Published 12:35 IST, May 22nd 2020
Trump counting on Supreme Court to block probes, lawsuits
President Donald Trump won at least a temporary reprieve from the Supreme Court earlier this week in keeping secret grand jury materials from the Russia investigation away from Democratic lawmakers.
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Washington, May 22 (AP) President Donald Trump won at least a temporary reprieve from Supreme Court earlier this week in keeping secret grand jury materials from Russia investigation away from Democratic lawmakers.
president and his ministration are counting on justices for more help to stymie or investigations and lawsuits.
high court is weighing Trump's bid to block subpoenas for his tax, banking and financial records. It will soon be asked by ministration to kill a lawsuit alleging that Trump is illegally profiting from his luxury hotel near White House. And a dispute over Congress' demand for testimony of former White House counsel Don McGahn also could find its way to justices before long.
Trump has predicted that court with a conservative majority that includes two of his appointees, Justices Neil Gorsuch and Brett Kavanaugh, would be more sympatic than lower courts that have repeatedly ruled against him.
And his ministration has sought court's emergency intervention at early sts of court cases far more often than both Democratic and Republican predecessors, according to data compiled by University of Texas law professor Stephen Vleck.
ministration says Democrats are obsessed with embarrassing Trump at all costs. Trump has called himself a victim of presidential harassment and ordered his ministration t to cooperate with investigations by Democratic-led House.
In arguing for invalidation of congressional subpoenas for Trump's private financial records, Justice Department told Supreme Court that subpoenas pose a serious risk of harassing President and distracting him from his constitutional duties.
McGahn should t be forced to appear before Congress, ministration argues, because he is among a band of presidential visers who have absolute immunity" from testifying about ir interactions with president. full federal appeals court in Washington recently heard arguments in case and could rule at any time.
president's critics argue that Trump has embraced a dangerous view of presidency as being above law.
common me throughout Trump presidency has been a complete lack of accountability, said Ben Berwick, a lawyer with anti-Trump group Protect Democracy.
In case after case, position taken by Trump and his lawyers is that thing and one -- t courts, t Congress, t federal or state law enforcement, t inspectors general -- can hold him accountable or act as a check on his power."
In dispute over grand jury materials from special counsel Robert Mueller's investigation, U.S. District Judge Beryl Howell called out Justice Department and ministration.
reality is that DOJ and White House have been openly stonewalling House's efforts to get information by subpoena and by agreement, and White House has flatly stated that ministration will t cooperate with congressional requests for information," Howell wrote in ordering that materials be turned over. Her ruling is on hold.
Supreme Court has so far refrained from definitive rulings in se clashes. But Trump has been chief beneficiary of court's actions because y have prevented investigators from obtaining what y are seeking.
We've alrey lost nine months of time in this investigation due to this lawsuit," New York prosecutor Carey Dunne said in his arguments in support of enforcing a subpoena for Trump's tax returns. Trump's lawyers said local prosecutors should t be allowed even to investigate Trump while he is president.
Each passing day without a court decision, Dunne said, amounts to same kind of temporary absolute immunity that President is seeking here."
It's possible that decisions in subpoena cases, expected by early summer, could leave legal issues unresolved and le to ditional consideration by lower courts, furr delaying a final order on subpoenas.
That would suit Trump and his supporters, who would like to run out clock at least until after Election Day.
It might also suit Supreme Court and especially Chief Justice John Roberts, who has warned of dangers of having court viewed as just ar political institution. Federal judges have me clear y prefer that White House and Congress resolve ir disagreements without judicial intervention, when possible.
In event Democrat Joe Biden is elected president or Republicans regain control of House of Representatives, legal fights over subpoenas and grand jury materials might end. Biden's ministration might have little interest in fighting to protect Russia grand jury documents. If Republicans were in charge of House, y probably would abandon subpoena fights aimed at Trump.
In eir case, Supreme Court would avoid having to make a decision that might split justices along liberal and conservative lines and underscore perceptions of a politically motivated court.
12:35 IST, May 22nd 2020