abuse of administrative subpoenas

The Unconstitutionality of the Exxon Subpoena

Philip Hamburger, LibertyLawSite.org

The difficulty is that conclusions about climate change, on either side of the question, are often difficult to distinguish from political opinion. Although the truth about the climate may lie in complex empirical data, such data is always open to dispute, and the climate has become a highly contested political controversy. The attorney general’s subpoena therefore looks disturbingly like harassment for dissenting scientific and political opinion.

Congressmen Move To Protect Silicon Valley, But Ignore Individual Privacy

Kathryn Watson, The Daily Caller

Congress’ proposed “Email Privacy Act” lets federal agencies continue subpoenaing citizens’ emails, bank account numbers and phone call records without first demonstrating probable cause to a judge and getting court approval for a warrant.

Federal Bureaucrats Find ‘Superhighway’ Around 4th, 5th Amendments

The Daily Surge

Equal Employment Opportunity Commission officials recently used a warrant-less subpoena on a Texas-based grocery chain that fired an employee who failed a post-maternity leave physical fitness test, demanding the home addresses and Social Security numbers of every company employee.

Donor Info Under Assault

Mark Fitzgibbons, The NonProfit Times

Charity solicitation regulators have been defeated four times since 1980 in the Supreme Court of the United States but — a bit like Freddie Krueger — they keep coming back.

The government can easily get your phone records without asking a judge

Jerry Markon, The Washington Post

The administrative subpoena is a tool that lawyers and former government officials say federal agencies are increasingly turning to as a way to force people and companies to turn over personal records and other documents. The catch: it doesn’t require the prior approval of a judge.

Another Assault On Your Fourth Amendment Rights

Soon, everything will be considered within the reach of our soft-police state government in violation of the Fourth Amendment unless administrative subpoenas are outlawed, as they should have been nearly 70 years ago says our colleague constitutional lawyer Mark J. Fitzgibbons in his latest piece on the Fourth Amendment for The American Thinker.

False advertising for email privacy legislation

Mark J. Fitzgibbons, Esq., The Washington Examiner

Reading H.R. 699, "The Email Privacy Act"  — bill reading being a lost art on Capitol Hill — shows that it expressly exempts "the authority of a governmental entity to use an administrative subpoena authorized under a Federal or State statute" to obtain emails directly from individuals and businesses, meaning government bureaucrats may continue to bypass the judicial process — and the Fourth Amendment — to obtain emails without probable cause of a crime, just not from third-party Internet service providers.

Sotomayor's 4th Amendment Time Bomb

Mark J. Fitzgibbons, Esq., American Thinker

A painfully slim 5 – 4 ruling this week by the Supreme Court in City of Los Angeles v. Patel is being greeted by many privacy advocates almost with the ebullience of Gene Kelly’s heal-clicking dance in Singin’ in the Rain. But privacy advocates seem to be suffering from a bit of Stockholm Syndrome. Joyful about the court’s barely holding the line on two issues, most have yet to acknowledge how Justice Sonya Sotomayor’s majority opinion is also a blueprint for a major power grab for the administrative police state.

Senator Lee: Protect Our Privacy! Judgeless Warrants Violate The 4th Amendment

The Honorable Mike Lee
361A Russell Senate Office Building
Washington, D.C. 20002

Re:  Electronic Communications Privacy Act Amendments Act of 2015

Dear Senator Lee:

Sen. Mike Lee's Email ‘Privacy’ Bill Won’t Stop Government Grabbing Your Emails

Senator Mike Lee's S. 356 the "Electronic Communications Privacy Act Amendments Act of 2015" fails to stop one of the most egregious abuses of the 4th Amendment; "administrative subpoenas" allowing attorneys general and various state bureaucracies, plus the DEA, NSA, EPA, EEOC, SEC, FTC, etc. to issue their own judge-less warrants without oath and affirmation before a neutral judge or magistrate, and without probable cause, to get our emails. Please sign our letter to Senator Lee urging him to change S. 356 to abolish judge-less administrative subpoenas that violate the letter and spirit of the 4th Amendment.

Judge-less Administrative Warrants: The Prototype of a Police State

Mark Fitzgibbons, Special to CNSNews

Lawless and lawbreaking uses of warrants called “administrative subpoenas” by government officials aren’t always as flagrantly devious as a recent Drug Enforcement Agency case involving the digital currency Bitcoin. The question not being asked in the reporting of this case is why does a policing agency such as the DEA have the authority in the first place to issue warrants without showing probable cause before a judge, as required under the Fourth Amendment?