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View Diary: Report: Feds subpoena Christie's Port Authority chairman in conflict of interest investigation (107 comments)

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  •  In general, you cannot claim a 5th Amendment (3+ / 0-)
    Recommended by:
    Janet 707, Creosote, blue aardvark

    privilege with respect to previously created documents, particularly if the subpoena is directed to a corporate or other collective entity. If the documents are incriminating, that's just too bad. There are however some circumstances in which there is an "implied" right against self-incrimination with respect to producing documents in response to a subpoena. These circumstances generally arise where the subpoena is very broad -- so broad that the act of determining whether there are responsive documents to produce becomes testimonial as opposed to ministerial. This "act of production" doctrine is not so broad that you can simply refuse to produce any document that makes you look bad.

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