In Re Grand Jury Investigation

MEMORANDUM OPINION

ELLIS, District Judge.

At issue in this grand jury proceeding is whether a non-target witness in a grand jury proceeding or the witness’ former spouse, who is a potential target, may (i) quash the witness’ subpoena by asserting that the questions expected to be posed to the witness in the grand jury proceeding are the fruit of illegal electronic surveillance; or (ii) require the government to affirm or deny the existence of illegal electronic surveillance on the basis of mere speculation that such surveillance occurred. Also at issue is whether the non-witness ex-spouse may…