3 ms·
Violating the Code of Criminal Procedure should carry disbarment, at minimum. Include the very reasonable cases that could be made for fraud and/or forgery (de
by turc1656 9y ago
Violating the Code of Criminal Procedure should carry disbarment, at minimum. Include the very reasonable cases that could be made for fraud and/or forgery (depending on the wording of the law(s) in that state) and things get even more serious.
What's not mentioned is the possibility of a violation of section 242 under title 18 of the Federal code (https://www.law.cornell.edu/uscode/text/18/242 https://www.law.cornell.edu/uscode/text/18/242). For practical purposes, that's a hell of a stretch, I admit. But it really shouldn't be. My reasoning is that the government here is forcing people to do something that it doesn't have the authority to force them to do, that may very well be a violation of this law. They are restricting your freedoms without the authority under law to do that. The question becomes whether or not the restriction of freedom(s) from these fake subpoenas counts as a violation of the "rights, privileges, or immunities secured or protected by the Constitution or laws of the United States". And I don't know the answer with certainty. A constitutional lawyer would have to weigh in on that. I imagine it would, though, because these people are effectively being forced to show up somewhere when they had no intention of doing so with people they never wanted to meet and forcing them to speak by answering questions they did not want to answer. That sounds like a first amendment violation to me.