Reading Room Document

Historical Data Involving Subpoenaing of and Testimony by the Presidents.

In this memo, the OLC presented historical data ranging from 1800 to 1875 to supplement a previous 1973 memo Re: Presidential Amenability to Subpoena. The data illustrates the reticence of courts to compel presidents to make in-person court appearances to respond to subpoenas, especially where the subpoena would require the president to leave his seat of office. Some presidents like Monroe and Grant offered a compromise, responding to summons by agreeing to a deposition from Washington, which allowed courts to avoid the issue whether a president could be compelled to leave their seat to testify.

February 26, 1974