Government,
Constitutional Law
Jun. 28, 2019
Subpoenas: essential to effective functioning of the legislature
The constitution is silent on presidential absolute immunity. Although presidents routinely invoked the claim of executive privilege, senior advisers refusing to appear before Congress on the theory of absolute immunity is a rarity. Subpoenas are essential to the effective functioning of the legislature, and are not treated as elective invitations.
John H. Minan
Emeritus Professor of Law
University of San Diego School of Law
Professor Minan is a former attorney with the Department of Justice in Washington, D.C. and the former chairman of the San Diego Regional Water Quality Board.
Congressional oversight of the executive branch continues to dominate the news. Various committees of House of Representatives are investigating a wide range of subjects involving President Donald Trump, and have issued numerous subpoenas to appear and testify before it. The president has directed advisers and former advisers not to appear, or to appear and to refuse to provide answers.
The Department of Justice argues that the p...
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