In this episode of "Stuff You Should Know," Josh and Chuck delve into the intricacies of subpoenas, differentiating between the subpoena ad testificandum (to testify) and the subpoena duces tecum (to produce documents). They explore the legal and historical context of subpoenas, particularly focusing on congressional oversight and the challenges of enforcing subpoenas against the executive branch. The discussion covers famous cases like Eric Holder's contempt of Congress, the Watergate scandal, and landmark Supreme Court cases such as U.S. v. Nixon and Marbury v. Madison, highlighting the ongoing tension between executive privilege and due process. The hosts also touch on the potential consequences of ignoring subpoenas and the current debate surrounding the unitary executive theory, which questions the balance of power between the legislative and executive branches. The episode concludes with listener mail and a reminder to seek legal advice when served with a subpoena.
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