Opinion
Case No. CR05-270L.
February 15, 2006
ORDER DENYING DEFENDANT SESS MERKE'S APPLICATION FOR RULE 17(c) SUBPOENA DUCES TECUM
This matter comes before the Court on "Defendant Sess Merke's Application for Rule 17(c) Subpoena Duces Tecum" (Dkt. # 58). The Court finds that Merke's application for subpoena is not adequately supported by the arguments contained therein. Merke relies exclusively on United States v. Nixon, 418 U.S. 683 (1974). Nixon involved a special prosecutor's efforts to overcome the assertion of executive privilege by the defendant and sitting president, Richard M. Nixon. These facts are unique and bear no relation to the circumstances in the instant action. For this reason, IT IS HEREBY ORDERED that defendant's application is DENIED.