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7-2 in the Vance case!
Trump loses!
Trump loses!
The Court is UNANIMOUS in rejecting Trump’s argument that he is absolutely immune from state criminal grand jury subpoenas.
“Two hundred years ago, a great jurist of our Court established that no citizen, not even the President, is categorically above the common duty to produce evidence when called upon in a criminal proceeding.”
“We reaffirm that principle today and hold that the President is neither absolutely immune from state criminal subpoenas seeking his private papers nor entitled to a heightened standard of need.”
Chief Justice Roberts adds an important footnote emphasizing that the Court is fundamentally unanimous.
“The daylight between our opinion and JUSTICE THOMAS’s “dissent” is
not as great as that label might suggest. We agree that Presidents are neither absolutely immune from state criminal subpoenas nor insulated by a heightened need standard.”
not as great as that label might suggest. We agree that Presidents are neither absolutely immune from state criminal subpoenas nor insulated by a heightened need standard.”
The Court remanded for further proceedings in the district court, but in doing that it simply was affirming what the Court of Appeals did.
“The arguments presented here and in the Court of Appeals were limited to absolute immunity and heightened need. The Court of Appeals, however, has directed that the case be returned to the District Court, where the President may raise further arguments as appropriate.”
All in all, it’s a straightforward application of Jones v. Clinton, and it’s a huge loss for Trump.
In essence, the Court ruled exactly as I predicted here. https://www.washingtonpost.com/opinions/2020/05/08/george-conway-why-trump-will-lose-court/
In Trump v. Mazars, the Court takes a different approach to the congressional subpoenas.
By a vote of 7-2, the Court charts a middle-road approach between the standards proposed by Trump and by the House.
By a vote of 7-2, the Court charts a middle-road approach between the standards proposed by Trump and by the House.
