Michael Moore says he's been served (subpoena over Cuba)

[Newsjock]

Source: UPI

BURBANK, Calif., July 26 (UPI) -- Michael Thursday said the Bush administration has served him with a subpoena regarding his trip to Cuba during the making of his new film, "Sicko."

The Oscar-winning filmmaker, who appeared Thursday on NBC's "The Tonight Show with Jay Leno," said he was notified about the subpoena at the network's studios in Burbank, Calif.

"I haven't even told my own family yet," Moore said. "I was just informed when I was back there with Jay that the Bush administration has now issued a subpoena for me."

Read more: http://www.upi.com/NewsTrack/Entertainment/2007/07/26/michael_moore_says_hes_been_served/8497

[The_Casual_Observer]

1. He ought to simply tell them to fuck off.

[Greeby]

2. *scratches head* I thought Congress issued subpeonas

Somewhere care to enlighten this dim furriner :dunce:

[Solon]

4. Technically, the executive branch does just that, execute the law...

The Justice department is an executive department, and is given power to enforce the law. Now, according to the Constitution, the legislative branch(Congress) has the power to issue subpoenas due to the checks and balances in the laws. This is particularly true when the Executive branch ignores Congress's authority to "advise and consent". Both branches issue subpoenas, the Justice Department to summon you to a court of law, and Congress summon you in front of a Congressional committee. In both cases, the laws on perjury and contempt apply.

[Posteritatis]

5. Subpoenas are orders to appear in court, whoever issues them

They're usually issued by courts (as in this case); Congress' ability to issue them is an extension of that authority, rather than the other way around.

I think they're called "witness summons" in the UK.

[RufusTFirefly]

3. Be like Harriet, Mike!

Just ignore it!

[CTLawGuy]

41. That would be a useful strategy

if Mike controlled the person who would be responsible for prosecuting him for contempt, which he doesn't....

[Posteritatis]

6. Executive privilege! Everyone else is doing it! (nt)

[purduejake]

7. This is quite a BOLD move...

Scary when you think about it. There would be an uproar if they actually do anything to him over this, but they don't seem to be afraid. Wonder what else is brewing.

[pa28]

15. I'm waiting for a legal type to chime in on this.

I'm hoping it's not a prelude to some kind of criminal charge but I stopped being shocked a long time ago.

[Lionel Mandrake]

34. No need to charge him with a crime

Nowadays they can label him an unlawful critic and throw him in a concentration camp. The constitution is no longer on the table. Anyone who doesn't like it can suffer the same treatment.

Welcome to the new Amerikan Reich.

[dollie300]

46. It's not only BOLD but STUPID and DESPERATE

If anything will bring down the house of cards this action might. People will begin to understand what we are living under and heading toward. Now, will the ACLU, the Congress, and other freedom-loving groups emerge to educate the populace on what this really means. Cuba has not attacked us. Our policy has been to try to interfere with the Cuban government ever since Castro ousted the criminal-US-backed government there in the 50's. This will present a stark picture of the government refusing to abide by law on a grand scale, and now persecuting its own citizens for journalistic free speech that criticizes the Bushbots. This could be what we are looking for. It will shine the light on hypocrisy of our Cuban immigrant polocies as opposed to our immigration polocies toward Mexican. It will show how the Cuban immigrant thugs in FL, backed by the neocon-controlled media and some in Congress, have a grip on FL voting block because we allow them to. This could be the best thing that has happened in a long time to enlighten the sheeple.

[NYC Liberal]

8. Are they really that fucking stupid?

Oh wait, this is the Bush administration.

Well now Sicko will be in the news again, and for even longer now as long as this whole thing is going on. Thanks BUSH & CO!!

[cobalt1999]

47. that was my first thought

If you were in the Bush administration, (1) why would you give him the publicity? (2) it's bound to backfire on you. Are they really that stupid?

[Lisa]

74. wait -- this is a rhetorical question, isn't it!

In that case -- sweet fancy Moses, YES!!!

[BornagainDUer]

86. My first thought too. WTF?

[MessiahRp]

9. He should ignore it.

After all Bush has established that subpoenas are worthless and the rule of law no longer exists. He set the precedent.

Rp

[Festivito]

10. Maybe the Senate should subpoena Mike too.

Then invite Justice to interview Mike with US with Senators present. And we could subpoena and interview the Justice Department guys at the same time.

It might be fun and good for C-Span ratings, but I digress.

[ProudDad]

12. I Love the idea

:rofl:

[Barrett808]

59. Which committee would issue the subpoena?

Imagine Sicko causing a Senate investigation into the state of the US health care system.

