A court of competent jurisdicition is, in general any court having jurisdiction over the offense being investigated or the persons being investigated. A department or agency can turn down a subpoena if they think the court in question fails to show competent jurisdiction. So far, several officials in Hawaii have been willing to go to bat to keep Obama’s birth records secret. I could this requiring a federal court order before Hawaii would comply, but we know this won’t happen because we know who controls the justice department.
Arguing with lil Jamie is equivalent to having a discussion with a recording on loop back. About the only thing that it is good for is for you to express the facts in multiple ways to other readers.
A court of competent jurisdicition is, in general any court having jurisdiction over the offense being investigated or the persons being investigated. A department or agency can turn down a subpoena if they think the court in question fails to show competent jurisdiction. So far, several officials in Hawaii have been willing to go to bat to keep Obamas birth records secret. I could this requiring a federal court order before Hawaii would comply, but we know this wont happen because we know who controls the justice department.
To allow nonconsensual disclosure pursuant to a subpoena—grand jury or otherwise-would permit disclosure of protected records at the whim of any litigant, whether prosecutor, criminal defendant, or civil litigant. Therefore, disclosure of records under subsection (b)(11) requires that the court specifically order disclosure. If there is a threat of punishment for contempt for ignoring a subpoena not approved by the court, the subpoena should be challenged by a motion to quash or modify.
Therefore, any prosecuting attorney who can convince any state or federal judge to issue a subpoena would constitute a “court of competent jurisdiction.”
The Obama Administration’s Department of Justice has no political control over state or federal judges.