Taking Touhy Too Far: Why It Is Improper for Federal Agencies To Unilaterally Convert Subpoenas into FOIA Requests.

The article discusses the impact of the U.S. Supreme Court's ruling in the case United States ex rel. Touhy v. Ragen which deals with the ability of a federal agency to enact regulations regarding its response to a subpoena as of April 2011. The U.S. Freedom of Information Act (FOIA) is examined in light of the Touhy decision. The rules regarding the serving of a subpoena are codified in Rule 45 of the Federal Rules of Civil Procedure and Rule 17 of the Federal Rules of Criminal Procedure.