Subpoenaing Targets of the Investigation

A grand jury may properly subpoena a subject or a target of the investigation and question the target about his or her involvement in the crime under investigation.

See

United States v. Wong

, 431 U.S. 174, 179 n. 8 (1977);

United States v. Washington

, 431 U.S. 181, 190 n. 6 (1977);

United States v. Mandujano

, 425 U.S. 564, 573-75 and 584 n. 9 (1976);

United States v. Dionisio

, 410 U.S. 1, 10 n. 8 (1973). However, in the context of particular cases such a subpoena may carry the appearance of unfairness. Because the potential for misunderstanding is great, before a known "target" (as defined in

JM 9-11.151

) is subpoenaed to testify before the grand jury about his or her involvement in the crime under investigation, an effort should be made to secure the target's voluntary appearance. If a voluntary appearance cannot be obtained, the target should be subpoenaed only after the United States Attorney or the responsible Assistant Attorney General have approved the subpoena. In determining whether to approve a subpoena for a "target," careful attention will be paid to the following considerations:

The importance to the successful conduct of the grand jury's investigation of the testimony or other information sought;

Whether the substance of the testimony or other information sought could be provided by other witnesses; and

Whether the questions the prosecutor and the grand jurors intend to ask or the other information sought would be protected by a valid claim of privilege.

[cited in

JM 9-11.153

] [updated April 2018]