Second Circuit Review: Presidential Immunity From Criminal Investigation

Litigation partner Martin Flumenbaum and Brad Karp’s Second Circuit Review column, “Presidential Immunity From Criminal Investigation,” appeared in the November 27 issue of the New York Law Journal. The authors discuss Trump v. Vance, in which the court held that presidential immunity does not bar a state grand jury from issuing a subpoena seeking non-privileged material to aid an investigation, even if the investigation may implicate the President. The decision represents a major, and potentially historic, step toward limiting a President’s immunity from a state criminal process. Litigation associate William E. Freeland assisted in the preparation of this article.