May 19, 2005 | A Blank Subpoena

As many have heard, the Senate Select Committee on Intelligence is looking to expand the Justice Department's authority to subpoena business records without having to get a judge's approval.

Under the proposal the DOJ could use the subpoenas for investigations into violations of 335 separate laws, though its unclear if the subpoenas are valid in cases involving citizens or green card holders. (This is hard to determine as the Senate Select Committee drafts the intelligence funding bills in secret and the provisions won't be made public until they come out of committee.)

Reuters has the most detailed story so far.

This is not the first time the Senate Select Committee has expanded administrative subpoena power.

A similar expansion happened in 2003 when the Committee expanded the reach of one kind of administrative subpoena, technically known as a National Security Letter, by expanding the definition of a financial institution. See this story for more historical details.

Also of interest, remember that in September, a federal judge barred the FBI from using National Security Letters, ruling that the gag order that accompanied the subpoena was unconstitutional. See Declan McCullagh's story here.

For more on the history of administrative subpoenas, check this recent Congressional Research Service report, hosted by the good folks at Secrecy News.

Posted by Ryan Singel at May 19, 2005 03:49 PM

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Posted by: Tanda at May 22, 2005 10:29 AM