[20050415]RS22122_刑事和情报调查中的行政传票和国家安全信函：草图.pdf

Congressional Research Service The Library of CongressCRS Report for CongressReceived through the CRS WebOrder Code RS22122April 15, 2005Administrative Subpoenas and NationalSecurity Letters in Criminal and IntelligenceInvestigations: A SketchCharles DoyleSenior SpecialistAmerican Law DivisionSummaryAdministrative subpoena authority, including closely related national security letterauthority, is the power vested in various administrative agencies to compel testimonyor the production of documents or both in aid of the agencies performance of theirduties. Both the President and Members of Congress have called for statutoryadjustments relating to the use of administrative subpoenas and national security lettersin criminal and foreign intelligence investigations. One lower federal court has foundthe sweeping gag orders and lack of judicial review that mark one of the nationalsecurity letter practices constitutionally defective. Proponents of expanded useemphasize the effectiveness of administrative subpoenas as an investigative tool andquestion the logic of its availability in drug and health care fraud cases but not interrorism cases. Critics suggest that it is little more than a con