In Re Grand Jury Subpoena Duces Tecum Dated October 29, 1992. United States of America v. John Doe
Court of Appeals for the Second Circuit
1Opinion of the Court
LUMBARD, Circuit Judge:
The government appeals from an order entered on January 7, 1993 in the Southern District of New York, Pollack, J., denying its motion to compel John Doe to comply with a grand jury subpoena duces tecum dated October 29, 1992. The subpoena commanded Doe to produce “[t]he original version of any diary or calendar for the year 1988, a copy of which has been produced to the SEC.” On appeal, the government argues that the court erred in denying its motion to compel because: (1) the Fifth Amendment does not protect the contents of voluntarily prepared, non-business documents…
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