The United States Court of Appeals for the Third Circuit has held that a state legislator has no privilege under federal or state constitutions to demand the quashing of subpoenas duces tecum issued by a federal grand jury regarding legislative documents relevant to allegedly criminal activities, but that a limited federal common law evidentiary privilege may be available to him.
In re Grand Jury Proceedings, 563 F.2d 577 (3d Cir. 1977).
Linda O. Johnston,
Constitutional Law - Legislative Privilege - Federal Common Law Evidentiary Privilege - State Legislators [Note],
Duq. L. Rev.
Available at: https://dsc.duq.edu/dlr/vol16/iss4/11