In re Grand Jury Subpoena: John Doe, No. 06-1572
District court's refusal to quash a grand jury subpoena duces tecum seeking documents from a sitting Congressman's Chief of Staff is affirmed as, even if the congressional office is deemed to be a sole proprietorship, the Congressman is not entitled to bar his Chief of Staff from producing the documents to a grand jury by invoking his Fifth Amendment privilege, because as a sole proprietor, he could not assert Fifth Amendment privilege to quash a subpoena served on the Chief of Staff who had actual possession of the documents and was responsible for preparing and maintaining them.
Argued: September 18, 2009
Decided: October 15, 2009
Opinion by Judge King
For Appellant: Amy Berman Jackson, Trout Cacheris PLLC, Washington, DC.
For Appellees: Patty Merkamp Sternler, United States Department of Justice, Criminal Division, Appellate Section, Washington, DC.