[20180504]LSB10130_强制总统遵守司法传票 .pdf

CRS INSIGHT Prepared for Members and Committees of Congress Legal SidebarLegal Sidebari i Compelling Presidential Compliance with a Judicial Subpoena May 4, 2018 Special Counsel Robert Mueller reportedly warned President Trumps lawyers in a March meeting that if the President declined to participate in a voluntary interview, Mueller could issue a subpoena compelling the Presidents testimony before a grand jury. The alleged exchange raises the question of whether a sitting President, consistent with the separation of powers and Article II of the Constitution, may be required to comply with a subpoena for his testimony as part of an ongoing criminal investigation. Before addressing this question, it is necessary to define the type of subpoena that may be envisioned by the Special Counsel. Special Counsel Mueller, who has been vested with the powers and duties of “any United States Attorney,” has not been provided independent and unilateral authority to issue generalized subpoenas for testimony. Instead, any subpoena to the President would likely be issued by a grand juryat the request of the Special Counselbut under the authority of the judiciary. The subpoena would therefore accurat