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Administrative Law Keyed to Schwartz
United States v. Hubbell
Citation:
530 U.S. 27, 120 S.Ct. 2037, 147 L.Ed.2d 24 (2000)Facts
Webster Hubbell was prosecuted and pled guilty to charges of mail fraud and tax evasion arising from his billing practices as a member of an Arkansas law firm. As part of his plea agreement, he promised to provide “full, complete, accurate, and truthful information” about matters relating to the Whitewater investigation. While serving his 21-month prison sentence, the Independent Counsel served Hubbell with a subpoena duces tecum demanding production of 11 broad categories of documents before a grand jury. When Hubbell appeared, he invoked his Fifth Amendment privilege against self-incrimination. The prosecutor then produced a previously obtained court order directing Hubbell to respond and granting him immunity “to the extent allowed by law.” Hubbell subsequently produced 13,120 pages of documents and testified that these constituted all responsive documents in his possession. The Independent Counsel used the contents of these documents to bring a new 10-count indictment against Hubbell for various tax-related crimes and mail and wire fraud. The District Court dismissed the indictment, finding that all evidence derived directly or indirectly from the testimonial aspects of Hubbell’s immunized act of production. The Court of Appeals vacated and remanded, instructing the District Court to determine the extent of the government’s independent knowledge of Hubbell’s financial affairs before the subpoena was issued.
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