member

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    It's only valid when the issuing body has the legal right to do so and the subject of the subpoena is under the jurisdiction of that body.
     
  3. Jarn
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    Jarn Rookie

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    Assume that, and that it was in every other respect regularly issued.
     
  4. Rye Catcher
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    Rye Catcher Senior Member

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    You made this up!

    https://crsreports.congress.gov/product/pdf/RL/RL34097

    Now apologize to the readers and admit your effort to mislead them.
     
  5. Fueri
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    Fueri Gold Member

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    They are valid through the end of the Congressional Session, at which point they expire. They can, of course, be re-issued by the next Session.

    a party can also delay and run out the clock on the session by dragging it through the courts, it can effectively be quashed. There is a process that can be undertaken through the courts to enforce if a party decides to ignore it, but it can be a very lengthy process which may take it beyond the point of any actual usefulness to a given issue. The DOJ may also simply refuse to prosecute in that case and has the latitude to do so.

    They can be very difficult to actually enforce, which is why they are often simply ignored.
     
  6. Jarn
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    Jarn Rookie

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    The question is, when is it valid. These things you mention, unless and until they happen, is the subpoena valid?
     
  7. Fueri
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    Fueri Gold Member

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    As far as I know, yes.
     

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