The high-stakes battle could result in historic rulings on a president's immunity from invesigation while in office and Congress' oversight powers.
WASHINGTON – President Donald Trump's effort to keep his personal and corporate financial records away from congressional and law enforcement investigators comes before the Supreme Court Tuesday amid indications some justices may be reluctant to weigh in.
Roberts wrote the court's 5-4 decision last summer that said disputes over partisan gerrymandering by state legislatures were"political questions beyond the reach of the federal courts." "It is in the committees’ interest for this court to reach the merits now, rather than to let doubts as to the subpoenas’ validity linger," House general counsel Douglas Letter agreed."It is also in the interest of the executive branch for this court to reach the merits here. The courts should be available to provide the executive branch safeguards, should it ever need them."
"Publicly releasing information about individuals is a form of punishment," Trump's lawyers argue in court papers."Yet that has been the goal here from the start." "If the president wins and it’s 5-4 … there will be people claiming that the president's appointees have come to his defense," says Saikrishna Prakash, a University of Virginia law professor whose recent book, The Living Presidency, warns of its ever-expanding powers.
The House Financial Services Committee and the House Intelligence Committee issued subpoenas to Deutsche Bank and Capital One more than a year ago seeking records from Trump, his three oldest children and the Trump Organization. The panels are probing risky lending practices by major financial institutions and efforts by Russia to influence U.S. elections. They have been upheld twice in lower courts.
Trump's lawyers have argued that the president has absolute immunity while in office from grand jury investigations of criminal conduct. During oral arguments before the U.S. Court of Appeals for the 2nd Circuit, they contended Trump could shoot someone on Fifth Avenue and escape prosecution until he leaves office.
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