Supreme Court Decision on Trump

Yesterday, July 9, 2020 – A Day Which Will Live In History

“...but when the President does it, it’s not illegal.” President Richard Nixon, 1977 BBC interview.

On July 8 1979, forty-one years ago this week, the Supreme Court took up the case of The United States of America vs. Richard M Nixon. At that time it was the most significant judgment rendered by the Court involving a sitting President. In spite of what Nixon told the BBC, the Court ruled unanimously no President is above the law.

Like it or not, care or not, what came out of the Supreme Court the Ninth day July in this year of our Lord 2020 is the most important Presidential court decision since Richard Milhous Nixon died.

Solely based on this observation, these seem to be the issues involved:

     House of Representatives argued there is both specific legal grounds and established precedent for subpoena of tax and financial records for “legislative purposes”. A specific part of this was the law stating without qualification the Treasury Department “shall” turn over tax returns upon request from Congress. Trump attorneys argued, in essence, Congress exceeded it’s authority and was on a “witch hunt” with their multiple demands for a broad base of documents.

     A second case involved New York State investigation into tax evasion and bank fraud by Trump and the Trump businesses. That is, a charge of underlying crime for which evidence exist sufficient a court of competent jurisdiction issued a legal subpoena. This was instigated by the New York Attorney General following sworn testimony of long-time Trump personal attorney Michael Cohen. Additional emphasis was given by the exposé of the Trump family tax evasion over many years. These allegations based on tax and legal documents obtained by a New York newspaper and made available to the State. The Trump attorneys argued, in essence, the sitting President is above the law and cannot be ‘bothered’ with legal entanglements (that is, he could shoot somebody on Fifth Avenue and not be stopped). This was the Nixon-Barr legal theory of “Presidential Absolute Immunity”.

So, now we have decisions on the two matters before the court. According to my non-lawyer, as heard on TV summation, this is what I hear the Court saying:

United States vs. Donald J Trump, et al;

Court votes 7-2 to send back to lower courts with clarifying instructions

The Court confirmed Congress does have oversight with subpoena authority; but, that power “implicates special concerns regarding Presidential powers”. Lower court must test for legitimate, pertinent, and clear legislative purposes (that is, no, Congress can’t just “go fishing”).

Court votes 9-0 President does not have ‘absolute immunity’ as claimed

The most historic part of these decisions for some future generation: The President is not above the law. That is, he can’t, as was argued by the Solicitor General, “stand on Fifth Avenue and shoot somebody and not get arrested.” The Court confirmed prescient that, as would any resident of the United States, the President must obey legitimate subpoenas and laws.

Left unclear to this observer, what is status of law requiring tax return “shall be provided”? Best guess is it got lost in the ‘over-broad’ approach by Democrats.

State of New York vs. Donald J Trump, et al.:

Court voted 7-2 favoring New York, to be sent back to lower courts

As with any lawfully issued subpoena, any state’s subpoena of the President must be honored. However,Trump does have option of going back to District court, which issued subpoena, and present an entirely new case based on arguments any non-President could make. So, it appears New York’s subpoena will be executed, maybe, sooner or later. Even if/when it is, any documentation would be privy solely of Grand Jury, not for public dispersion. Only if this whole mess goes to trial would any evidence gathered be made public. The Attorney General of New York has already announced the investigation, delayed by these trials, will resume immediately.

No One Knows What’s Next – It will certainly be weeks, months, even years before all this shakes out.

Questions which must be asked for some future generation:

Can Trump avoid New York state criminal conviction by forcing re-trials in Court, appealing again to Supreme Court, etc.? In short, can he ‘run out the clock’ while hoping for re-election or expiration of Statues of Limitation?

Why This Fight? Why not just hand over the tax returns as he promised repeatedly to do in order to get elected? The court doesn’t say he can’t, just that he must obey a subpoena. Is it just that once again he’s ‘painted himself into a corner’ and cannot admit he’s wrong? Do the guilty still “flee when no man pursue”?

Crimes Are Alleged to have been committed against the state of New York and the American people. Crimes which would have already been prosecuted if they had not involved a sitting President with personal fortune and dictatorial command. Given our history of delay in getting justice for the wealthy, will he even live long enough to be prosecuted for such crimes, much less be punished?

If He Is Indicted, can a sitting President be tried by state courts as would be any other defendant? A Constitutional question I can’t wait to hear debated.

Will He ‘Win With His Base’ no matter what? He has already fallen back on his tried-n-true tweets; blaming “the media” and Democrats; complaining he is not being treated ‘nice’. Would getting his devotees to not care a twit what the courts say be seen as a great victory for and by Trump?

Whatever TV Networks say pro or con – in 2020 what is acceptable in our political leaders? Subject for another time and tirade.

If Trump Defies the Supreme Court (as both Jackson and Lincoln had done), will America continue as a democratic Republic; or will we, as history portends, follow down the road of anarchy leading inevitably to an oligarchy controlled autocracy?

In the end it comes down to the next day which will live in history, November 3 2020.

Epilogue – yet another conspiracy theory

A legal matter I’ve been following since 2016, not a factor in the current cases, demonstrates the continuing pattern of criminal activity known to federal and state investigators:

     In 2015 an investigation of the Trump organization for money laundering, bank fraud, and tax evasion is ‘alleged’ to have been underway by SDNY division of the Justice Department. It is neither a state secret nor “fake news” the Feds were on to Trump and the connections to Russia money, they had subpoenaed Deutsche Bank, and were close to going to a Federal Grand Jury. If I knew of it sitting in Brazil Indiana, surely the Trump people knew it. In an interview for “Dark Towers” author David Enrich was told by Deutsche personnel they had gathered the requested documents, but no one came for them. As of date of that interview documents were still in bank’s vault.

     Apparently by direction of the Obama administration, this investigation (being of non-violent, which-collar crimes) was suspended in deference to Trump campaign. To my knowledge no action has been publicly announced concerning this investigation after January 20 2016, and believe status of any subpoenas also remains unannounced.

     It is my personal theory, not confirmed by any source available to me, that the investigation and convictions of Michael Cohen were by-products of these SDNY investigations into the Trump businesses. As of today he has been remanded to prison while reporters were waiting outside for an anticipated statement from him on above reference Court rulings. More on this to come when he’s served his time, or a new administration wants to hear what else Mike knows.