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Reading Room Document

Suing to Enjoin the Enforcement of a Senate Committee's Subpoena

This opinion addressed whether the Justice Department could have sued to prevent the Senate Judiciary Committee from seeking files on criminal investigations, which included grand jury materials, internal memoranda, and information gathered during investigations. The OLC opinion explained that the Speech or Debate Clause of the Constitution “almost certainly bars” a suit seeking to prohibit the issuance of a Congressional subpoena, although it would not bar a suit against Congressional employees who attempted to enforce the subpoena. The OLC also warned that a preemptive suit might not have been successful because “courts are reluctant to intervene in disputes between the executive and Congress until they are convinced that the other two branches are at loggerheads.”

January 16, 1981

The OLC's Opinions

Opinions published by the OLC, including those released in response to our FOIA lawsuit

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Free Speech & Social Media

Free Speech & Social Media

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A Free Speech View on the “Free Speech” Executive Order

    

Privacy & Surveillance

Privacy & Surveillance

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Knight Institute and SMU Law Clinic Seek Immediate Release of Records Related to Texas School’s Use of Surveillance Technology

Say surveillance systems in schools undermine students’ privacy and expressive rights, government should release related public records

Transparency & Democracy

Transparency & Democracy

Featured

Knight Institute Seeks Immediate Release of Special Counsel’s Report on Trump’s Mishandling of Classified Documents

Says the public has a First Amendment “right of access” to the document

 

Events

Surveillance Ascendant, Democracy in Free Fall

Surveillance Ascendant, Democracy in Free Fall

A convening addressing the threats to speech and privacy enabled by commercial surveillance in our quickly shifting democratic landscape

 

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