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Are We Headed for a Relitigation of United States Versus Richard Nixon?

After a slew of legal setbacks stretching back more than a year, President Donald Trump was handed a victory on Tuesday by the Second Circuit Court of Appeals in New York, which issued a temporary stay so it could consider Trump’s argument that the city’s subpoena was political in nature and too overrreaching.

trump admin to endanger students and teachers in pandemic
[Photo by Drew Angerer/Getty Images]
The same court ruled last month that Trump must hand over his tax returns to Manhattan District Attorney Cy Vance.

“We look forward to arguing the merits on appeal,” Trump’s attorney Jay Sekulow said.

Things could get messy, because in July, SCOTUS left the door open for Trump to keep appealing on behalf of anyone hoping to defy the subpoena.

“Written briefs from the lawyers for both sides are due in the next few weeks, and the court will hold a hearing on the issue Sept. 25. If it rules against Trump— as the lower court did and as the appeals court did last time around— his lawyers would have to ask the Supreme Court to block access,” NBC reported. “In July, the Supreme Court rejected Trump’s contention that a sitting president is immune from any part of the criminal justice system, including grand jury investigations. But its decision said Trump could make the same arguments available to anyone in trying to defeat the subpoena.”

Scenario 1: The Supreme Court rules that Trump must comply with the federal subpoena and hand over his tax returns to prosecutors. If Trump refuses, which he probably will, it will trigger an unprecedented constitutional crisis. The House could be compelled to impeach him. The 25th Amendment would also have to be on the table. A president that bucks the courts has crossed the line into dictator.
Scenario 2: The Supreme Court sides with Trump and allow him to ignore a federal subpoena, effectively overrturning its unanimous ruling in United States versus Richard Nixon, which compelled the 37th president to turnover Oval Office recordings that documented his role in the Watergate candal. Nixon resigned two weeks later upon threat of impeachment. This would effectively turn Trump into a king, free to ignore the law at his will.
Scenario 3: The Supreme Court kicks the case back down to the lower courts.


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