It says "we are hereby transmitting a subpoena". When he says "this subpoena" in the next paragraph, he's referring to the subpoena that is being transmitted, not the actual document you're reading. The same language "this subpoena" is used in the letter to Epser, which is clearly not a subpoena since it concludes with "the enclosed subpoena".
It's totally standard to include a letter explaining what the subpoena is all about since the actual subpoena doesn't have much detail.
I've been subpoenaed.
Oh good lord. So are you telling me that his reams and reams of posting about this thing can be summed up by as him deflecting to the cover letter as opposed to the other piece of paper which is the enclosed subpoena? He could have simply said that and ended the entire topic? I do note that the other letter also had enclosures. So much wasted time.
I imagine TECSHARE really believed that Schiff decided to send a 'fake subpoena' because he knew that the whole thing was an illegal witch hunt but maybe they'd think the fake subpoena was a real subpoena.
In reality he probably could've just sent a letter saying THIS IS YOUR SUBPOENA and it would still be binding.
No, he couldn't, because a subpoena has to have specific legal information included to be actionable legally. He can request whatever he wants, in order to have an enforceable penalty (the definition of subpoena), it is a requirement certain foundational information be included, which is not. Just because they say subpoena is included doesn't mean one was. Can you provide me a copy of the ACTUAL subpoena issued before the official vote? I would love to see it, so far all I have seen were deceptively worded requests for information with no legal authority.
For the record-
This is an actual subpoena:
https://oversight.house.gov/sites/democrats.oversight.house.gov/files/documents/(70)%20Chaffetz%20Subpoena%20to%20Pagliano%2009-16-2016.pdfThis is NOT a subpoena:
https://oversight.house.gov/sites/democrats.oversight.house.gov/files/documents/2019-09-27.EEC%20Engel%20Schiff%20%20to%20Pompeo-%20State%20re%20Document%20Subpoena.pdfhere are the requirements for a subpoena to be actionable:
https://www.law.cornell.edu/rules/frcp/rule_45This is not a subpoena. See links above for why.
