In re: Commissioner's Subpoenas

325 F.3d 1287 (2003)

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In re: Commissioner’s Subpoenas

United States Court of Appeals for the Eleventh Circuit
325 F.3d 1287 (2003)

RW

Facts

A somewhat ambiguous mutual-legal-assistance treaty (MLAT) obligated the United States and Canada to honor each other’s requests for assistance in criminal investigations and trials, without regard to the principle of dual criminality. The United States made the MLAT self-executing by providing that requests would be honored through procedures set forth in the existing letter-rogatory statute, 28 U.S.C. § 1782. Canadian authorities invoked the MLAT to request assistance in subpoenaing the testimony of seven American witnesses (the witnesses) (defendants). The Canadians intended to use that testimony in the pre-indictment phase of a Canadian criminal investigation. The U.S. federal government honored Canada’s request and appointed a commissioner to subpoena the witnesses. A magistrate judge granted the witnesses’ motion to quash the subpoenas because compulsory pre-indictment testimony was inadmissible under Canadian law, and therefore the substantive provisions of § 1782 barred the production of such testimony in response to Canada’s request. The district court affirmed the magistrate’s ruling. The government appealed to the Eleventh Circuit.

Rule of Law

Issue

Holding and Reasoning (Anderson, J.)

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