Administrative Subpoenas and National Security Letters in Criminal and Foreign Intelligence Investigations: Background and Proposed Adjustments

Administrative Subpoenas and National Security Letters in Criminal and Foreign Intelligence Investigations: Background and Proposed Adjustments

Date: April 15, 2005
Creator: Doyle, Charles
Description: Administrative subpoena authority, including closely related national security letter authority, is the power vested in various administrative agencies to compel testimony or the production of documents or both in aid of the agencies’ performance of their duties. During the 108th Congress, the President urged Congress to expand and re-enforce statutory authority to use administrative subpoenas and national security letters in criminal and foreign intelligence investigations; and legislation was introduced for that purpose. Related proposals have been offered during the 109th Congress, some of which deal with national security letter authority. Proponents of expanded use emphasize the effectiveness of administrative subpoenas as an investigative tool and question the logic of its availability in drug and health care fraud cases but not in terrorism cases. Critics suggest that it is little more than a constitutionally suspect “trophy” power, easily abused and of little legitimate use.
Contributing Partner: UNT Libraries Government Documents Department
Administrative Subpoenas and National Security Letters in Criminal and Intelligence Investigations: A Sketch

Administrative Subpoenas and National Security Letters in Criminal and Intelligence Investigations: A Sketch

Date: April 15, 2005
Creator: Doyle, Charles
Description: Administrative subpoena authority, including closely related national security letter authority, is the power vested in various administrative agencies to compel testimony or the production of documents or both in aid of the agencies’ performance of their duties. Both the President and Members of Congress have called for statutory adjustments relating to the use of administrative subpoenas and national security letters in criminal and foreign intelligence investigations. One lower federal court has found the sweeping gag orders and lack of judicial review that mark one of the national security letter practices constitutionally defective. Proponents of expanded use emphasize the effectiveness of administrative subpoenas as an investigative tool and question the logic of its availability in drug and health care fraud cases but not in terrorism cases. Critics suggest that it is little more than a constitutionally suspect “trophy” power, easily abused and of little legitimate use. This is an abridged version — without footnotes, appendices, quotation marks and most citations to authority — of Administrative Subpoenas and National Security Letters in Criminal and Foreign Intelligence Investigations: Background and Proposed Adjustments, CRS Report RL32880.
Contributing Partner: UNT Libraries Government Documents Department
Administrative Subpoenas in Criminal Investigations: A Brief Legal Analysis

Administrative Subpoenas in Criminal Investigations: A Brief Legal Analysis

Date: March 17, 2006
Creator: Doyle, Charles
Description: Administrative subpoena authority is the power vested in various administrative agencies to compel testimony or the production of documents or both in aid of the agencies’ performance of their duties. As a constitutional matter, the Fourth Amendment only demands that administrative subpoenas be "reasonable." Although more extensive proposals were offered in the 108th Congress, the law enforcement related administrative subpoena proposals in the 109th Congress appear in S. 600, relating to the Secretary of State’s responsibilities to protect U.S. foreign missions and foreign dignitaries visiting this country; in H.R. 3726, relating to federal obscenity investigations; and in H.R. 4170, relating to the apprehension of fugitives charged with, or convicted of, federal or state felonies. This report is available abridged – without footnotes, appendices, and most of the citations to authority – as CRS Report RS22407, Administrative Subpoenas in Criminal Investigations: A Sketch, by Charles Doyle.
Contributing Partner: UNT Libraries Government Documents Department
Administrative Subpoenas in Criminal Investigations: A Sketch

Administrative Subpoenas in Criminal Investigations: A Sketch

Date: March 17, 2006
Creator: Doyle, Charles
Description: Administrative subpoena authority is the power vested in various administrative agencies to compel testimony or the production of documents or both in aid of the agencies’ performance of their duties. Proposals in the 109th Congress for greater use of administrative subpoenas in a law enforcement context appear in S. 600, relating to the Secretary of State’s responsibilities to protect U.S. foreign missions and foreign dignitaries visiting this country; in H.R. 3726, relating to federal obscenity investigations; and in H.R. 4170, relating to the apprehension of fugitives charged with, or convicted of, federal or state felonies. This is an abridged version — without footnotes, appendices, quotation marks and most citations to authority — of CRS Report RL33321, Administrative Subpoenas in Criminal Investigations: Background and Proposed Adjustments, by Charles Doyle.
Contributing Partner: UNT Libraries Government Documents Department
Congress's Contempt Power and the Enforcement of Congressional Subpoenas: A Sketch

Congress's Contempt Power and the Enforcement of Congressional Subpoenas: A Sketch

Date: August 14, 2012
Creator: Garvey, Todd
Description: This report examines the source of Congress's contempt power, analyzes the procedures associated with inherent contempt, criminal contempt, and the civil enforcement of subpoenas, and discusses the obstacles that face Congress in enforcing a contempt action against an executive branch official.
Contributing Partner: UNT Libraries Government Documents Department
Congress's Contempt Power and the Enforcement of Congressional Subpoenas: A Sketch

Congress's Contempt Power and the Enforcement of Congressional Subpoenas: A Sketch

Date: April 10, 2014
Creator: Garvey, Todd & Dolan, Alissa M.
Description: This report examines the source of Congress's contempt power; analyzes the procedures associated with inherent contempt, criminal contempt, and the civil enforcement of subpoenas; and discusses the obstacles that face Congress in enforcing a contempt action against an executive branch official.
Contributing Partner: UNT Libraries Government Documents Department