Federal Agency Investigations: Procedural Rights of the Subpoenaed Witness

Authors

Frank C. Newman, University of California, Berkeley

Abstract

This article is designed to help fill a gap in the literature and to warn government attorneys, particularly, about some questionable asides in the Hannah case. We shall not deal with record-keeping requirements or with agency inspections, subpoenas duces tecum, and related search and seizure problems. The focus instead is on the subpoenaed witness; that is, a man who knows that force may be used against him unless pursuant to government command he appears and answers questions. We examine several rights that may protect the witness; and we shall also ask whether the agencies, to discharge their governmental duties, truly need the subpoena power.

Recommended Citation

Frank C. Newman, Federal Agency Investigations: Procedural Rights of the Subpoenaed Witness, 60 Mich. L. Rev. 169 (1961).
Available at: https://repository.law.umich.edu/mlr/vol60/iss2/3