Supreme Court Rules Against Donald Trump In SDNY Tax Subpoena Case
The Supreme Court was to hear two cases Thursday regarding President Donald Trump’s obligation, r lack thereof, to comply with subpoenas for his financial records. While Trump took a small win — in the form of a delay — in one case, SCOTUS ruled against him in the other. First, the Justices were tasked with deciding whether the president could be forced to comply with a subpoena in a case in which the Southern District of New York is asking for his tax returns. Then they considered whether he could be forced to turn over documents to House Committees.
According to the New York Post, in a 7-2 decision, the court ruled that Trump is not immune to subpoenas related to criminal investigations. This doesn’t mean Trump has to turn over anything today, though — only that the SDNY can proceed, and it’s still a process that could take months.
The other ruling, Trump v Mazars, was also 7-2, but in the opposite direction.
In Trump v. Mazars, Trump wins this stage of dispute over congressional subpoenas to lenders and accountant for president’s financial records as #SCOTUS, 7-2, sends case back to lower courts to take account of separation of powers concerns
— SCOTUSblog (@SCOTUSblog) July 9, 2020
The opinion is nuanced and complex, but the immediate effect is that litigation over the congressional subpoenas seeking Trump financial documents will continue, and the subpoenas will not be enforced right now.
— SCOTUSblog (@SCOTUSblog) July 9, 2020
Trump responded to the rulings in a multi-tweet rant in which he termed the proceedings “prosecutorial misconduct.”
The Supreme Court sends case back to Lower Court, arguments to continue. This is all a political prosecution. I won the Mueller Witch Hunt, and others, and now I have to keep fighting in a politically corrupt New York. Not fair to this Presidency or Administration!
— Donald J. Trump (@realDonaldTrump) July 9, 2020
Courts in the past have given “broad deference”. BUT NOT ME!
— Donald J. Trump (@realDonaldTrump) July 9, 2020
….No Republican Senate Judiciary response, NO “JUSTICE”, NO FBI, NO NOTHING. Major horror show REPORTS on Comey & McCabe, guilty as hell, nothing happens. Catch Obama & Biden cold, nothing. A 3 year, $45,000,000 Mueller HOAX, failed – investigated everything….
— Donald J. Trump (@realDonaldTrump) July 9, 2020
….for another President. This is about PROSECUTORIAL MISCONDUCT. We catch the other side SPYING on my campaign, the biggest political crime and scandal in U.S. history, and NOTHING HAPPENS. But despite this, I have done more than any President in history in first 3 1/2 years!
— Donald J. Trump (@realDonaldTrump) July 9, 2020
The president had already expressed frustration with the proceedings Thursday morning, tweeting to complain about “presidential harassment” as well as “prosecutorial misconduct.”
PRESIDENTIAL HARASSMENT!
— Donald J. Trump (@realDonaldTrump) July 9, 2020
PROSECUTORIAL MISCONDUCT!
— Donald J. Trump (@realDonaldTrump) July 9, 2020
In both cases, the immediate effect is the same: lower courts will continue to try to work out the details, and there’s no reason to think any documents will be turned over in the immediate future. However, the ruling that a president is not immune to subpoenas regarding criminal investigations could have echoing effects.