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Trump can't hand wave subpoena (7-2), but...

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Jimmy Higgins

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SCOTUS said:
Rejecting a heightened need standard does not leave Presidentswithout recourse. A President may avail himself of the same protections available to every other citizen, including the right to challengethe subpoena on any grounds permitted by state law, which usuallyinclude bad faith and undue burden or breadth. When the President Cite as: 591 U. S. ____ (2020) 5Syllabusinvokes such protections, “[t]he high respect that is owed to the officeof the Chief Executive . . . should inform the conduct of the entire proceeding, including the timing and scope of discovery.” Clinton, 520U. S., at 707. In addition, a President can raise subpoena-specific constitutional challenges in either a state or a federal forum. As notedabove, he can challenge the subpoena as an attempt to influence theperformance of his official duties, in violation of the Supremacy Clause.And he can argue that compliance with a particular subpoena wouldimpede his constitutional duties. Pp. 17–21.
Click to expand...
This is a 7-2 decision! BUT.... and maybe I need to add another T because this is a big BUT, Trump can contest the subpoena in court... and then run out the appeals processes on other legal grounds. So hooraaa..... oh... nevermind.
 
Jimmy Higgins said:
link

SCOTUS said:
Rejecting a heightened need standard does not leave Presidentswithout recourse. A President may avail himself of the same protections available to every other citizen, including the right to challengethe subpoena on any grounds permitted by state law, which usuallyinclude bad faith and undue burden or breadth. When the President Cite as: 591 U. S. ____ (2020) 5Syllabusinvokes such protections, “[t]he high respect that is owed to the officeof the Chief Executive . . . should inform the conduct of the entire proceeding, including the timing and scope of discovery.” Clinton, 520U. S., at 707. In addition, a President can raise subpoena-specific constitutional challenges in either a state or a federal forum. As notedabove, he can challenge the subpoena as an attempt to influence theperformance of his official duties, in violation of the Supremacy Clause.And he can argue that compliance with a particular subpoena wouldimpede his constitutional duties. Pp. 17–21.
Click to expand...
This is a 7-2 decision! BUT.... and maybe I need to add another T because this is a big BUT, Trump can contest the subpoena in court... and then run out the appeals processes on other legal grounds. So hooraaa..... oh... nevermind.
Click to expand...

Zackly. INDIVIDUAL-1 will run out the clock on the Stormy matter and a whole host of other tax law violations and financial crimes, unless some judge gets fed up enough to charge his whole team of weasels with contempt of court for filing frivolous motions.
 
T.G.G. Moogly said:
It's good news. Roberts is a shrewd but cool dude.
Click to expand...
The trouble is there is little in the way for Congress not to have access. But they decided to punt that back the Appeals Court. It must have been the compromise to get this to 7-2.
 
CSPAN on Twitter: "WATCH: Complete exchange between @RepAOC @AOC and Michael Cohen. https://t.co/dBpwzeEYRY" / Twitter
She asked him a lot of very good questions how Trump likes to value his properties. High for insurance purposes and low for tax purposes. Toward the end, AOC asked MC if it would be good to have Trump's tax returns. MC said yes.

with response
Tuxedo Mask on Twitter: "@cspan @RepAOC @AOC Most members of Congress used the Cohen hearing to grandstand, but AOC may have implicated Trump in a new case altogether in less than 5 minutes. No wonder the GOP is terrified of her." / Twitter

I remember when Saturday Night Live satirized that hearing - SNL mostly satirized Republicans sounding off, and barely featured AOC. It should have shown her squeeing over how Trump's property jumps in valuation/

Then
Cristian Farias on Twitter: "There will be lots of takes today about the Supreme Court and the financial records that Trump is shielding from Congress. But it’s worth remembering that one of the subpoenas at issue, by @OversightDems, was partly based on this testimony elicited by @AOC. Oversight matters." / Twitter
 
Not surprisingly, AOC is celebrating.

Alexandria Ocasio-Cortez on Twitter: "One of my first hearings in Congress was of Michael Cohen, called in by Chairman Cummings.
Here⬇️ Cohen testified that Trump manipulated his assets,& that we need to see his taxes.
@OversightDems is some of my fav work in Congress. It’s a slow burn, but yields major results. /1" / Twitter
(linking to a clip of herself in action)

Then
Alexandria Ocasio-Cortez on Twitter: "What I love about the work of @OversightDems is that it‘s investigatory & collaborative, w/ rippling effects.
It’s slow work, but that’s what makes it so gratifying - the committee will spend months, sometimes years laying groundwork that contributes to huge moments & shifts. /2" / Twitter

Alexandria Ocasio-Cortez on Twitter: "Above all, I keep hearing that booming voice of our forever Chairman Elijah Cummings.
He had a mantra of sorts for us: “be efficient and effective.” He operated w/ precision &was one of the best leaders I’ve ever seen. A master. I hope he’d be satisfied to see today’s SC ruling." / Twitter
 
Trump is losing his collective shit on Twitter. No one in all of human history has been treated so unfairly as him.
 
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