Reading Room Document

Constitutional Concerns Implicated by Demand for Presidential Evidence in a Criminal Prosecution

This document discusses the constitutional concerns related to the demand for presidential evidence in a criminal trial, specifically in the case of Oliver North. It addresses questions about whether a President can be required to provide evidence, testify in person at a trial, or provide evidence through other means. The document also delves into the applicability and availability of executive privilege in the context of a criminal trial, as well as the issue of waiver of executive privilege. The conclusions reached in the document are that a sitting President may be required to provide evidence for a criminal trial, but not necessarily testify in person. The assertion of executive privilege may defeat the prosecution, depending on the relevance of the evidence to the defense. Additionally, the document concludes that executive privilege cannot be waived, and the proper inquiry is whether the material remains confidential at the time the privilege is sought to be asserted. The questions presented for review include the requirements for presidential testimony in a criminal trial and the applicability of executive privilege.

October 17, 1988