@ GaryO: The Legislature already has the authority to issue subpoenas - and,
currently, when they do, the entity against whom the subpoena is issued has the
opportunity to challenge it in court (including by not showing up and forcing
the Legislature to seek court enforcement). HB414 would have made
it so that if the Legislature subpoenaed you, you would have to go the
Legislature and tell them why they should not be subpoenaing you and convince
them they are wrong - for which they would require the information for which
they are subpoenaing you - and, if you don't show up, or don't answer
their questions, you have committed a class A misdemeanor for which you can get
1 year in jail or a $2,500 fine or both.It pretty much violates the
5th Amendment.It is the fox guarding the hen house because the hen
(the subpoenaed entity) has to ask the fox (the issuer of the subpoena) to not
eat them (enforce the subpoena).
@VST, the governor said he thought HB414 was "a bit of an overreaction".
What did he think a proper reaction was?In any case, Herbert's
place in history is assured. Everyone will remember him as the man who pushed
for millions of dollars to be spent in a futile defense of Kitchen v. Herbert.
So much for the democrat's theory that there is no diversity of thought in
Can anybody explain to me how giving the legislature the power to issue
subpoenas is in any equivalent to "the fox guarding the henhouse?"Maybe what this Republican governor is really saying is that no one
should investigate a corrupt Utah Attorney General if the corrupt Utah Attorney
General is a Republican.
At least someone has some common sense.