In Re Grand Jury Proceedings

MEMORANDUM

GILES, District Judge.

Petitioner received a grand-jury subpoena to produce handwriting samples. He now asks that I reconsider an order enforcing the subpoena. Because his objections are meritorious, the order will be stayed.

Petitioner argues that he need not answer the subpoena because the government has failed to comply with 18 U.S.C. § 3504(a)(1). 1 Under that section, when a grand-jury witness claims that evidence was obtained through an act of unlawful surveillance, the government must “affirm or deny the occurrence of the alleged unlawful act.” 2 An insufficient denial entitles…