Friday, December 13, 2019

Law and the White House

   The president is immune from prosecution, goes the song from his lawyers, but several courts have already upheld demands that he comply with subpoenas.
   Now, the Supreme Court has agreed to hear three cases, including one from New York State and two from Congressional committees demanding to see his financial records.
   Previous presidents have routinely released their financial statements, but Donald Trump has steadfastly refused.
   The issue is not only whether Congress, in its role as legislative watchdog and formulator of new law, has a right to see the documents, but also whether a private corporation must comply with a state grand jury subpoena to supply them to investigators.
   In the latter case, a New York State grand jury wants to see them as it investigates potential tax violations, and it has subpoenaed the president's tax preparers for them. The company said it is willing to comply, but the president intervened and challenged the subpoena. Whether federal courts have jurisdiction over a state legal action is one key to the challenge.
   A larger issue, of course, is the president's attitude, as shown in comments like this:
   "I'll do what I want."
   "I could shoot somebody on Fifth Avenue and not lose any votes."
   "Impeachment shouldn't be allowed."
   All of these have drawn an identical response from legislators, prosecutors and academic observers:
   "No one is above the law."
   Nevertheless, Trump's lawyers continue to insist that the president is immune from prosecution. At least, while he is in office.
   The larger issue, then, becomes this: What to do about a president who talks and acts like he really is above the law. And that is what has brought about impeachment proceedings against this president.
   He has ignored court orders in the past, or he has appealed them to higher courts, several of which have upheld the rulings. Now the cases will be heard by the highest court in America, and the question becomes this:
   Will he also ignore or refuse to comply with an order from the Supreme Court of the United States? Moreover, how can the government enforce the ruling if he does?
   Coincidentally, the SCOTUS decision is expected this summer, after a Senate decision on impeachment comes down and just as a re-election campaign goes into high gear.
   'Twill be a busy year.

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