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In Re: Production of Court Records and Documents [CONCURRING AND DISSENTING OPINION, SERENO, J.]

IN RE: PRODUCTION OF COURT RECORDS AND DOCUMENTS AND THE ATTENDANCE OF COURT OFFICIALS AND EMPLOYEES AS WITNESSES UNDER THE SUBPOENAS OF FEBRUARY 10, 2012 AND THE VARIOUS LETTERS FOR THE IMPEACHMENT PROSECUTION PANEL DATED JANUARY 19 AND 25, 2012.

RESOLUTION February 14, 2012 | 2012-02-14

CONCURRING AND DISSENTING OPINION


SERENO, J.:


It is inevitable that every Member of this Court concurs with the general proposition of the Resolution that judicial privilege can be invoked to: (a) deny access to specific portions of the Court's records to the Members of the House Prosecution Panel and the Senate Impeachment Court, and (b) to prevent the oral disclosure of specific matters by the Justices or officials of the Supreme Court before the Senate Impeachment Court. However, judicial privilege cannot be invoked to impose a general or absolute gag order on Members and officials of the Judiciary. Neither can it deny the Senate...