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Criminal Procedure keyed to Kamisar
United States v. Hubbell
Citation:
530 U.S. 27, 120 S.Ct. 2037, 147 L.Ed.2d 24 (2000)Facts
An Independent Counsel investigated Hubbell (defendant) for possible violations of federal law relating to the Whitewater Development Corporation. In the first prosecution in 1994, Hubbell pleaded guilty to charges of mail fraud and tax evasion. In the plea agreement, Hubbell promised to provide the Independent Counsel with full, complete, accurate, and truthful information about matters relating to the Whitewater investigation.
In 1996, while Hubbell was incarcerated, the Independent Counsel served Hubbell with a subpoena to produce 11 categories of documents before a grand jury. Hubbell appeared before the grand jury and invoked his Fifth Amendment privilege against self-incrimination. The prosecutor produced an order from the District Court ordering Hubbell to respond to the subpoena and granting immunity to the extent allowed by law. Hubbell produced 12,120 pages of documents and records, the contents of which led the Independent Counsel to initiate a second prosecution in 1998 for various tax-related crimes and mail and wire fraud.
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6m 59s
