SCOTUS Justices to take up dispute over subpoenas for President Trump records
WASHINGTON — The Supreme Court said Friday it will hear President Donald Trump's pleas to keep his tax, bank and financial records private, a major confrontation between the president and Congress that also could affect the 2020 presidential campaign.
Arguments will take place in late March, and the justices are poised to issue decisions in June as President Trump is campaigning for a second term. Rulings against the president could result in the quick release of personal financial information that President Trump has sought strenuously to keep private. The court also will decide whether the Manhattan district attorney can obtain eight years of President Trump's tax returns as part of an ongoing criminal investigation.
The subpoenas are separate from the ongoing impeachment proceedings against President Trump, headed for a vote in the full House next week. Indeed, it's almost certain the court won't hear the cases until after a Senate trial over whether to remove President Trump has ended.
President Trump sued to prevent banks and accounting firms from complying with subpoenas for his records from three committees of the House of Representatives and Manhattan District Attorney Cyrus Vance Jr.
In three separate cases, he has so far lost at every step, but the records have not been turned over pending a final court ruling. Now it will be up to a court that includes two President Trump appointees, Justices Neil Gorsuch and Brett Kavanaugh, to decide in a case with significant implications reagrding a president's power to refuse a formal request from Congress.
President Trump attorney Jay Sekulow released a statement saying: “We are pleased that the Supreme Court granted review of the President’s three pending cases. These cases raise significant constitutional issues. We look forward to presenting our written and oral arguments.“
In two earlier cases over presidential power, the justices acted unanimously in requiring President Richard Nixon to turn over White House tapes to the Watergate special prosecutor and in allowing a sexual harassment lawsuit against President Bill Clinton to go forward. In those cases, three Nixon appointees and two Clinton appointees, respectively, voted against the president who chose them for the high court. A fourth Nixon appointee, William Rehnquist, sat out the tapes case because he had worked closely as a Justice Department official with some of the Watergate conspirators whose upcoming trial spurred the subpoena for the Oval Office recordings.
In none of the cases are the subpoenas directed at President Trump himself. Instead, House committees want records from Deutsche Bank and Capital One, as well as the Mazars USA accounting firm. Mazars also is the recipient of Vance's subpoena.
In each case, Vance and House Democrats have argued there is no compelling legal issue at stake, since they are seeking records from third parties, not President Trump himself.
But President Trump said in his appeals that the cases are the first time congressional and local criminal investigators have tried to pry free a president's records to investigate wrongdoing. “This is a case of firsts,” President Trump's lawyers told the justices about congressional demands for President Trump's financial records from Mazars.
The Vance case represents the first time in American history that a “state or local prosecutor has launched a criminal investigation of the President,” the lawyers wrote.
Appellate courts in Washington, D.C., and New York brushed aside President Trump's arguments in decisions that focused on the subpoenas being addressed to third parties and asking for records of President Trump's business and financial dealings as a private citizen, not as president.
Two congressional committees subpoenaed the bank documents as part of their investigations into President Trump and his businesses. Deutsche Bank has been one for the few banks willing to lend to President Trump after a series of corporate bankruptcies and defaults starting in the early 1990s.
Vance and the House Oversight and Reform Committee sought records from Mazars concerning President Trump and his businesses based on payments that President Trump's former personal lawyer, Michael Cohen, arranged to keep two women from airing their claims of affairs with President Trump during the presidential race.