Capitol Riot case: US Justice Department issues subpoenas against Donald Trump

The US Justice Department issued nearly 40 subpoenas to former American President Donald Trump's associates last week as part of a criminal investigation into Trump's efforts to undermine the 2020 presidential election and his supporters' coup on the US Capitol.

As per reports, investigators are investigating Trump's plans to create fraudulent voters to prevent former Joe Biden's presidential victory and post-election fundraising campaigns. On September 12, The New York Times reported that federal agents seized the phones of at least two of Trump's top advisers: Boris Epshteyn, Trump's in-house counsel, and Mike Roman, Trump's campaign strategist.

In August, the FBI raided Trump's home as part of a separate criminal investigation into his handling of classified documents, which he took to his Mar-a-Lago estate after he became president.


Since a subpoena is a court-ordered demand, failure to comply can result in civil or criminal contempt of court charges. If an individual fails to produce documents or evidence requested or fails to comply with the terms of a subpoena, they are in civil contempt of court. On the other hand, criminal contempt is typically used to punish disorderly behavior in court, but it can also occur when documents are not turned over.



The punishment may consist of a fine, imprisonment, or both. Most of the time, the court decides whether withholding documents is appropriate. Typically, in such cases, the party that initiated the contempt proceedings receives an order to produce the document and attorney's fees.

In certain situations, a subpoenaed person can potentially legally deny providing testimony or documents. In the US, the Fifth Amendment right against self-incrimination means a person cannot be forced to testify against their will.

FAQ

1. What is a subpoena?
   An official writ is known as a subpoena, and is issued by a government institution, usually a court, requesting that someone appear in court or submit documents.
2. How many types of subpoenas are there?
   There are two types of subpoenas. The first person subpoenaed must testify before the legal authorities. Second, a subpoena instructs a person to produce documents, letters, and data or other evidence stored on a device before the court.