United States Fourth Circuit

District court's refusal to quash a grand jury subpoena duces tecum seeking documents from a sitting Congressman's Chief of Staff is affirmed as, even if the congressional office is deemed to be a sole proprietorship, the Congressman is not entitled to bar his Chief of Staff from producing the documents to a grand jury by invoking his Fifth Amendment privilege, because as a sole proprietor, he could not assert Fifth Amendment privilege to quash a subpoena served on the Chief of Staff who had actual possession of the documents and was responsible for preparing and maintaining them.

Appellate Information

• Decided 10/14/2009
• Published 10/14/2009

Judges

• Before KING, GREGORY, and SHEDD, Circuit Judges.

Court

• United States Fourth Circuit

Counsel

• For Appellees:
  
• ARGUED:  Amy Berman Jackson, Trout Cacheris, P.L.L.C, Washington, D.C., for Appellant.  Patty Merkamp Stemler, United States Department of Justice, Criminal Division, Appellate Section, Washington, D.C., for Appellee.   ON BRIEF:  Robert P. Trout, Gloria B. Solomon, Trout Cacheris, P.L.L.C, Washington, DC, for Appellant.  Jeffrey P. Singdahlsen, United States Department Of Justice, Criminal Division, Appellate Section, Washington, D.C.;  Kenneth E. Melson, Acting United States Attorney, Mark D. Lytle, Rebeca H. Bellows, Assistant United States Attorney, Michael K. Atkinson, Assistant United States Attorney, Office of the United States Attorney, Alexandria, Virginia, for Appellee.  Geraldine R. Gennet, General Counsel, Kerry W. Kircher, Deputy General Counsel, David Plotinsky, Assistant Counsel, U.S. House of Representatives, Office of General Counsel, Washington, D.C., for Amicus Curiae.