United States v. Burr case brief

United States v. Burr case brief summary
25 Fed.Cas 30 (1807)

CASE SYNOPSIS

Defendant motioned through subpoena duces tecum before United States Circuit Court for District of Virginia to obtain military orders and original letters between General Wilkinson and the United States president; the prosecution argued that the president should not be compelled and presented objections to motion.

CASE FACTS
Defendant facing federal charges motioned for a subpoena duces tecum for original presidential letters. The prosecution argued that the motion was improper until after the grand jury returned defendant's indictment, that the president was not required to comply with a subpoena duces tecum, that the documents sought were immaterial and protected as they concerned national safety, and that if required, copies rather than originals would suffice.

DISCUSSION

• The court held that defendant's rights to subpoenas began upon accusation and that defendant did not have to wait until indictment. 
• Further, the court held that the U.S. Constitutional Amendment VIII protection provided that defendant could both subpoena and subpoena duces tecum the president, that original copies of the letters were required, and that defendant could subpoena material relating to opposing witnesses. 
• Finally, the court held that the issue of protecting national security was to be determined after, not prior to, the issuance of the subpoena.

CONCLUSION

The court held that the subpoena should issue.

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