Former RI Speaker Seeks to Kill Subpoena in 38 Studios Case

May 15, 2014 - GamePolitics Staff

The lawyer representing Former Rhode Island speaker of the House Gordon Fox will be in court today to fight against a subpoena in the 38 Studios case filed by the Economic Development Corp. on behalf of the state.

Back in March of this year the court issued a subpoena requesting that Fox release a cache of documents related to the 38 Studios loan including records of any communications the former Speaker had with the former Red Sox pitcher and 38 Studios founder Curt Schilling, and any documents related to his efforts to push legislation through the Rhode Island House that would secure the $75 million loan for the studio.

The state's economic development agency is suing Schilling and others over 38 Studios' collapse.

Fox's attorney cites his constitutional protections against self-incrimination and illegal search and seizure in moving to quash the subpoena.

Speaker Fox resigned in March after federal raids on his home and Statehouse office. What those raids were related to were never revealed publicly.

Source: WPRO


Comments

Re: Former RI Speaker Seeks to Kill Subpoena in 38 Studios Case

Fox's attorney cites his constitutional protections against self-incrimination and illegal search and seizure in moving to quash the subpoena.

That's not how either amendment works. Self-incrimination means you can't be forced to be put on the stand and testify against yourself. This was put in place to prevent confessions from being obtained under torture. But that's all it applies to - you can't use this right to prevent the court from gathering evidence which could be used against you.

As for search and seizure, the constitution forbids warrantless search and seizure. That is, search and seizure that isn't court-ordered for the purpose of gathering evidence with respect to a crime. To use this amendment in court to argue against a court order for this is frankly ridiculous. (It is, however, acceptable to argue against unreasonable subpoena requests, which have no relevance to the case, but it's not really a constitutional concern.)

 
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