Should the collective Equity Rule exist any longer when the effect is to prevent the corporation and other artificial entities from asserting the privilege for the contents of its subpoenaed records on the ground that the privilege may not be applied on the theory that production will not incriminate the person producing the records personally? See Braswell v. United States, 487, U.S. 99, 102 (1988); In re Grand Jury 959 F.2d at 1163. Is it fair and just that there be no refuge for corporate records or those of an artificial entity?
The government is able to secure the testimony of an otherwise recalcitrant person pursuant to 18 USC 6001-6005, but there is no comparable mechanism for the defendant to secure the testimony of a witness who has information, but refuses to furnish it to the defense. Is this fair and just?