[struggle4progress]

11. Not much useful info from the Moonie Press -- as usual. It would be good to know

if this report were accurate and whether the "subpoena" is court-related or one of the various "administrative subpoenas" (such as the so-called "national security letters") for the Bushistas have sought authority

[drm604]

14. It's accurate.

I saw MM say it on Leno.

[struggle4progress]

51. So the reporter faithfully transcribed what he saw on late nite TV. It's still not much info.

[drm604]

54. I didn't say it was much info.

Just that it was accurate in what it reported.

[struggle4progress]

89. And I didn't say it was inaccurate. We can go in silly circles like this ad nauseam

[azurnoir]

13. The Bushie's need to remember

that it can be a damned thin line between being made an example of and being made a martyr. This move only makes Bush co. look even more like the desperate fearful bullies they are.

[Rhiannon12866]

16. K&R. And I loved his response, asked if they don't have anything better to do?!

:applause:

[Adsos Letter]

17. Tell 'em your counsel has directed you not to comply...eom

[onecent]

82. Oh definitely. Love this answer. n/t

[pepperbear]

18. How about the folks who accompanied him? ....

Think their are subpoenas for them? That'll play really well, doncha think?

[go west young man]

19. I'm a bit confused. So we arrest and fine people for visiting a

communist country even though tens of thousands of Europeans go there every year. Yet we do billions of dollars worth of Walmart business with China which is also a communist country. What gives? Oh yeah I forgot, we aren't making any money off Cuba!

[OnyxCollie]

28. There is also a medical school exchange program approved by the State Dept.

Eight Americans recently graduated from the Latin American School of Medicine, with expenses covered by the Cuban government.

http://www.theworld.org/?q=node/11664&answer=true

[The Backlash Cometh]

49. Carlyle is doing business with China; Halliburton sold items to Iraq

and Iran. Did they get subpoenas?

[chknltl]

20. I think bush wants to confiscate all of Mike's possessions

...because he is obstructing the war effort. Well he did pass that Executive Order a short while ago telling folks he could do stuff like that. Soon enough we will need an Underground Railroad to smuggle progressive radio hosts off to Canada. (Vancouver BC is a really great city Randi :loveya: )

[ben_meyers]

21. Issued or served?

Does a criminal court announce when it issues a subpoena and doesn't it have to be physically served? Just asking because the story isn't clear.

[redacted]

30. Right. First thing counsel will look for is a procedural mistake at this stage.

Personally, I don't know. Do we have any criminal attorneys here at DU?

[Kingshakabobo]

31. I would imagine it would be sent to his attorney.

The feds probably know, from previous interactions on this matter, who is representing Moore. I suppose, technically, he could refuse to acknowledge the subpoena until he is physically served but that would be a waste. His attorney can probably acknowledge receipt on his behalf unless they WANT the feds to chase him down.

[Tesha]

39. I can't imagine Moore *NOT WANTING IT* on film, for use in the future.

I'll bet he requires it to be served in person.

Tesha

[Kingshakabobo]

52. Good point! n/t

[Kiouni]

22. What is the punishment for MM doing this anyway

if he gets "convicted?"

[jimlup]

26. Severe

The punishment could be quite severe. I'm pretty sure it is several years in prison. This actually works well in Moore's favor. I'm surprised that they are this naive. The tigher they put the screws, the more Moore will gain in noteriety and publicicty for his perspective.

Never mis-underestimate the Bush administration! Chomsky compares the Bush administration a wounded animal and he warns that a wounded animal often strikes out irrationally. Unfortunately for Michael, he will probably have to deal with some personal difficulties because of this ridiculus administration response.

[Kiouni]

27. couldn't he just claim asylum in canada though?

[ProudDad]

79. Check it out

it's pretty sick shit...

http://en.wikipedia.org/wiki/Helms-Burton_Act

Well, they didn't say -- but as I remember it WAS $250,000 fine and 5 years in prison when I violated it in the early 90s...

I think it's gone up since then. I know it's gotten worse since * stole the office of pResident...

You didn't really think we lived in a "free country", right?

[melody]

23. Bush's point: commoners must answer, royals are above the law

What other point can there be by serving Michael Moore with a summons while BushCo dodges every ounce
of responsibility for what they've done to destroy our nation.

(edited to fix funky grammar)

[alfredo]

24. bonehead move. Moore knows how to fight back. Every step in this

case will be filmed.

Going after a film maker is so blatant. Using the law to punish or intimidate critics is so banana republic.

[redacted]

29. Moore and the film's distributor have money for very good counsel, probably

much smarter lawyers than those assigned to go after him.

[Socal31]

37. Are you saying private attorneys are better because they make more $$$?

Doesnt that go against everything "Sicko" is trying to say about govt.-paid doctors?

[ellie]

38. While I can't answer for

redacted, he/she probably meant that many of the lawyers in the Bush administration graduated from that evangelical law school, and therefore, suck.

