Rep. Bill McCollum (R-FL): Mr. Chairman, I have motions at the desk which I ask to be considered en bloc. I move that the committee authorize the issuance of the following subpoenas. Number one, subpoena duces tecum to Attorney General Janet Reno -- The Impeachment Hearings, Tuesday, December 1, 1998.
A term to send shivers through the bowels of DOJ.
A subpoena duces tecum (or subpoena for production of evidence) is a court summons ordering a named party to appear before the court and produce documents or other tangible evidence for use at a hearing or trial.
The summons is known by various names in different jurisdictions. The term "subpoena duces tecum" is used in the United States, as well as some other common law jurisdictions such as South Africa. It is a Latin phrase meaning "bring with you under penalty of punishment". The summons is called a "subpoena for production of evidence" in some U.S. states that have sought to reduce the use of non-English words and phrases in court terminology.
The subpoena duces tecum is similar to the subpoena ad testificandum, which is a writ summoning a witness to testify orally. However, unlike the latter summons, the subpoena duces tecum instructs the witness to bring in hand books, papers, or evidence for the court. In most jurisdictions, a subpoena usually has to be served personally.
3 comments:
When the stupid bitch shyster who accused me of jury misconduct after I and the rest of the jury found her client guilty of domestic assault in '07 subpoenaed me, she screwed up and sent a duces tecum instead of a regular subpoena. Scared the shite outta me. You see she failed to list what documents I was ordered to bring. I was afraid the bastards would toss e in jail for contempt for not bringing the documents. When I called the Asst. D.A. who tried the people's side, he said not to worry. If they didn't list any documents then I couldn't be held in contempt for not bringing documents with me.
Any how, when the bitch-shyster called me to the stand, I was really mad. I started answering more than she asked. I started asking HER questions. I told them all I felt like a little baby bunny rabbit in a room full of wolves. I said I had lawyers in front of me, lawyers diagonally across from me, a lawyer in a choir robe beside me and a big guy with a badge and a Glock 22 off to one side. How could I NOT feel a tad intimidated?
Anyhow, the bitch-shyster tried to object but the Judge wouldn't let her since SHE called me to the stand. The D.A. side were just about rolling in the floor laughing. Finally the Judge asked me if I would give the woman a break. I did, got up and left. On the way out they told me that Jury Misconduct was a procedural thing not a criminal offense.
Bottom line the next time I get called for jury duty, I'm gonna tell the judge that I already plan to vote "guilty" seeing as how the D.A.'s office so seldom takes anything to trial that if we are actually IN COURT I figure the defendant must be guilty as home made sin. I reckon that'll get me excused.
I remain hopeful, but how do you enforce such a subpoena against those who ignore the law? Against someone like Holder who refuses to enforce DOMA, refuses to try the New Black Panthers, or to investigate and stop the glaring billion dollar Pigford fraud?
"I remain hopeful, but how do you enforce such a subpoena against those who ignore the law? Against someone like Holder who refuses to enforce DOMA, refuses to try the New Black Panthers, or to investigate and stop the glaring billion dollar Pigford fraud?"
Soap box, ballot box, jury box, cartridge box!
In the end, the American people will get the kind of performance from their government that is pretty much in line with the minimum that they will accept.
There is no justice! Just us!
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