&gt; Smith has the right to subpoena the emails.<p>Government officials, exercising their office, do not have &quot;rights&quot; from their office, they have &quot;powers&quot;. Its important to distinguish between those concepts.<p>Smith has the power to issue subpoenas, and Congress has the power to impose consequences if it believes that valid subpoenas from its officers have been denied (there are some options for judicial enforcement as well, but they are both less likely to be legally available and more practically difficult to apply if they are available against executive officers, so are mostly irrelevant.)