[City Lights]

45. Monica Goodling's alma mater - Regent University.

'Nuff said. ;-)

[Socal31]

85. LOL!

I dont even want to know what that is....do they learn "Jesus law" or something......

[knight_of_the_star]

76. Depends on their law school

I'd imagine if you're talking about people who went through Regent for their JD and Liberty for their undergrad that practitioners of faith-based law wouldn't be quite so good as someone who went to, say, Great Western or Berkeley Law.

[alfredo]

60. The court of public opinion will be just as important as what may happen

in the court room.

This is bush using his presidential power to punish a critic.

[KansDem]

80. "This is bush using his presidential power to punish a critic."

He did that with Joe Wilson, too!

[alfredo]

83. Link those two when speaking of this.

[cureautismnow]

63. Hopefully, he has better lawyers than Gore did in 2000.

Of course, it always helps to have 5 good friends decide your fate.

edit: typo

[JohnLocke]

95. Gore had excellent lawyers.

They couldn't win...

[PDJane]

25. Since the trip was for the sake of journalism,

and since they haven't changed the law permitting such a thing, I doubt very much if the Bush Bunch are going to get anything out of this except bad publicity.

What a crock.

[lvx35]

35. Interesting point.

I wonder what other journalists can be dragged into court under the precedent set by this.

[Jeff In Milwaukee]

50. Or good publicity, if you're Mike

I'm guessing this is good for another $10M at the box office.

[rocktivity]

61. You mean there was no underlying crime?

:evilgrin:
rocknation

[rocktivity]

32. Just find a tape of George Galloway's congressional testimony, Mike

and make it sound like a recital of "Mary Had A Little Lamb!"

:boring:
rocknation

[redacted]

33. Prepping now to record the NBC Tonight Show Pacific feed--for YOUTUBE

[IndianaGreen]

36. We must demand from our Democratic candidates a pledge to normalize relations with Cuba

Our Cuba policy is irrational and harmful. Time to change course! Time to abandon the failed policies of the past and move forward.

[harun]

55. It's crazy and stubborn of them not to do so (n/t)

[Mika]

57. Only Kucinich and Gravel have pledged to normalize relations with Cuba.

ALL (repuke and dems) the other candidates positions would maintain or increase the hostilities with Cuba.

[Bassic]

40. I do not doubt that Pissypants and Darth Dead Eye are going to puruse this

I don't think it's going to amount to anything more than even more bad press for them, though.

[Demeter]

42. No One Has Ever Accused the Bushies of Intelligence, Training, or Following the Law

Common sense is another noticably lacking quality.

[flamingpie2500]

43. I thought I heard Michael say in an interview that Guantanamo is considered

American soil. Could be his argument against the fact he went to Cuba?

[drm604]

70. No.

He also went to Havana. His defense is that it was a journalistic endeavor, which is allowed.

[flamingpie2500]

73. thanks and yes I heard that this morning on his letterman video

[Vinca]

44. This makes me furious. I suppose they'll go after the 9/11 workers too. nt

[dollie300]

48. Cuban policy for me will be the deciding factor between my vote for HRC or

Obama. It will show their true hearts. And if neither does right by Cuba (seek to normalize relations) I will vote for neither. PERIOD!!

[Honeycombe8]

53. I don't think the WH can issue subpoenas. Subpoenas are issued by officers of court....

Attorneys are officers of the court. So I guess if it came from the WH, it was issued by the Attorney General, one of the DOJ attorneys, or the WH Counsel?

[marions ghost]

56. "I went there on behalf of The People of the United States..."

we've got your back, Mike.

[Joanne98]

58. He should claim executive privilege!

[rocktivity]

62. He should also claim there was no underlying crime!

:headbang:
rocknation

[The Stranger]

64. Meanwhile, the criminals in the White House fucking up the world refuse to respond to subpoenas.

Can someone wake up Nancy and tell her to put impeachment back on the table?

[Dogmudgeon]

65. Michael Moore in Prison

This is the way the American Republican Conservative nightmare ends: not with a bang, but with a Bush.

If Moore is imprisoned any time soon, the Republicans can forget about ever again being a major party.

Conservatism itself will be comatose for 30-50 years.

It is not because Michael Moore is Jesus' little brother. It is because of the symbolism that his imprisonment would have. It would permanently mark in history the complete disregard for liberty that the Right has. In a world where all good tyrants want to portray themselves as noble victims, Moore will be the real deal. So many conservatives and free-enterprise philosopher/academics are on the record calling for Moore's destruction that it will be impossible to back off from. And the "Bubba, the Prison Rapist" jokes that would appear on FR and other RW sites within minutes would be indelible. The Right would lose all credibility to talk about "liberty" -- except, maybe, as the name of a magazine that was popular a hundred years ago.

