SW Legal Educational Publishing

Government Agencies Are Not "Persons" for Foreign Legal Proceedings Documentary Requests
Description Federal court squashed a subpoena demanding that the CIA produce documents that related to the French government investigation of the car crash that killed Princess Diana and Dodi Fayed. Under federal law, only "persons" must respond to such requests for documents, which does not include government agencies.
Topic International Law
Key Words Sovereign Immunity; Jurisdiction
C A S E   S U M M A R Y
Facts Mohamel Al Fayed, the father of Dodi Fayed who was killed in a car accident with Princess Diana, contends that their death was a plot of the U.S. government. He filed a motion to compel the CIA to comply with a subpoena for documents related to the car crash that he contends would prove the plot to the French authorities investigating the accident. The CIA refused to comply with his subpoena for documents and moved to quash the subpoena.
Decision Subpoena quashed. The subpoena is squashed because the law gives federal courts jurisdiction over persons over documentary disputes relevant to foreign tribunals. A person does not include the sovereign, which includes federal agencies, so the court has no jurisdiction to force compliance with the subpoena.
Citation In re Application of Mohamed Al Fayed, 92 F.Supp.2d 137 (D.D.C., 2000)

Back to International Law Listings

©1997-2001  South-Western, a division of Cengage Learning, Inc. Cengage Learning is a trademark used herein under license.