What is the rule for subpoenaing a sitting US Senator?

Question

Specifically, Andrew "Don't tase me bro" Meyer is looking at a third degree resisting arrest with violence felony and he is apparently looking forward to subpoening Kerry (Giving him even more fame I guess) Consider -- John Kerry is one of many witnesses there along with much film evidence, can Meyer subpoena John Kerry and where are the rules governing how to call a federal official as a witness. I have looked and the Federal Law and the State Law Statutes but I need a specific citation

Answer 1

"Williamson v. United States, 207 U.S. 425, 446 (1908). [n10] Nor does freedom from arrest confer immunity on a Member from service of process as a defendant in civil matters, Long v. Ansell, supra, at [p615] 82-83, or as a witness in a criminal case. " The constitution gives to every man, charged with an offence, the benefit of compulsory process, to secure the attendance of his witnesses. ***I do not know of any privilege to exempt members of congress from the service, or the obligations, of a subpoena, in such cases.*** "
"
SUPREME COURT OF THE UNITED STATES
Gravel v. United States
CERTIORARI TO THE UNITED STATES COURT OF APPEALS FOR THE FIRST CIRCUIT
http://www.law.cornell.edu/supct/html/historics/USSC_CR_0408_0606_ZO.html

Interesting:
"The Senator, as an intervenor, moved to quash the subpoena, contending that it would violate the Speech or Debate Clause to compel the aide to testify. The District Court denied the motion, but limited the questioning of the aide. The Court of Appeals affirmed the denial, but modified the protective order, ruling that congressional aides and other persons may not be questioned regarding legislative acts, and that, though the private publication was not constitutionally protected, a common law privilege similar to the privilege of protecting executive officials from liability for libel, see Barr v. Matteo, 360 U.S. 564, barred questioning the aide concerning such publication.
Held:
1. The Speech or Debate Clause applies not only to a Member of Congress but also to his aide, insofar as the aide's conduct would be a protected legislative act if performed by the Member himself. Kilbourn v. Thompson, 103 U.S. 168; Dombrowski v. Eastland, 387 U.S. 82; and Powell v. McCormack, 395 U.S. 486, distinguished. Pp. 613-622."
Syllabus
http://www.law.cornell.edu/supct/html/historics/USSC_CR_0408_0606_ZS.html

Answer 2

Generally speaking, a federal employee (whether the President of the United States or your local postmaster) may be subpoenaed in his individual capacity just like any other person. If they were being subpoenaed in their official capacity, there are many statutory and constitutional privileges that apply to certain agencies (e.g. I.R.S., Social Security Administration) and certain positions (e.g. Senators, Congressional Aides, President, White House Aides).

As noted in a previous answer, a major problem in any case involving a senior federal official is that they may no longer be anywhere near the place where the incident occurred. As such, it would take an out-of-state subpoena. Practicing in a county near a state border, I can tell you that getting someone subpoenaed who resides merely three counties over in the next state is a royal pain. The process is anything but simple.
The big problem is that, for an out-of-state witness, you need to prove that your need for the witness outweighs the inconvenience to the witness and the decision on that issue is made by a judge where the witness is found, not by the judge in your case.

Answer 3

Off the top of my head, I don't think that Kerry's status as a Senator has anything to do with it. He is a witness, just as any other witness.

What is the pain in the butt is subpoenaing an out of state witness. You have to get the judge in your case to sign the subpoena, which is no problem. But then you have to get a judge in the jurisdiction where the witness can be found to also issue or recognize the subpoena and then you have to get it served on the party in the foreign jurisdiction. It is a pain in the butt and it takes a lot of extra money to get the work done in the foreign jurisdiction.

Answer 4

The fact that he is a senator would have nothing to do with it. He can be subpoenaed just like anyone else.