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The Supreme Court must enforce the subpoena of Trump’s financial records The Supreme Court must enforce the subpoena of Trump’s financial records
(8 days later)
THE BATTLE over President Trump’s financial records lands in the Supreme Court on Tuesday as the justices hear arguments on whether the firms that have handled Mr. Trump’s finances must turn over documents to the House and New York District Attorney Cyrus Vance Jr., each of which has issued a valid subpoena. The court should insist that these subpoenas finally be respected.THE BATTLE over President Trump’s financial records lands in the Supreme Court on Tuesday as the justices hear arguments on whether the firms that have handled Mr. Trump’s finances must turn over documents to the House and New York District Attorney Cyrus Vance Jr., each of which has issued a valid subpoena. The court should insist that these subpoenas finally be respected.
After the Democrats won a House majority in 2018, committees issued subpoenas to Mazars USA, an accounting firm, and Deutsche Bank, which lent money to Mr. Trump’s businesses. The president sued to prevent these firms from complying. Despite failing to convince lower courts that the House subpoenas should be ignored, the document handover was delayed while the dispute is litigated.After the Democrats won a House majority in 2018, committees issued subpoenas to Mazars USA, an accounting firm, and Deutsche Bank, which lent money to Mr. Trump’s businesses. The president sued to prevent these firms from complying. Despite failing to convince lower courts that the House subpoenas should be ignored, the document handover was delayed while the dispute is litigated.
Meanwhile, Mr. Vance convened a New York grand jury to investigate potential violations of state law, which also subpoenaed Mazars. Once again, Mr. Trump’s lawyers failed to convince any lower courts that Mazars should refrain from turning over its documents, but the subpoenas remain unenforced.Meanwhile, Mr. Vance convened a New York grand jury to investigate potential violations of state law, which also subpoenaed Mazars. Once again, Mr. Trump’s lawyers failed to convince any lower courts that Mazars should refrain from turning over its documents, but the subpoenas remain unenforced.
Mr. Trump’s lawyers argue that the House has no legitimate legislative purpose but wants to turn itself into a law enforcement body. But then, in fending off the district attorney’s subpoena, Mr. Trump’s lawyers turn around and argue that the Constitution allows only Congress, not state or federal law enforcement officers, to hold the president to account while he is in office. The upshot is that nobody could hold the president responsible for wrongdoing he may have committed before he took his oath.Mr. Trump’s lawyers argue that the House has no legitimate legislative purpose but wants to turn itself into a law enforcement body. But then, in fending off the district attorney’s subpoena, Mr. Trump’s lawyers turn around and argue that the Constitution allows only Congress, not state or federal law enforcement officers, to hold the president to account while he is in office. The upshot is that nobody could hold the president responsible for wrongdoing he may have committed before he took his oath.
In fact, both the House and Mr. Vance have legitimate claims. Congressional subpoena power is broad, stemming from both its oversight and lawmaking roles, which are often linked. Even if House lawmakers intend primarily to scrutinize Mr. Trump’s financial history, judges must not discount the possibility that their findings could lead to new laws — say, White House ethics rules, campaign disclosure requirements or sanctions designed to dissuade foreign actors from influencing the next election. The nation has a paramount interest in a well-informed Congress.In fact, both the House and Mr. Vance have legitimate claims. Congressional subpoena power is broad, stemming from both its oversight and lawmaking roles, which are often linked. Even if House lawmakers intend primarily to scrutinize Mr. Trump’s financial history, judges must not discount the possibility that their findings could lead to new laws — say, White House ethics rules, campaign disclosure requirements or sanctions designed to dissuade foreign actors from influencing the next election. The nation has a paramount interest in a well-informed Congress.
Mr. Vance’s case is even easier. Mr. Trump relies on a Justice Department policy that the president cannot be charged while in office to argue states can’t charge, either. Even if that logic held, it would not imply that state prosecutors cannot seek evidence. Mr. Vance points out that if he is denied the power to subpoena even third parties for records relating to the president’s history, that could equate to granting the president permanent immunity for past crimes, as evidence might be uncollected or lost during the president’s tenure.Mr. Vance’s case is even easier. Mr. Trump relies on a Justice Department policy that the president cannot be charged while in office to argue states can’t charge, either. Even if that logic held, it would not imply that state prosecutors cannot seek evidence. Mr. Vance points out that if he is denied the power to subpoena even third parties for records relating to the president’s history, that could equate to granting the president permanent immunity for past crimes, as evidence might be uncollected or lost during the president’s tenure.
The Supreme Court previously declared that President Bill Clinton had to comply with coercive process in the Paula Jones lawsuit, a federal civil case that concerned his activities before he took office. The justices cannot easily turn around and declare Mr. Trump immune from state criminal judicial process regarding his past behavior.The Supreme Court previously declared that President Bill Clinton had to comply with coercive process in the Paula Jones lawsuit, a federal civil case that concerned his activities before he took office. The justices cannot easily turn around and declare Mr. Trump immune from state criminal judicial process regarding his past behavior.
In neither the House nor the Vance case is the president himself required to do anything. Compliance would not burden the executive branch or implicate privileged material. It would mainly offend Mr. Trump’s unease with any and all scrutiny.In neither the House nor the Vance case is the president himself required to do anything. Compliance would not burden the executive branch or implicate privileged material. It would mainly offend Mr. Trump’s unease with any and all scrutiny.
Read more:Read more:
Read a letter in response to this editorial: We need transparency from Trump
Ruth Marcus: Will the Supreme Court permit Trump to be above the law?Ruth Marcus: Will the Supreme Court permit Trump to be above the law?
George Conway: No one in this country is above the law. The Supreme Court is about to teach that lesson.George Conway: No one in this country is above the law. The Supreme Court is about to teach that lesson.
George F. Will: No president is immune from prosecution. The court has a chance to prove it.George F. Will: No president is immune from prosecution. The court has a chance to prove it.
Greg Sargent: Here’s what really matters about Trump’s despotic claim ofGreg Sargent: Here’s what really matters about Trump’s despotic claim of
  
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