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Understanding Federal Subpoena Power of Inspector Generals
Understanding Federal Subpoena Power of Inspectors General
Inspectors general play a super important role in watching over federal agencies and finding waste, fraud, and abuse. One of the most powerful tools they have is the investigative subpoena. This article will help explain federal subpoena power and how inspectors general use it.
What is a Subpoena?
A subpoena is a legal order for someone to provide information, documents, or testimony. There are two main types of subpoenas:
- Document subpoenas – these order a person or organization to provide documents or records
- Testimonial subpoenas – these order a person to testify or be questioned
If the subpoena is ignored, the agency can take the person to court to enforce it. So subpoenas are a big deal!
Subpoena Power of Federal Agencies
Congress gives subpoena power to many executive branch agencies and entities. The scope and use of subpoenas is set by law. The Department of Justice says there are over 300 statutory provisions granting subpoena power to executive agencies.
The Inspector General Act of 1978 is the most important law for subpoena power. It lets inspectors general subpoena documents and testimony related to their audits and investigations. More on that next!
Inspector General Subpoena Power
The Inspector General Act gives broad subpoena power to inspectors general (IGs). They can subpoena documents and testimony from outside their agency. For example, an IG could subpoena:
- A contractor who does business with their agency
- A private citizen involved in an agency program
- A state or local government agency that gets agency funds
But there are limits. IGs cannot subpoena documents or testimony from:
- Their own federal agency
- Current federal employees
So IGs have broad power to subpoena outsiders, but not insiders. Congress set it up this way to balance oversight with agency efficiency.
Standards for Issuing IG Subpoenas
IGs can’t just subpoena whoever they want. The Council of the Inspectors General on Integrity and Efficiency set standards IGs should follow:
- Subpoenas should only be used if necessary for the investigation
- Narrowly tailor the scope of documents and testimony
- Try negotiating before issuing a subpoena
- Allow reasonable time to comply
So IGs can’t go on a “fishing expedition” with subpoenas. They need to be targeted and justified.
Refusing an IG Subpoena
It’s risky to ignore an IG subpoena. IGs will often negotiate first, but they can take you to federal court if you disobey. Fines can be up to $5,000 for each day of refusal. You could also get jail time.
But there are legal ways to challenge a subpoena. For example, you can file a motion to quash the subpoena if it’s overbroad or issued for an improper purpose. An attorney can advise you on strategies to limit or defeat an IG subpoena.
Pros and Cons of IG Subpoena Power
Expanding IG subpoena power has pros and cons:
Pros
- Helps IGs fully investigate waste, fraud, and abuse
- Makes it harder for agencies to stonewall investigations
- Strengthens IG independence
Cons
- Risks overuse and abuse of subpoenas
- Can distract agencies from their core mission
- Raises privacy and civil liberties concerns
There are good arguments on both sides. Congress has to balance effective oversight with responsible limits.
Some watchdog groups argue that all IGs should be able to subpoena federal employees too. They say it would improve oversight and independence.
But agencies worry about disruption and lack of cooperation if IGs can subpoena employees. There are pros and cons to weigh.
Ultimately, Congress has to decide whether expanding subpoena power would do more good or harm. They need to strike the right balance for effective governance.
Conclusion
IGs have broad subpoena power over outsiders, but limited power over insiders. This helps facilitate oversight while avoiding agency paralysis. Standards exist to prevent subpoena abuse. Expansion proposals require weighing pros and cons. Understanding the nuances can help inform the debate over IG authority.