Justia Opinion Summary and Annotations

Committees of the U. S. House of Representatives issued subpoenas seeking information about the finances of President Trump, his children, and affiliated businesses. The subpoenas were issued to financial institutions and the President’s personal accounting firm. The President in his personal capacity, his children, and affiliated businesses argued that the subpoenas lacked a legitimate legislative purpose and violated the separation of powers. The President did not argue that any of the requested records were protected by executive privilege.

The Supreme Court vacated decisions by the D.C. Circuit and the Second Circuit and remanded. The courts below did not take adequate account of the significant separation of powers concerns implicated by congressional subpoenas for the President’s information. A congressional subpoena is valid only if it is “related to, and in furtherance of, a legitimate task of the Congress” and serves a “valid legislative purpose.” Congress may not issue a subpoena for the purpose of “law enforcement,” because that power is assigned to the Executive and the Judiciary.

While executive privilege protections should not be transplanted to cases involving nonprivileged, private information, a limitless subpoena power could transform the established practice of the political branches and allow Congress to aggrandize itself at the President’s expense. The subpoenas at issue represent not a run-of-the-mill legislative effort but rather a clash between rival branches of government over records of intense political interest. Separation of powers concerns are no less palpable because the subpoenas were issued to third parties.

A balanced approach is necessary to address those concerns. Courts should carefully assess whether the asserted legislative purpose warrants the significant step of involving the President and his papers. Congress may not rely on the President’s information if other sources could reasonably provide Congress the information it needs in light of its particular legislative objective. Courts should insist on a subpoena no broader than reasonably necessary to support Congress’s legislative objective and should be attentive to the nature of the evidence that a subpoena advances a valid legislative purpose. Courts should assess the burdens imposed on the President and incentives to use subpoenas for institutional advantage. Other considerations may also be pertinent.

Annotation

Primary Holding

Lower courts did not adequately consider separation of powers concerns implicated by congressional subpoenas for the President’s personal financial information.