Saturday, February 16, 2019

Russian To Judgment, Con't

Democrats are picking a lot of fights with the Trump regime, but the reality is every one of them will be appealed to the Supreme Court, and there's just no guarantee that the Roberts Court will side with common sense or decency.  Case in point: there's surely five SCOTUS votes to prevent Democrats from getting at Trump's conversations with Putin.

House Democrats are taking their first real steps to force President Donald Trump to divulge information about his private conversations with Russian President Vladimir Putin, setting up an extraordinary clash with the White House over Congress’ oversight authority. 
Rep. Adam Schiff, the Intelligence Committee chairman, and Rep. Eliot Engel, the Foreign Affairs Committee chairman, told POLITICO they are actively consulting with House General Counsel Douglas Letter about the best way to legally compel the Trump administration to turn over documents or other information related to the president’s one-on-one discussions with the Russian leader. 
“I had a meeting with the general counsel to discuss this and determine the best way to find out what took place in those private meetings — whether it’s by seeking the interpreter’s testimony, the interpreter’s notes, or other means,” Schiff (D-Calif.) said in a brief interview. 
It’s a development that indicates Schiff and Engel are close to taking action on the matter; key members of the majority party often consult with the chamber’s general counsel on issues that could end up playing out in court. Democrats want to ensure that they are on the strongest possible legal ground because they anticipate the Trump administration will mount spirited challenges. 
The move also underscores the seriousness with which Democrats view Trump’s conciliatory statements and actions toward Moscow and its place as a top House priority as the party pursues wide-ranging investigations into the president and his administration. 
In particular, Democrats say they want to find out what Trump and Putin discussed during their private meeting in Helsinki last July, where Trump put himself at odds with the U.S. intelligence community and declared — while standing next to the Russian president — that the Kremlin did not interfere in the 2016 elections. 
Trump’s remark prompted Democrats to call for Marina Gross, the State Department translator who was the only other American present for the Trump-Putin meeting, to share her notes with Congress and testify in public. 
Schiff and Engel have left all options on the table, including issuing subpoenas, which the White House would surely fight.

And fight it they will.  Regardless of where the Dems think they stand, the reality is that the ultimate arbiter of many of these fights will be the Supreme Court, and currently with five Republican-appointed justices on board, including two clearly loyal to Trump himself and unbothered by any silliness like stare decicis or, you know, basic humanity, I don't have a good feeling about the outcomes of these fights.

Sadly, even the late Justice Scalia could occasionally be bothered to phone in a "that's too much" opinion and side with Justice Ginsburg.  His replacement, and Justice Kennedy's replacement, have no such compunction.

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