By issuing the OAG Subpoena, and then seeking to enforce it through the OAG MTC, Mr. Cuomo has twice invoked ‘the Judicial power of the United States,’ to require the OAG to produce the Requested Materials, i.e., to ‘compel [the OAG] to act[.]’
Continue Reading Magistrate Judge Cave: Eleventh Amendment Sovereign Immunity Bars Enforcement of Document Subpoena to NY Attorney General’s OfficeLast week, Magistrate Judge Cave ruled that the New York Attorney General’s Office (“OAG”) was protected from having to comply with a document subpoena under Eleventh Amendment sovereign immunity. The subpoena was issued by former Governor Cuomo, in connection with a defending against a civil lawsuit involving allegations overlapping with matters that OAG had investigated.
Judge Cave was faced with a a question that the Second Circuit has not yet resolved: whether “a subpoena to a state agency and subsequent efforts to enforce it are ‘the type of proceeding[] from which the Framers would have thought the States possessed immunity when they agreed to enter the Union.’” She concluded that OAG was immune:
By issuing the OAG Subpoena, and then seeking to enforce it through the OAG MTC, Mr. Cuomo has twice invoked ‘the Judicial power of the United States,’ to require the OAG to produce the Requested Materials, i.e., to ‘compel [the OAG] to act[.]’
Continue Reading Magistrate Judge Cave: Eleventh Amendment Sovereign Immunity Bars Enforcement of Document Subpoena to NY Attorney General’s Office
Subpoenas
Second Circuit: Banks Must Comply with House Subpoena for Trump Financial Records
By Michael Keough on
In a opinion today, the Second Circuit held that two financial institutions must comply with recent subpoenas issued by the House Permanent Select Committee on Intelligence and the House Financial Services Committee seeking information related to the Trump Organization and Trump family businesses. President Trump and others had filed a suit to prevent the banks from complying with the subpoenas (see our previous coverage here).
The Second Circuit affirmed in part Judge Ramos’ earlier denial of President Trump’s request for an injunction. In part, the Second Circuit found that the public interest outweighed individual privacy concerns because the lead plaintiff was the President of the United States:
Continue Reading Second Circuit: Banks Must Comply with House Subpoena for Trump Financial Records
Trump Family Sues Banks to Prevent Compliance with House Subpoenas
By Michael Keough on
In a complaint filed yesterday, President Trump, his children, and entities related to Trump family businesses sued two financial institutions to prevent them from responding to recent subpoenas issued by the House Permanent Select Committee on Intelligence and the House Financial Services Committee. The subpoenas seek banking and financial records related to Trump family businesses; …
Judge Gardephe Certifies for Appeal Issue of Whether SEC Can Subpoena Congressional Committee
By Charles Michael on
Judge Gardephe yesterday certified for interlocutory appeal his earlier ruling (covered here) allowing the SEC to obtain some (but not all) categories of information sought by a subpoena to a congressional committee in connection with an investigation of the STOCK Act, which essentially extends the insider trading laws to Congress. He found that an…
Judge Gardephe Rules that Congressional Committee Must Respond to SEC Subpoena, But May Withhold Internal Legislative Deliberations
By Charles Michael on
In an opinion dated Friday but released this morning, Judge Gardephe largely upheld subpoenas to a congressional committee and a staffer concerning allegedly unlawful stock trading under the STOCK Act, which essentially extended insider trading laws to Congress. (See our previous coverage of the case here.)
Judge Gardephe found that the subpoenas were not…
Congressional Committee Claims Sovereign Immunity From SEC Subpoena
By Charles Michael on
In a brief filed Friday, a committee of the U.S. House of Representatives and a staffer, Brian Sutter, argued why they need not comply with an SEC subpoena relating to an investigation under the STOCK Act, which essentially extends the insider trading laws to Congress (see our prior post on the case here). Among other arguments, the committee and Mr. Sutter invoked sovereign immunity:
Continue Reading Congressional Committee Claims Sovereign Immunity From SEC Subpoena