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Question
The Securities and Exchange Commission (SEC) is investigating Bob DeSlob for possible violations of federal securities laws. If the violations occurred, DeSlob could be subjected to adverse civil consequences. As part of this investigation, the SEC has issued a subpoena duces tecum calling for DeSlob to produce copies of his federal income tax returns for the years 2000 through 2002. Assume that the investigation is of the sort authorized by law and is being conducted for a proper purpose. Also assume that it is plausible for the SEC to believe that the tax return copies could contain information relevant to the investigation. DeSlob wishes to have the subpoena duces tecum quashed (i.e., invalidated by court order). What would be the strongest argument for DeSlob to make to the court?
Answer
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