"On March 17, 2010, the magistrate judge presiding over the criminal case pending against the alleged hacker, David Kernell, issued a detailed and thorough ruling denying Mr. Kernell’s request for broad subpoena requests to rummage through Sarah Palin’s email account. The judge, U.S. District Judge C. Clifford Shirley, Jr. denied David C. Kernell’s motion to subpoena all of Governor Palin’s emails. Instead, the judge looked closely at the governments allegation against David Kernell, and Kernell’s defenses, and determined that the subpoenas the defense lawyer proposed sought, with one exception, completely irrelevant information to any issue pending in the case. Mr. Kernell was indicted for unauthorized access and identity theft allegedly committed on September 16, 2008. (March 17, 2010 Court Order, p. 2)."
Here's the Court's Order.