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.