President Donald Trump’s challenges to subpoenas served on Deutsche Bank, Capital One and Mazars have thus far failed to persuade the courts. If the president cannot successfully resist congressional subpoenas, then neither can the other individuals and entities that typically receive them. But the difficulty of outright resistance does not mean that subpoena recipients cannot mount an effective response.

During oral argument before the U.S. Court of Appeals for the Second Circuit on Aug. 23, the court asked both sides whether negotiation could resolve the issues Trump had raised. Negotiation is typically the first option subpoena recipients pursue, but the president is in a different position than most recipients, and his tactics reflect that.

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