Please register to participate in our discussions with 2 million other members - it's free and quick! Some forums can only be seen by registered members. After you create your account, you'll be able to customize options and access all our 15,000 new posts/day with fewer ads.
Location: Big Island of Hawaii & HOT BuOYS Sailing Vessel
5,277 posts, read 2,801,130 times
Reputation: 1932
Quote:
Originally Posted by BentBow
Without a warrant for those records, they can get a judge to issue a warrant to come seize them. But a subpoena isn't going to cut it. You cannot force a free human being to comply to your demands, unless accused of a crime. Or it would be slavery.
If you think you are going to search my records for a crime someone else did you better get a warrant!!
according to one report, friends advised nunberg to go to his parents' house this morning after it was clear that he was "drinking again" and had the potential to get himself in trouble..
wise friends. unfortunately it doesn't look like nunberg was receptive to the suggestion.
This isn't anything new though. The courts have been this way for a long time. Not sure why it's an issue now.
BTW I'm not saying it's right that the courts have that power but folks have been having this exact issue for a long long time.
Common peasants don't know their rights. They are intimidated greatly, by their ignorance of freedom and liberty. They concede their rights to the courts, upon intimidation and coercion. Ignorance or cowards?
Ya, let due process play out and the Constitution is very clear about forcing anyone to speak.
A warrant is enforceable, a summons/subpoena isn't. Sure a judge can hassle you, and force you through a warrant to answer, but then I was never accused of a crime to answer for in the first place. Am I being detained? For what crime? Not speaking is not a crime.
I think you have a warrant to appear before the court, conflated with a summons to appear before the court.
To avoid my fees, lawyers try that crap with me all the time, thinking I will be intimidated....
If Mueller gets a warrant, he will for certain include probable cause that will allow the seizure of Nunberg's server, computers, and files. Much cheaper and easier just to comply, unless you are afraid of what might happen when you turn your back from now on.
No, the rules are different between a warrant and a summons.
It is called the 5th Amendment.
5A -
"No person shall be held to answer for a capital, or otherwise infamous crime, unless on a presentment or indictment of a Grand Jury, except in cases arising in the land or naval forces, or in the Militia, when in actual service in time of War or public danger; nor shall any person be subject for the same offence to be twice put in jeopardy of life or limb; nor shall be compelled in any criminal case to be a witness against himself, nor be deprived of life, liberty, or property, without due process of law; nor shall private property be taken for public use, without just compensation."
He cannot be forced to testify against himself.
If he ignores the subpoena and is tossed in the clink until he complies, that is known as "due process".
Please register to post and access all features of our very popular forum. It is free and quick. Over $68,000 in prizes has already been given out to active posters on our forum. Additional giveaways are planned.
Detailed information about all U.S. cities, counties, and zip codes on our site: City-data.com.
Please register to participate in our discussions with 2 million other members - it's free and quick! Some forums can only be seen by registered members. After you create your account, you'll be able to customize options and access all our 15,000 new posts/day with fewer ads.
