Department of Homeland Security: Your subpoena “is no longer necessary”

The Department of Homeland Security has withdrawn a subpoena that would have required me to furnish it with all documents related to the Dec. 25 TSA Security Directive published on this Web site.

The move came after I was granted an extension on the government’s request earlier today. I also signaled my intent to challenge the subpoena in federal court next week.

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My attorney, Anthony Elia, received the following confirmation from the Department of Homeland Security:

Mr. Elia:

This is to confirm our earlier telephone conversation that the TSA subpoena of December 29, 2009, issued to your client, Mr. Christopher Elliott, is being withdraw as no longer necessary.
Thank you for your assistance and have a happy and safe New Year.

John A. Drennan
Deputy Chief Counsel (Enforcement)
Office of the Chief Counsel
Transportation Security Administration
Department of Homeland Security

I also just spoke with Steve Frischling, who had also been served with a subpoena in connection with the security directive. He says he received a phone call from a deputy chief counsel for enforcement at the DHS to let him know he was off the hook and that the agency had offered to buy him a new computer. His previous computer had been damaged after Frischling consented to a search of his computer and hard drive.

Needless to say, I’m delighted by this turn of events.

TSA did the right thing by withdrawing its subpoena. Perhaps it has bigger problems to worry about?

 

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