United States Supreme Court ruled on July 9, 2020, that the President of the United States is not entitled to absolute immunity from, or a heightened need exception as to, a state court subpoena.

Some notable quotes from the opinion:

"In our judicial system, “the public has a right to every man’s evidence.” Since the earliest days of the Republic, “every man” has included the President of the United States. Beginning with Jefferson and carrying on through Clinton, Presidents have uniformly testified or produced documents in [court]. * * * The President [ ] is “of the people” and subject to the law. * * * In the two centuries since the Burr trial, successive Presidents have accepted Marshall’s ruling that the Chief Executive is subject to subpoena. * * * Here we are confronted for the first time with a subpoena issued to the President by a local grand jury operating under the supervision of a state court. * * * Two hundred years ago, a great jurist of our Court established that no citizen, not even the President, is categorically above the common duty to produce evidence when called upon in a criminal proceeding. We reaffirm that principle today and hold that the President is neither absolutely immune from state criminal subpoenas seeking his private papers nor entitled to a heightened standard of need."

Trump v. Vance SCOTUS Opinion available by clicking here.

Comments are closed.