Judicial Review for Secrecy Orders on Administrative Subpoenas.
This law establishes new rules for administrative subpoenas that include a non-disclosure requirement (gag order). Federal officials must now formally certify that secrecy is necessary to prevent danger to life, flight from prosecution, or evidence tampering. Crucially, recipients of these secret subpoenas gain a clear right to challenge the non-disclosure requirement in court, ensuring greater judicial oversight.
Key points
Establishes a right to judicial review for non-disclosure requirements accompanying certain administrative subpoenas, increasing oversight of investigative powers.
Requires federal officials (Secretary of Homeland Security) to certify that disclosing the subpoena would seriously jeopardize an investigation or endanger individuals.
Allows recipients to disclose the subpoena details to their attorney or necessary personnel, provided those individuals also adhere to the secrecy rules.
Expired
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