Has Fitzgerald subpoenaed any Secret Service types? Can he?

[Don Claybrook]

I'm wondering how much of a precedent was set with Starr/Clinton/Whitewater. I recall that the Secret Service had to testify (or was it a deposition)...either way, Clinton lost that one.

Can Fitzgerald use that precedent to talk to the Secret Service personnel who work at the White House? Could he do this in a general, vague, "what have you heard at the White House" sort of way, or is the bar set higher?

If this avenue is available to Fitzgerald, how likely do you think it is that he would puruse it?

When will we run up against the first claim of Executive Privilege?

I ask these questions because:
1. I'm not an attorney and therefore don't know the answers, and,
2. It stands to reason that Bush's protection has heard lots of dirt over the years, and it would be nice if their recollections could be used against this administration.

Thanks.

[ewagner]

1. If I recall

the courts ruled that the Secret Service can be called as witnesses and that executive privilege didn't apply.

[bryant69]

2. Well

It would kind of depend on what grounds - would he be allowed to call them as part of a "fishing expedition?" I get the impression Fitzgerald wouldn't do that; and it is certainly a very questionable practice (it was very questionable when they made Clinton's guards do it).

But if one of them was definately witness to something, he might do it then.

Bryant
Check it out --> http://politicalcomment.blogspot.com

[CanonRay]

3. Yes, they can be subpoenaed

But, he can't do it as a fishing expedition...if he had specific info that a SS agent knew something relevant to the case under investigation, he certainly issue a subpoena. If he goes fishing, the agent's lawyers, or the agency, could get move to quash the subpoena. Federal agents are not immune (I was one).

[havocmom]

5. Thank you for you insight. Interesting topic, isn't it?

Welcome to DU! Looking forward to reading more from you.

[Don Claybrook]

4. OK, thanks for the answers

It sounds like no fishing expedition would be attempted/granted. But this brings up another question, the ansewr to which I do not remember: on what grounds did Starr subpeona Clinton's Secret Service detail? Starr's whole existence seemed to be about nothing but fishing expeditions? Did Starr have probable cause, or whatever it's called, to talk to Clinton's Secret Service detail, and if so, what was it, beyond the fact that they were very near to him 24/7?

Thanks again.

[eleny]

7. I'd like to know whow as in the WH...

...when Gonzales spoke to Andy Card. I know AC could have picked up a phone to warn people about things but it would be good to know who was in the building to talk to in person.

[grytpype]

6. Excellent question.

I have been thinking of this myself.

During the anti-Clinton witchhunt, Kenny Starr got a Supreme Court ruling that Secret Service agents can be called as witnesses (i.e. there is no privilege that would block their testimony).

Starr wanted to ask them questions about blowjobs, so Fitzgerald could ask them questions about treason. I would think.

[lateo]

8. Yes he can...they did it to Bill Clinton.

So there is precedent now...lol...