Comments on: Questions about Subpoenas http://www.politicalparlor.net/wp/2008/03/11/questions-about-subpoenas/ & Home of Lawn Mower Repair Thu, 20 Nov 2008 16:07:33 +0000 http://wordpress.org/?v=2.0.5 by: Loretta Nall http://www.politicalparlor.net/wp/2008/03/11/questions-about-subpoenas/#comment-20094 Wed, 12 Mar 2008 13:27:15 +0000 http://www.politicalparlor.net/wp/2008/03/11/questions-about-subpoenas/#comment-20094 Ignorance of the law is no excuse....least that's what I've always been told. Hope she gets SMACKED DOWN in the most public of manners. Ignorance of the law is no excuse….least that’s what I’ve always been told. Hope she gets SMACKED DOWN in the most public of manners.

]]> by: Brian http://www.politicalparlor.net/wp/2008/03/11/questions-about-subpoenas/#comment-20073 Wed, 12 Mar 2008 03:28:25 +0000 http://www.politicalparlor.net/wp/2008/03/11/questions-about-subpoenas/#comment-20073 Dan beat me to my thought in #3, but we'll wait and see what actual legal minds have to say about this... Dan beat me to my thought in #3, but we’ll wait and see what actual legal minds have to say about this…

]]> by: Anonymous http://www.politicalparlor.net/wp/2008/03/11/questions-about-subpoenas/#comment-20070 Tue, 11 Mar 2008 23:05:04 +0000 http://www.politicalparlor.net/wp/2008/03/11/questions-about-subpoenas/#comment-20070 The Supremacy Clause is the common name given to Article VI, Clause 2 of the United States Constitution, which reads: “ This Constitution, and the Laws of the United States which shall be made in Pursuance thereof; and all Treaties made, or which shall be made, under the authority of the United States, shall be the supreme Law of the land; and the Judges in every State shall be bound thereby, any Thing in the Constitution or Laws of any State to the Contrary notwithstanding. ” The Supremacy Clause establishes the Constitution, Federal Statutes, and U.S. treaties as "the supreme law of the land." The Constitution is the highest form of law in the American legal system. State judges are required to uphold it, even if state laws or constitutions conflict with it. The Supremacy Clause is the common name given to Article VI, Clause 2 of the United States Constitution, which reads:

“ This Constitution, and the Laws of the United States which shall be made in Pursuance thereof; and all Treaties made, or which shall be made, under the authority of the United States, shall be the supreme Law of the land; and the Judges in every State shall be bound thereby, any Thing in the Constitution or Laws of any State to the Contrary notwithstanding. ”

The Supremacy Clause establishes the Constitution, Federal Statutes, and U.S. treaties as “the supreme law of the land.” The Constitution is the highest form of law in the American legal system. State judges are required to uphold it, even if state laws or constitutions conflict with it.

]]> by: walt moffett http://www.politicalparlor.net/wp/2008/03/11/questions-about-subpoenas/#comment-20068 Tue, 11 Mar 2008 22:51:11 +0000 http://www.politicalparlor.net/wp/2008/03/11/questions-about-subpoenas/#comment-20068 Actually, I think it was an effort at intimidation to get better testimony. Then again while I'm speculating (haven't seen anything yet saying Martin told them to do it that way), the Marshals Service decided to save gas and tax payer dollars by serving as many supoenas in one place as possible. Actually, I think it was an effort at intimidation to get better testimony. Then again while I’m speculating (haven’t seen anything yet saying Martin told them to do it that way), the Marshals Service decided to save gas and tax payer dollars by serving as many supoenas in one place as possible.

]]> by: Kathy http://www.politicalparlor.net/wp/2008/03/11/questions-about-subpoenas/#comment-20065 Tue, 11 Mar 2008 21:49:48 +0000 http://www.politicalparlor.net/wp/2008/03/11/questions-about-subpoenas/#comment-20065 <i>As far as the propriety of serving them at the State House, the public has the right to know what is going on."</i> Absolutely, the public has the right to know what is going on. There are other ways to inform the public than turning the criminal justice system into a publicity vehicle for Alice Martin. And, as was pointed out above, a subpoena is a request for testimony. It's not an indictment or even an indication that the person subpoenaed is suspected of wrongdoing. I suspect the method of delivery was intended to make people think otherwise. As far as the propriety of serving them at the State House, the public has the right to know what is going on.”

