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Lawyers For DA Say He Should Be Immune From Punishment In Fake Subpoena Lawsuit

Travis Lux
/
WWNO
Federal judges at the Fifth Circuit US Court of Appeals hear oral arguments Wednesday, Feburary 5th, in a lawsuit filed against Orleans District Attorney Leon Cannizzaro's use of fake subpoenas to compel witnesses to meet with prosecutors.

Lawyers for the Orleans Parish District Attorney Leon Cannizzaro asked federal judges Wednesday morning to dismiss a lawsuit against him over his use of fake subpoenas to compel witnesses to meet with his office.

A 2017 lawsuit filed against Cannizzaro alleged his office used fake documents that looked like court subpoenas to trick witnesses into meeting with prosecutors as they built their case.

Wednesday’s arguments were not about whether fake subpoenas were used (Cannizzaro’s office said it has ceased using them). At issue was whether Cannizzaro’s office should be legally shielded from a lawsuit concerning their use.

Cannizzaro’s legal team suggested that while using fake subpoenas may have been improper, the District Attorney’s office is legally immune the claims made by plaintiffs in the case because the illegal documents were used to help the state make its case. They pointed to Fifth Circuit rulings they believe support their argument.

The legal team for the plaintiffs — a group of residents who claim to have received fake subpoenas — argued that Cannizzaro’s office is not legally immune in this case, since, according to Louisiana law, only judges have the power to issue subpoenas.

All three federal judges appeared critical of Cannizzaro’s case, even sarcastic at times, but they did not issue a ruling. That will come at an unknown later date.

The Orleans Parish District Attorney’s use of fake subpoenas was first reported by investigative news outlet The Lens in 2017.

As Coastal Reporter, Travis Lux covers flood protection, coastal restoration, infrastructure, the energy and seafood industries, and the environment. In this role he's reported on everything from pipeline protests in the Atchafalaya swamp, to how shrimpers cope with low prices. He had a big hand in producing the series, New Orleans: Ready Or Not?, which examined how prepared New Orleans is for a future with more extreme weather. In 2017, Travis co-produced two episodes of TriPod: New Orleans at 300 examining New Orleans' historic efforts at flood protection. One episode, NOLA vs Nature: The Other Biggest Flood in New Orleans History, was recognized with awards from the Public Radio News Directors and the New Orleans Press Club. His stories often find a wider audience on national programs, too, like NPR's Morning Edition, WBUR's Here and Now, and WHYY's The Pulse.

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