From: Tim May <tcmay@got.net>
Date: Thu, 29 Oct 1998 03:03:10 +0800
To: cypherpunks@cyberpass.net
Subject: Re: MIB Subponeas
In-Reply-To: <3.0.3.32.19981026144314.038c6020@rboc.net>
Message-ID: <v0313030fb25d0e67bc14@[209.66.100.110]>
MIME-Version: 1.0
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At 3:57 AM -0800 10/28/98, Jon 'tex' Boone wrote:
>Tim May <tcmay@got.net> writes:
>>
>> * What about lawyer expenses? I know the line about "If you cannot
>>afford one,
>>   one will be appointed for you," but I've never understood what test of
>>   "afford" is being used. If called before a grand jury, will they pay for a
>>   lawyer? (E.g., if I decide I can't "afford" to pay some shyster to
>>interpret
>>   their legalese into ordinary English.)  (I assume there is some nonsense
>>   about indigence, but can they force someone to prove he has no money?
>>What
>>   if he money, but he needs that $5000 for school tuition more than he needs
>>   to give it to Johnny Cockroach for a day's worth of shystering?)
>
>  Tim,
>
>    It is my understanding, from my brother in law (who is a practicing
>attorney
>    in Pennsylvania) and from my sister's participation in a case in Texas
>that
>    one does not have the right to have legal counsel present at a Grand Jury
>    session.


Yes, yes, yes, I know this. (Had I not known it before, I would have after
the Monicagate matter.)

However, one is still at risk in grand jury matters, and attorneys are
usually used to advise. Also, one can leave the grand jury room to consult
with an attorney.

Too bad this is so, but nearly everyone who receives a subpoena hires an
attorney to advise on risks, consequences, etc. Anyone who gets sucked into
the Great Cypherpunks Conspiracy Trial probably ought to have competent
legal counsel.

(I received a subpoena from one of my neighbors, and it was written in
legalese that I had no way of understanding without a lawyer.  And I always
thought "Deuces take 'em" was a version of poker.)

--Tim May

Y2K: A good chance to reformat America's hard drive and empty the trash.
---------:---------:---------:---------:---------:---------:---------:----
Timothy C. May              | Crypto Anarchy: encryption, digital money,
ComSec 3DES:   831-728-0152 | anonymous networks, digital pseudonyms, zero
W.A.S.T.E.: Corralitos, CA  | knowledge, reputations, information markets,
Licensed Ontologist         | black markets, collapse of governments.