Dave Rapallo

Traces the debate around Congress's ability to investigate crimes as it has evolved over the course of three historical periods, including the Kilbourn v. Thompson case, the subsequent cases that dismantled Kilbourn's premises, and finally Trump's campaign to revive Kilbourn to block Congress from investigating his alleged crimes. Concludes that Congress does have the authority to investigate, and that Trump's efforts to thwart this authority have actually resulted in stronger precedent supporting it.

Examines Chief Justice John Roberts' assertion in the Trump v. Mazars decision that recipients of congressional subpoenas retain not only constitutional privileges but also common law privileges, such as the attorney-client privilege. Offers an alternative way to understand the Chief Justice's claim, stating that recipients of congressional subpoenas retain their right to assert the privilege in separate proceedings, and complying with Congress' demands does not necessarily constitute a general waiver in other settings.