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The privilege was invoked in Thomas Burnett vs. Al Barka Investment & Development Corporation (Civil No. 04ms203) a motion to quash a subpoena for the testimony of Sibel Edmonds. The government's motion to quash based on state secrets privilege was granted in part.
The Court concluded by stating that when a grand jury subpoena is challenged on relevancy grounds, the motion to quash must be denied "unless the district court determines that there is no reasonable possibility that the materials sought will produce information relevant to the grand jury's investigation." [1]
Because this Court holds that the U.S. Supreme Court unequivocally rejected any reporter’s privilege rooted in the First Amendment or common law in the context of a grand jury acting in good faith, this Court denies the motions to quash. Civil cases, as opposed to criminal cases, have been held not to come under the Branzburg test. [7]
A Georgia judge is holding a hearing on Brian Kemp's effort to quash a subpoena seeking his testimony for a probe into attempts to influence the 2020 election.
Georgia Gov. Brian Kemp (R) asked a judge on Wednesday to quash a subpoena requiring the governor to appear before the special grand jury investigating whether former President Trump attempted to ...
The subpoena, the most aggressive step to date taken by special counsel Jack Smith, sets the stage for a potential dispute over executive privilege, creating a dynamic that could test — or at ...
United States v. Hubbell, 530 U.S. 27 (2000), was a United States Supreme Court case involving Webster Hubbell, who had been indicted on various tax-related charges, and mail and wire fraud charges, based on documents that the government had subpoenaed from him. [1]
Doe v. 2themart.com Inc., 140 F. Supp. 2d 1088 (2001), was a federal case decided by United States District Court for the Western District of Washington, on the issue of an individual's First Amendment right to speak anonymously on the Internet and a private party's right to disclose the identity of the anonymous Internet user by enforcing a civil subpoena.
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