Discussion about this post

User's avatar
NFO's avatar

Even noting (and daunted by) an insider's view of the FBI brass' shift toward a "devil may care" attitude on predication in light of an ever-expanding "national security" tack, I am curious why the Bureau would pursue a grand jury subpoena when National Security Letters would get them the info they sought. I recall a panel 15+ years ago when FBI's General Counsel advised that our clients should treat NSLs the same as they would a GJ subpoena in terms of breadth/scope. The subpoena step would just seem to raise additional, "unnecessary" predication questions of how developed facts applied to the essential elements for a specified federal crime. Don't do litigation or criminal, so I readily admit my limited understanding here.

Expand full comment
5 more comments...

No posts