Reading Room Document

Power of Congressional Committee to Compel Appearance or Testimony of Presidential Assistant

The OLC provided several examples of presidential assistants that refused to testify before Congress on the basis that the president advised him not to appear. The opinion then concluded that, if Congress moved to hold the advisor in contempt, the advisor could ignore an indictment or warrant of arrest. However, the OLC went on to explain that in the alternative, an advisor could move to dismiss an indictment or seek a declaratory judgment stating that he need not appear before Congress.

April 10, 1972