In re Kelly

WEINFELD, District Judge.

Books and records of a union are under a “forthwith” grand jury subpoena duces tecum. The subpoena covers all records over a six-year period. A subpoena duces tecum, unlike a search warrant, does not serve to disturb possession of property.1 Notwithstanding, no officer of petitioner-union would be entitled to be present while the grand jury was in actual session and then considering or examining the records and documents which had been produced pursuant to the subpoena.2 It would involve an unnecessary and unwarranted waste of time were the grand jury required to sit…