Due Process requires equality between the parties in criminal discovery. Wardius v. Oregon, 412 U.S. 470 (1973), is the lynchpin to a defendant’s constitutional right to access to relevant documents and data that is equal to the government’s rights to access those documents as it prepares its case for indictment. Shockingly, Wardius and its constitutional holding has not appeared in any of the litigation over a defendant’s efforts to subpoena third parties. F.R.Cr.P. 17(c).
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