State Criminal Subpoena – Enforcement

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United States Supreme Court

Case Name: Donald J. Trump v. Cyrus R. Vance, Jr., et al.,

Case No.: 19-635

Focus: State Criminal Subpoena – Enforcement

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 criminal proceedings when called upon by federal courts. This case involves—so far as we and the parties can tell—the first state criminal subpoena directed to a President. The President contends that the subpoena is unenforceable. We granted certiorari to decide whether Article II and the Supremacy Clause categorically preclude, or require a heightened standard for, the issuance of a state criminal subpoena to a sitting President.

Affirmed and remanded

Dissenting: THOMAS, J., and ALITO, J., filed dissenting opinions.

Concurring: KAVANAUGH, J., filed an opinion concurring in the judgment, in which GORSUCH, J., joined.

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Derek A Hawkins is trademark corporate counsel for Harley-Davidson. Hawkins oversees the prosecution and maintenance of the Harley-Davidson’s international trademark portfolio in emerging markets.