The state in turn has filed a motion to quash the subpoena, arguing that Bear's request for documents pertaining to a list of 29 individuals and 14 state agencies and organizations is overly broad.
In the motion to quash, which will be heard next week before U.S. District Judge Bruce Jenkins, Assistant Utah Attorney General Fred Nelson contends subpoenas may not be used as part of a "fishing expedition" for evidence.
Bear, through his Denver attorney Joseph Thibodeau, has asked for records that include notes, logs, journals, calendars, diaries, memorandums, faxes, e-mail, correspondence, audio-visual material, financial data, agreements, contracts, and contacts from the agencies, organizations and individuals that would cover all 11 years Leavitt served as governor.
The subpoena was issued to Leavitt, who does not have the state records in his possession, Nelson argues. Rather, the records are held in the state archives.
Leavitt left office when President Bush appointed him Environmental Protection Agency administrator in November 2003. He now serves as secretary of the federal Health and Human Services Department.
In December 2003, Bear, 48, was indicted on three counts of embezzling $160,952 from tribal programs and three counts of tax fraud. Prosecutors allege Bear reported being unemployed on his personal tax filings but was paid more than $192,316 for tribal business.
Bear has been involved in tribal power struggles since striking a deal with a nuclear utility consortium to build a high-level radioactive waste storage facility on Goshute land. He repeatedly has denied any wrongdoing.
The state of Utah opposes the multibillion dollar Private Fuel Storage proposal. The state's Department of Environmental Quality this year received a $2 million budget allocation to assist with its legal battle against the plan. Some of that money is earmarked for legal fees for the dissident Goshutes.
The state also has petitioned the U.S. Supreme Court to intervene in the dispute with the sovereign Goshute Nation.
The indictments were a joint effort by the FBI and investigative arms of the Internal Revenue Service and the Interior Department Inspector General's Office. Prosecutors have said they began the case in the spring of 2001, around the time the state's attorneys began documenting allegations of wrongdoing by the Bear administration.
The federal Atomic Safety Licensing Board in February gave preliminary approval to the PFS license application.
