"What do you think the term "criminal action" refers to?"
The terms are specific legal terms - They refer to procedings - An investigation is not an "action"
This was touched on slightly in the hearing, and Black did a little word dance around it - it's about 20 minutes in.
( Didn't we go through this before, Ken H ? )
Then where would a subpoena and proper notification apply in a criminal action?
After the State seizes records by search warrant in the investigation, do they then have to obtain a subpoena and give proper notice for the pre-trial/trial phase?
(Didn't we go through this before, Ken H?)
Yes sir, we did. That was a while ago and I couldn't remember specifics.
Besides, I get smarter over time and make better arguments as I get older:)