Friday, December 13, 2019

Last Call For A Supreme Delay

The US Supreme Court will take up the Trump tax cases, but won't hear the cases for another three months, and isn't expected to rule on them until late June.

The Supreme Court on Friday agreed to decide whether President Trump may shield disclosure of his financial information from congressional committees and a New York prosecutor, raising the prospect of a landmark election-year ruling on a president’s immunity from investigation while he is in office.

Trump asked the court to accept the cases, and they will be heard in March, with a ruling before the court’s session ends in late June. It means that whatever the outcome of Trump’s separate impeachment proceedings, the controversies over investigations into Trump’s conduct will continue into the heart of the presidential election campaign.

Manhattan District Attorney Cyrus Vance Jr. and three Democratic-led congressional committees have won lower-court decisions granting them access to a broad range of Trump’s financial records relating to him personally, his family and his businesses. The court on Friday said it would consider all three cases.

Unlike other modern presidents and presidential candidates, Trump has not released his tax returns. He and his personal lawyers have mounted a vigorous effort to keep that information private and defeat attempts to obtain the records from financial institutions and his accounting firm.

“We are pleased that the Supreme Court granted review of the President’s three pending cases,” said Jay Sekulow, a lawyer for Trump, in a statement released Friday. “These cases raise significant constitutional issues.”

The Supreme Court’s decision to get involved represents a historic moment that will test the justices and the Constitution’s separation-of-powers design. It is the first time the president’s personal conduct has come before the court, and marks a new phase in the investigations that have dogged his presidency.

The delay means that yes, the ruling will come as the 2020 general election contest begins to heat up.  It also means though that regardless of the ruling, it won't settle the question of House subpoenas of executive branch personnel in time to help the impeachment process.

If the worst-case scenario happens and Mitch McConnell simply holds a vote to acquit Trump on both articles without allowing any witnesses to be called or evidence to be presented, then America as we know it is no longer a Constitutional republic, but an autocracy.

And should the Roberts Court then rule in Trump's favor, well...

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