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Why is this included in a spending bill❓ WHAT are they HIDING❓
Jon Herold | Guys this section of the CR is insane. Why is this included in a spending bill? Why are they trying to make this a thing at all? WHAT ARE THEY HIDING?
This section seemingly permits the Chief Administrative Office (CAO) or any “electronic communications service” (think: Gmail) to notify a “House office” that their data has been subpoenaed. This isn’t unusual, unless the subpoena disallows it, such as an accompanying gag order. However, “shall not be barred, through operation of any court order or any statutory provision, from notifying the House office” seems to be a direct conflict with the Constitution’s separation of powers doctrine.
The next section becomes even more concerning. It reads:
MOTIONS TO QUASH OR MODIFY.—Upon a motion made promptly by a House office or provider for a House office, a court of competent jurisdiction shall quash or modify any legal process directed to the provider for a House office if compliance with the legal process would require the disclosure of House data of the House office.
Not only does this section of the CR permit “electronic communications services” to notify a House office if they are subject of a subpoena, even if that subpoena has an accompanying gag order, it then allows the House office to motion to quash the subpoena and, shockingly, mandates that a “court of competent jurisdiction shall quash or modify” the subpoena.
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