US Supreme Court Decisions in Presidential Subpoena Cases: Implications for Private Parties

The Court’s recent rulings on state grand jury and congressional subpoenas identify important limitations on the purpose and scope of these investigative tools.

Key Points:

..In July 2020, the Court held that the President is not absolutely immune from a state grand jury subpoena, nor is a state subpoena for non-official papers of the President subject to a heightened standard.

..In a separate decision, the Court also held that congressional subpoenas for private information of the President must be subject to an analysis that appropriately accounts for separation of powers concerns.

..Although the decisions primarily concern constitutional issues involving the President, they also have direct implications for companies and individuals on the receiving end of state grand jury and congressional subpoenas. The cases reaffirm that subpoenas are searching investigative tools, but also identify a number of limitations on them. Notably, the Court suggested for the first time that recipients of congressional subpoenas retain common law and constitutional privileges that protect against the production of privileged materials.

Please see full Alert below for more information.

LOADING PDF: If there are any problems, click here to download the file.

DISCLAIMER: Because of the generality of this update, the information provided herein may not be applicable in all situations and should not be acted upon without specific legal advice based on particular situations.

© Latham & Watkins LLP | Attorney Advertising

Written by:

Latham & Watkins LLP

Latham & Watkins LLP on:

Reporters on Deadline

"My best business intelligence, in one easy email…"

Your first step to building a free, personalized, morning email brief covering pertinent authors and topics on JD Supra:
*By using the service, you signify your acceptance of JD Supra's Privacy Policy.
Custom Email Digest
- hide
- hide

This website uses cookies to improve user experience, track anonymous site usage, store authorization tokens and permit sharing on social media networks. By continuing to browse this website you accept the use of cookies. Click here to read more about how we use cookies.