To: bitt
Can a lawyer here explain to me why they can issue subpoenas without probable cause? Are prosecutors allowed to literally pick a random stranger off the street and begin issuing subpoenas to see if they can find a crime they can prosecute them for? If I am correct, there were no allegations that Trump did anything wrong, but the prosecutors are trying to find something.
11 posted on
01/03/2022 7:46:01 PM PST by
Yogafist
To: Yogafist
I thought this was a civil matter. Criminal dead due to statute of limitations UNLESS they up date it by perjury.
12 posted on
01/03/2022 7:51:46 PM PST by
Mouton
(The enemy of the people is the media )
To: Yogafist
Are prosecutors allowed to literally pick a random stranger off the street and begin issuing subpoenas to see if they can find a crime they can prosecute them for? “Show me the man, and I’ll show you the crime.”
Lavrenti Beria
23 posted on
01/03/2022 9:51:00 PM PST by
1066AD
To: Yogafist; All
Can a lawyer here explain to me why they can issue subpoenas without probable cause? Are prosecutors allowed to literally pick a random stranger off the street and begin issuing subpoenas to see if they can find a crime they can prosecute them for? It is worse than that. In the 1970's, the Supreme Court gave prosecutors absolute immunity from civil lawsuit, no matter how egregious their behavior, as long as they could tie that behavior to some sort of investigation or prosecution involved with their office.
It did not exist before. It was the Imbler case:
In 1976, the Supreme Court decided that prosecutors have absolute immunity—and so cannot be sued—for misconduct related to their advocacy in the courtroom. Imbler v. Pachtman, 424 U.S. 409 (1976). The Court expressed concerned that if prosecutors could be sued for decisions they make, they may start second-guessing themselves: “[It is] better to leave unredressed the wrongs done by dishonest officers than to subject those who try to do their duty to the constant dread of retaliation.” Id. at 428. That means prosecutors cannot be sued for injuries caused by their own misconduct—for example, coercing witnesses to lie, hiding evidence of innocence, or fabricating evidence of guilt—even when they’ve intentionally violated an individual’s constitutional rights or caused a wrongful conviction.
29 posted on
01/04/2022 2:26:16 AM PST by
marktwain
(Amazing people can read a persons entire personality and character from one photograph.)
To: Yogafist
Can a lawyer here explain to me why they can issue subpoenas without probable cause? Are prosecutors allowed to literally pick a random stranger off the street and begin issuing subpoenas to see if they can find a crime they can prosecute them for? If I am correct, there were no allegations that Trump did anything wrong, but the prosecutors are trying to find something.
There’s a difference between a civil case and a criminal case. You’re thinking of the Fourth Amendment requirement of probable cause for the issuance of a search warrant – in a criminal case. This case is civil. Pretrial discovery is much broader in civil actions.
Did the Trump family members do anything wrong? Even if they didn’t, they can be compelled to testify. I’d find it quite plausible that some lower-down employee in the Trump Organization, wanting to make the numbers for his unit look better, cut a few corners. The people who were running the company can be asked things like “Whose responsibility was this,” “Upon whom did you rely for the details when you signed this tax return,” etc. Then that person can be subpoenaed. All this is relevant to determining whether the Trump Organization owes some back taxes.
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