Robert Anello, left, and Richard F. Albert, right, with Morvillo Abramowitz Grand Iason & Anello. Courtesy photosFifty Years After Nixon, Progress on Amending Rule 17(c)
The authors write "Commentators long have pointed to the unfairness of applying the strict test used to assess a prosecutor’s subpoena to a sitting president in United States v. Nixon, 418 U.S. 683 (1974), to run of the mill subpoenas criminal defendants utilize to seek documentary material from third parties pursuant to Fed. R. Crim. P. 17(c). See Robert J. Anello & Richard F. Albert, Escaping ‘Nixon’s’ Legacy: the Proper Standard for Rule 17(c) Subpoenas, N.Y.L.J. (April 2, 2013). Triggered by a 2022 request from the New York City Bar Association, a subcommittee of the Advisory Committee on Criminal Rules, the official body charged with addressing proposed federal rule changes, has undertaken a comprehensive review of Rule 17."
December 11, 2024 at 10:00 AM
12 minute read
Commentators long have pointed to the unfairness of applying the strict test used to assess a prosecutor’s subpoena to a sitting president in United States v. Nixon, 418 U.S. 683 (1974), to run of the mill subpoenas criminal defendants utilize to seek documentary material from third parties pursuant to Fed. R. Crim. P. 17(c). See Robert J. Anello & Richard F. Albert, Escaping ‘Nixon’s’ Legacy: the Proper Standard for Rule 17(c) Subpoenas, N.Y.L.J. (April 2, 2013). Triggered by a 2022 request from the New York City Bar Association, a subcommittee of the Advisory Committee on criminal rules, the official body charged with addressing proposed federal rule changes, has undertaken a comprehensive review of Rule 17.
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