July 16, 2024

Mar-a-Lago case

Robert B. Hubbell - As explained in Just Security, the Supreme Court upheld a subpoena by special prosecutor Leon Jaworski issued to then President Nixon. Although the Supreme Court did not rule on a challenge to the validity of Jaworski’s appointment in US v. Nixon, the Court did rule on the authority of Jaworski to issue a subpoena to the president. If the Supreme Court believed Jaworski had no authority to issue the subpoena because he was not validly appointed, it would have told him so. It did not. Rather, the Court ruled unanimously in US v. Nixon that the special prosecutor had the authority to issue subpoenas to the president—and that the president was required to comply with those subpoenas.

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