Subpoenas: A Tool for Non-Disclosure, Not Disclosure—The Legal Myth That Protects Institutions
Michael Kelman Portney
When powerful institutions want to stall, mislead, or outright obstruct justice, they have a favorite phrase:
“We can’t release that information without a subpoena.”
This is a lie.
In reality, subpoenas are never required for disclosure—only for non-disclosure. If a party wants to release information voluntarily, they absolutely can. A subpoena is only needed when someone refuses to comply.
Yet, banks, corporations, and legal teams hide behind the "subpoena excuse" every day—using it as a shield to delay accountability, obstruct investigations, and create the illusion that they are legally bound to secrecy.
🔹 What a Subpoena Actually Does
A subpoena is a legal demand for information—but it does not create secrecy where none existed before.
✅ Subpoenas Compel Non-Cooperative Parties to Disclose
If a company refuses to release records, a subpoena forces them to do so.
🚫 Subpoenas Are NOT Required for Voluntary Disclosure
If a company wants to release documents, a subpoena is never necessary.
In short: A subpoena is only needed when someone is trying to keep information hidden.
So when a bank, government office, or law firm says “We need a subpoena before we can release that information”, what they really mean is:
“We don’t want to give you this information, and we’re using legal theater to justify our refusal.”
🔹 The “Subpoena Excuse” Is a Stalling Tactic
Institutions love to weaponize the subpoena process to buy time, obstruct inquiries, and frustrate people seeking the truth.
💡 Common Ways They Use This Excuse:
Banks & Financial Institutions 🏦
“We can’t release that account history without a subpoena.”
Reality: If the account owner requests their own records, the bank can release them immediately.
Why They Lie: They want to protect fraud, stall, or avoid exposing misconduct.
Law Enforcement Agencies 🚔
“We need a subpoena before releasing body cam footage.”
Reality: Most agencies can release footage voluntarily unless legally prohibited.
Why They Lie: They want to buy time to edit, review, or suppress the footage.
Corporations & Employers 🏢
“HR records require a subpoena before they can be reviewed.”
Reality: Companies can disclose employment records voluntarily.
Why They Lie: They want to protect abusive practices, wrongful terminations, or toxic workplace behavior.
Hospitals & Medical Institutions 🏥
“HIPAA prevents us from sharing that without a subpoena.”
Reality: HIPAA allows individuals to access their own records without legal intervention.
Why They Lie: They delay medical malpractice cases and stall insurance investigations.
🔹 How to Expose & Counter the “Subpoena Excuse”
Since subpoenas are only necessary when someone refuses disclosure, the best way to break the lie is to force them to admit they are choosing not to cooperate.
🔥 1. Ask Directly:
“Are you saying you are legally prohibited from releasing this information without a subpoena, or is this simply company policy?”
This forces them to differentiate between an actual legal requirement and a voluntary refusal.
🔥 2. Demand Policy Documentation:
“Can you provide the exact legal statute or policy that prevents voluntary disclosure?”
Most of the time, they won’t have one—because none exists.
🔥 3. Use the “Subpoena Is for Non-Disclosure” Argument:
“I understand that subpoenas exist to compel unwilling parties. Since you’re free to disclose this voluntarily, are you choosing not to?”
This puts them in a bind—if they say yes, they admit they’re hiding something.
🔥 4. Preempt Their Excuse in Writing:
If you know they’ll try the subpoena excuse, send a letter/email that says:
“I understand that you have the ability to disclose this information voluntarily. If you refuse to do so, please confirm in writing that you are choosing not to comply.”
Now they have to acknowledge that the delay is a choice, not a law.
🔹 The Subpoena Myth Protects the Powerful
The subpoena excuse is just another way institutions manipulate the legal system to protect themselves. It allows:
✅ Banks to hide financial crimes
✅ Corporations to delay accountability
✅ Law enforcement to stall investigations
✅ Hospitals to suppress malpractice claims
Subpoenas are not some magical barrier that prevents disclosure—they are a tool used when institutions refuse to comply.
🚨 Next time someone tells you “we need a subpoena,” what they’re really saying is: “We don’t want to give you this information, but if you legally force us, we’ll have no choice.”
🔥 Final Takeaway: Never Accept the “Subpoena Excuse” at Face Value
📌 Subpoenas exist to force non-cooperative parties to disclose information.
📌 If an institution wants to release information, they can—no subpoena required.
📌 The “we need a subpoena” excuse is almost always a delay tactic, not a legal necessity.
🔥 If they tell you to get a subpoena, make them admit they are the ones choosing secrecy. Checkmate. 🚀
