Here is the opinion in the sealed case In re Grand Jury Proceedings:
An excerpt:
A venerable legal Latinism, lex non cogit ad impossibilia, teaches that the law does not compel the impossible. Guided by that august adage, we hold that a subpoena duces tecum compelling the production of documents to a now-defunct grand jury cannot be enforced by civil contempt sanctions before a successor grand jury, and we accordingly vacate the district court’s order holding the appellant in civil contempt. We reject, however, the appellant’s additional contentions that tribal sovereign immunity shielded it from subpoena and that the subpoena was unreasonably broad in scope.
A cautionary note about raising tribal immunity from a federal subpoena:
For the foregoing reasons, we conclude that the subpoena duces tecum was unenforceable after the expiration of the issuing grand jury. We therefore vacate the district court’s order holding NITHPO in civil contempt. In the event a subpoena similar in scope is subsequently issued and NITHPO again challenges its validity, our holdings on tribal sovereign immunity and reasonableness of the subpoena shall apply to any such proceeding.
Turtle Talk 