A review of the Constitutional legalities of the Executive branch refusing to comply with subpoenas, by Lawfare:
The first argument in favor of the White House, as I understand it, basically says that the White House is immune from statute so obstruction laws don’t apply. But, more specifically, the immunity arises from the separation of powers and the special status of the Executive as being self-governing as the default, and only affected by law if the law specifically states that it applies to the President and/or the Executive branch’s activities.
I feel like it should be pointed out that this is the same logic by which things like the Hatch Act are Constitutional, rather than usurping the First Amendment rights of the members of the Executive Branch. The Bill of Rights pertains to the rights of “the people”. The government is not “the people”.
So if we must accept that the Executive is immune to statute on the basis of his special status then, likewise, due process does not apply. The President has no implicit 5th Amendment rights, nor do any of the people who are refusing their subpoenas.
Fundamentally, if you want to take the hard core view that the Executive is a distinct entity, separate from citizens and legal obligations, then you cannot pick and choose on that. You not only lose the normal legal obligations, you also lose your legal rights.
The OLC opinion of immunity is not actually an opinion of immunity, it’s an opinion of minimalism. If the Constitution and law clearly state that something applies to the Executive, then it applies to the Executive. If it does not, though, then there is no right nor obligation for the Executive. It’s all Old West, all the time, hangings on the gallows on the White House lawn.
The Democrats might consider leaning into rather than push against the Barr/Cippolone view of the matter.