Absolutely, the public has the right to know what is going on. There are other ways to inform the public than turning the criminal justice system into a publicity vehicle for Alice Martin. And, as was pointed out above, a subpoena is a request for testimony. It’s not an indictment or even an indication that the person subpoenaed is suspected of wrongdoing. I suspect the method of delivery was intended to make people think otherwise.

]]> by: walt moffett http://www.politicalparlor.net/wp/2008/03/11/questions-about-subpoenas/#comment-20059 Tue, 11 Mar 2008 19:27:17 +0000 http://www.politicalparlor.net/wp/2008/03/11/questions-about-subpoenas/#comment-20059 lets leave the issue of state vs federal law with the real lawyers and the State Bar. As far as the propriety of serving them at the State House, the public has the right to know what is going on. To conclude the act, the served should emulate Arrington when he was had to testify. lets leave the issue of state vs federal law with the real lawyers and the State Bar. As far as the propriety of serving them at the State House, the public has the right to know what is going on. To conclude the act, the served should emulate Arrington when he was had to testify.

]]> by: Danny http://www.politicalparlor.net/wp/2008/03/11/questions-about-subpoenas/#comment-20057 Tue, 11 Mar 2008 18:53:54 +0000 http://www.politicalparlor.net/wp/2008/03/11/questions-about-subpoenas/#comment-20057 I understand that federal law supercedes state law where there is a conflict, but I don't understand how this particular state law conflicts with federal law. Trying to get better understanding, I asked a couple of lawyers about it, "Do you know if it is true that federal agents don't have to follow state law about where subpoenas may be served?" One said, <blockquote>That is not true... She [Alice Martin] could have served them at their house, at their job, at their church, anywhere but coming to and from attending the session and while they were in the session, but because she wanted some publicity she violated state law.</blockquote> Another said, <blockquote>I will say that I have spoken with a few people about this and no one has suggested that Alice does not have to follow state law in this matter. While it is true that the federal courts do not have to follow state procedural law in prosecuting cases, I don't believe that a federal official can ignore state criminal law in this way.</blockquote> I understand that federal law supercedes state law where there is a conflict, but I don’t understand how this particular state law conflicts with federal law.

Trying to get better understanding, I asked a couple of lawyers about it, “Do you know if it is true that federal agents don’t have to follow state law about where subpoenas may be served?”

One said,

That is not true… She [Alice Martin] could have served them at their house, at their job, at their church, anywhere but coming to and from attending the session and while they were in the session, but because she wanted some publicity she violated state law.

Another said,

I will say that I have spoken with a few people about this and no one has suggested that Alice does not have to follow state law in this matter. While it is true that the federal courts do not have to follow state procedural law in prosecuting cases, I don’t believe that a federal official can ignore state criminal law in this way.

]]> by: Misguided One http://www.politicalparlor.net/wp/2008/03/11/questions-about-subpoenas/#comment-20049 Tue, 11 Mar 2008 16:25:29 +0000 http://www.politicalparlor.net/wp/2008/03/11/questions-about-subpoenas/#comment-20049 It is surprising that she would not be censored by the State Bar Association for this. Or do lawyers not police their own anymore? It is surprising that she would not be censored by the State Bar Association for this. Or do lawyers not police their own anymore?

]]> by: walt moffett http://www.politicalparlor.net/wp/2008/03/11/questions-about-subpoenas/#comment-20047 Tue, 11 Mar 2008 16:07:04 +0000 http://www.politicalparlor.net/wp/2008/03/11/questions-about-subpoenas/#comment-20047 Supeonas are useful because the witness has to show and talk. A voluntary witness does not. As Dan points out, the Constitution says Federal law supercedes State Law, as affirmed in that Virginia court house in 1865. The US Attorney Manual is on line and easily findable thru a web search. Supeonas are useful because the witness has to show and talk. A voluntary witness does not.

As Dan points out, the Constitution says Federal law supercedes State Law, as affirmed in that Virginia court house in 1865.

The US Attorney Manual is on line and easily findable thru a web search.

]]> by: Dan http://www.politicalparlor.net/wp/2008/03/11/questions-about-subpoenas/#comment-20043 Tue, 11 Mar 2008 15:42:11 +0000 http://www.politicalparlor.net/wp/2008/03/11/questions-about-subpoenas/#comment-20043 The feds don't have to respect Alabama law. The feds don’t have to respect Alabama law.

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