4 ms·
Does the phrase "you are asked" have a legal bearing though? is it something they can just choose to not follow, since they were not "told" or "instructed"?
by laurencei 5y ago
Does the phrase "you are asked" have a legal bearing though? is it something they can just choose to not follow, since they were not "told" or "instructed"?
- underdeserver 5y agoGiven that the subpoena itself contains language such as "YOU ARE COMMANDED" (sic), probably not, but I imagine Moxie asked the ACLU lawyers before making it public.
- alias_neo 5y agoGiven that the following sentence says "If you nonetheless plan to disclose the existence or nature of the subpoena, please contact the Special Agent identified above first". I suspect it might not. I don't know why this additional information wasn't quoted by the parent comment.
- Y_Y 5y agoAnd so, are you obligated to contact the "Special Agent" in the case the you do disclose the subpoena?
- bnj 5y agoNot a lawyer but my inference is that this language establishes that you have foreknowledge that disclosure might interfere with the investigation -- so if you ignore these requests and disclose in a way which appears to adversely impact the investigation, you won't be able to claim that you didn't know
- alias_neo 5y agoI mean, for me, the layman, my understand is that this sentence implies you are not strictly forbidden under severe penalty from disclosing, otherwise, as they have demonstrated, they're not above throwing the CAPITAL LETTERS at you.
- Vinnl 5y agoI guess I interpreted it as a more perfunctory "please", but that's probably just a knee-jerk reaction on something being sent by a lawyer. Seeing it spelled out like it is here, it does seem more logical for it not to be a strict requirement.
- elliekelly 5y agoI don’t have any experience with Homeland Security investigations but I know when the SEC begins major investigations they’ll often request the subject of the investigation voluntarily waive attorney-client privilege. Who on earth would do that? Well, just about everyone. Of course they can’t force a waiver of privilege but the implication is that things will go much better for you if you do. The investigation (and subsequent punishment) will be much less painful for you. I suspect there’s a similar implication lurking behind this polite ask as well.