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Posted By: Jeff Lichtman

David, just to clarify: subpoenas for grand jury testimony are given to witnesses because, after all, why give a target of a grand jury a subpoena to testify in front of that grand jury when he can simply invoke the Fifth Amendment and refuse to answer questions? Subpoenas for records, documents, etc. are often given to targets of criminal investigations because only in the rarest of circumstances can the recipient of a subpoena for documents assert the Fifth Amendment and refuse to turn over materials.