Reading Room Document

Validity of Congressional Subpoena That Would Prevent the Secretary of State from Fulfilling the President’s Directive to Represent the United States at a Major Diplomatic Event

A congressional committee’s subpoena for the Secretary of State’s appearance on a date that would prevent the Secretary from fulfilling the President’s directive to represent the United States at a major diplomatic event would unconstitutionally interfere with the President’s authority to conduct the Nation’s foreign affairs. The subpoena requiring the Secretary’s appearance on that date is invalid and lacks legal effect, and the Secretary may not be punished by civil or criminal means for failing to appear on that date.

September 23, 2024