On the other hand, the entire ship of Conservatism is sinking anyway, and is developing more suction going down than the Titanic. Their time is up.

It had a good run -- 150 years this summer. Communism also got about 150; Hitler only got 12.

--p!

[Flabbergasted]

69. Yep, This one will backfire big time.

[pitohui]

84. he won't go to prison

can anyone point to even one person who has gone to prison for this? it's usually a fine

[Socal31]

96. So Michael Moore being arrested...

will make all the red States drop their bibles and turn blue? I find that hard to believe...seeing as how most conservatives dont know and/or care about Michael Moore or universal healthcare.

[goforit]

66. Didn't O'Rielly make Al Franken millions of $$$$????

[sarcasmo]

67. This is going to get very interesting.

Will they make him an enemy combatant?

[Flabbergasted]

68. Yeah Michael the Martyr. This is great. nt

[bamacrat]

71. He ought to just ignore it like all the B*shies do.

If his subpoena is enforced while Miers and Gonzo, etc are forgotten the shit will hit the fan (hopefully).

[Forkboy]

72. He'll eat them up.And I'm sure he'll take the publicity too.

Sic 'em Mike!

[DinahMoeHum]

75. Heh heh, I'm sure MM's gloating over the publicity!

Just like Frank Zappa and Dee Snider in the 1980's!

:evilgrin:

[A wise Man]

77. I didn't know that the president could issue a subpoena

Where will they have the hearings, in the oval office without cameras or transcript? I hope he appears and shut them down. I don't think they really want him to appear, wherever it may be.

[lovuian]

78. its only going to give him publicity

Bring it on

[harun]

81. No publicity is bad publicity (or so they say) (n/t)

[Seabiscuit]

87. Crappy article. Who in the "Bush administration" issued the subpoena? Gonzales?

Shrub and Dick have no authority themselves to issues subpoenas.

[struggle4progress]

90. Reuters: U.S. officials may subpoena filmmaker Moore

Fri Jul 27, 2007 7:08PM EDT

By Bob Tourtellotte

LOS ANGELES (Reuters) - Federal officials may be planning to subpoena filmmaker Michael Moore seeking information about a trip he took to Cuba for his documentary, "Sicko," a source close to the situation said on Friday. ~snip~

But the source, who declined to be identified, said Moore had not actually been served with the request. Rather, the office of his attorney, David Boies, was contacted by a division of the U.S. Department of Commerce seeking the name of a person who would accept a subpoena on Moore's behalf. ~snip~

In May, the U.S. Treasury Department informed Moore it was investigating his trip to the communist state as a potential violation of Washington's long-standing embargo restricting U.S. citizens' travel to the communist nation.

Moore wrote then to U.S. Treasury Secretary Henry Paulson, "I have broken no laws, and I have nothing to hide." ~snip~

http://www.reuters.com/article/peopleNews/idUSN2725763420070727

[Seabiscuit]

91. Well, that's a little better... but...

What department would actually issue the subpoena, and what department would be questioning Moore? The Commerce Dept.? The U.S. Treasury? What about the AG's office?

The earlier UPI article got it wrong - it said Moore was "served". Moore merely said a subpoena was "issued". The article you linked merely says Moore's attorney was contacted about who might receive a subpoena on Moore's behalf.

Can you imagine a meeting where AG Gonzales tries to ask incriminating questions to Moore only to have Moore turn the tables on him pounding Gonzales about the U.S. Attorney firings, the shredding of the Constitution, the pooh-poohing of Geneva Convention restrictions on torture, Gonzo's Senate perjury, and the warrantless wiretapping of U.S. citizens - all on videotape?

[struggle4progress]

93. It's not clear to me. I want to know if Moore is being threatened with some

BS "administrative subpoena"

[Seabiscuit]

94. I don't know, but it smacks of a cheap GOP publicity stunt - to smear Moore while

he's basking in the glory of his success at the box office with "Sicko", and going on Wolf Blitzer and blasting Wolf and CNN for not doing their job hitting Bush et. al. with the hard questions before and since the Iraq invasion.

Moore's no dummy. He worked things out with his legal team and the administration before entering Cuba as a journalist, not merely a private citizen, and undoubtedly got clearance to go there. Why the administration would pull a dumb stunt like subpoenaing him (to do what?) now is beyond stupid to me. Do they just have a masochistic need to look bad every chance they get?

[Megahurtz]

88. Subpoena For What?

:shrug: Is this for a Deposition, or for a Court Hearing, and what kind, or what?

:wtf:

[SoCalDem]

92. Mike Mike Mike..Just decline the "invitation" and tell them you are recused..

and then refuse to discuss it because it's an "ongoing case"..

or change your name to Alberto Gonzalez.:)

:rofl: