Act IV: Gag Me with a Subpoena

In December of 2012 Outer Boundary Magazine was suddenly served an administrative subpoena from Assistant Dodge County Attorney Gary ReMine demanding the magazine hand over confidential information and documents to Investigator Scott Rose. 

This demand included taking pictures of privately owned property located within the home of publisher Steve Krueger. The subpoena referred to Minnesota State Statute 388.23 as the authority for such a request which promptly triggered Outer Boundary Magazine and attorneys to examine the stated statute. What became immediately apparent was Mr. ReMine issued an administrative subpoena that violated every paragraph and sub-paragraph of Minnesota Statute 388.23 thus was illegally administered. Statute 388.23 is surgically specific as to who can be subpoenaed by the county attorney and what they may ask for…Mr. ReMine was well outside of the legal boundaries of what the law allows and publisher Krueger concluded the legal paper was drawn up as an intimidation tool used against Outer Boundary Magazine. 

A Minnesota Administrative Subpoena can only be issued by a county attorney’s office and served to electronic communication companies, water utilities, gas companies, electric companies, chemical suppliers, hotels and motels, pawn shops, airlines, bus and taxi companies, financial institutions, freight companies, warehousing companies and self storage, and package delivery companies. The subpoenas are nor allowed to be used on news, print, newspapers, magazines and most other forms of business including manufacturers, retail, product suppliers, restaurants, etc. What makes the incident more frightening is investigator Scott Rose admits in his final report to gathering information from other businesses not covered under the law by using other subpoenas presumably issued by County Attorney Gary ReMine. 

Statute 388.23 also emphasizes that an Administrative Subpoena absolutely cannot be used on private individuals or their dwellings. Regardless of the law, ReMine issued Rose’s demand on publisher Steve Krueger along with his wife and the contents of their dwelling. Scott Rose proceeded to attempt enforcing the subpoena even after Rose, ReMine and the Dodge County Board were informed via certified mail their actions were in direct violation of Minnesota state law. Outer Boundary Magazine contacted Minnesota’s Office of the Attorney General to receive clarification to state statute 388.23 governing the issuance of administrative subpoenas and the circumstances, entities and documents that can be requested by the county attorney. The attorney general did confirm a county attorney is very restricted as to whom they may issue a subpoena to and as to the documents requested: 

“You correctly pointed out that Minnesota Statutes section 388.23 limits the types of business records that may be produced pursuant to an administrative subpoena. The statute also limits the types of business entities that are subject to administrative subpoenas.” - Laura Flanders (Office of the MN Attorney General) 

Outer Boundary Magazine, and publisher Steve Krueger, refused to comply with ReMine’s and Rose’s demands since they clearly violated state law. ReMine and Rose never addressed the questionable nature of the subpoena, but Scott Rose did threaten Outer Boundary Magazine and publisher Steve Krueger with criminal prosecution if anyone involved with the target was informed of the existence of the subpoena. One cannot help but wonder how many instances of subpoenas that violate Minnesota statutes have preceded this one, and how many court cases have been decided on evidence gathered through this same action. It is frightening to see any law enforcement and judicial personnel break and ignore laws in order to trap the population and prosecute individuals under the same laws. 

Scott Rose’s agenda became even more menacing in further communications when he admitted looking into the business structure of Outer Boundary Magazine in Wisconsin (which was not authorized) and made derogatory and inflammatory comments even though the publication is a legal entity operating lawfully under Wisconsin statutes. Rose felt there was a credibility issue the magazine had for following and obeying Wisconsin state statutes. Rose further warned it would not be in the best interest of Outer Boundary Magazine contact him with any further information or questions.