Police Captain Ty Henshaw for Irwindale Police Department. California Police of Association Board Member and Adjunct Professor at Cerritos College in the Department of Criminal Justice confirmed without reasonable doubt, The Supreme Court, which is the highest authority out of three federal court systems can subpoena records.
Federal courts are courts of limited jurisdiction, meaning they can only hear cases authorized by the United States Constitution or federal statutes.
The federal district court is the starting point for any case arising under federal statutes, the Constitution, or treaties.
Henshaw said, “It has the power to whether or not issue a subpoena and a warrant to all colleges and universities within the United States, to be turn in all students and employee’s personal files to be reviewed.”
All within the right procedures for the purposed to obtained the necessary information from those people who are an illegal immigrant, to be found illegal immigrants, will be process and deported to their legal born nation. Within a proper matter of time.
Paralegal Program Director of Law Department Chair at Cerritos College, Bruce A. Greenberg, ESQ., commented, President Donald Trump can’t subpoena anything.
“The department of justice can subpoena a student file records? Absolutely,” Greenberg said.
He proceeds and said, if a student fraud the government, and got financial aid by giving false information, that would be a criminal charge and sorely the U.S. attorney office could subpoena records of the students.
“We been to that point since the late 1700s, when you committed than you could have records by subpoena by the proper agency, Trump can’t subpoena records because he is the key of the president is an executive branch of the government.
Greenberg proceed with the administration department justices and the executive branches, is their job to subpoena records if there is a criminal investigation.
He continued saying Trump could suggest to the department of justice, and it’s going to be the department of justice which can subpoena records.
The Trump can also make a suggestion to Jefferson Sessions, who is the attorney general of the United States, could conduct an investigation to seek subpoena records.
But to subpoena records Sessions needs a court order, his gonna have to go to a judge, a federal district judge, and show probable cause to subpoena the records.
Greenberg gave an example, a person is a suspected terrorist, there’s a special commission which can be issue subpoenas in order to secure records.
Greenberg said, “Why then records are being subpoena, those records could be subpoena in appropriate situations, it all depends in what the situation is.
“A judge could say, if a person is here illegally they could subpoena the records, but the problem is, under what bases, or how are those records going to help in connection with the criminal investigation,” he said.
But the ultimate decision maker would be Federal District Judge, and if someone doesn’t like the decision, the losing party have the right to take it to the Federal Court of Appeal.
He said, “It will have a tree judge panel, which it will make the decision in whether or not the subpoena should have been issued or shouldn’t have been subpoena.
“Someone doesn’t like that particular decision, then it can be taken to the United States Supreme Court,” Greenberg said.
The Supreme Court if it granted a petition for a certiorari could make a decision or what make a decision assuming the petition for a certiorari is granted as far whether or not the subpoena should be issue, professor Greenberg concluded.
Ruben Gomez, Cerritos College Instructor in Administration of Justice, Business, Humanities, and Social Science at Cerritos College said, every executive action that President Trump has tried to do has obviously gone through the check of balances within government, that’s why we have judicial review.
“With judicial review it’s always where he has been overruled, when he tried the immigration at the airports, he got overruled.
“The president Trump was having the immigrants detained at the airports, through judicial review, the judge said, ‘no you can’t do that,’ everything he has tried it’s been overruled,” Gomez said.
Instructor Gomez also said, right now the congress it’s such a mess, it’s like this administration and the previous administration had only one way for things to get done, and it was through executive action.
“The only problem is, with this administration is been overrule, and with the previous administration it gone through.
“It’s gone through constitution, it’s got judicial review where obviously the justices didn’t see there was some issue with it,” instructor Gomez stated.
He also said the previous administration and this administration are trying to pass things through the same way, meaning through executive orders, because the congress so not feat the sandbox.
