Until today, I always believed that Stephen Colbert’s Ben & Jerry ice cream was the world’s most delectable treat. I stand corrected.
The new best flavor is the U.S. Supreme Court decision – joined by Trump appointees Neal Gorsuch and Brett Kavanaugh (!) – which says that the boy king has no right to wear a crown. They ruled that his financial records and tax returns can be released to the Manhattan district attorney -who’s conducting a criminal probe.
Trump’s lawyers had insisted that Trump enjoyed “presidential immunity,” that he was essentially above the laws that govern mere mortals, but the high court, in its 7-2 ruling, with John Roberts writing, gave us this:
In our judicial system, “the public has a right to every man’s evidence.” Since the earliest days of the Republic, “every man” has included the President of the United States...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...(T)the public interest in fair and effective law enforcement cuts in favor of comprehensive access to evidence.
We needed to hear the Republican-led court affirm that important principle; after all, Richard Nixon had to cough up his Watergate tapes after a unanimous court verdict in 1974, and Bill Clinton was compelled to deal with a sexual harassment lawsuit after a court ruling in 1997. Trump had argued for total immunity in the lower federal courts, and he had lost six times out of six.
The good news, today, is that not even Trump’s two appointees were prepared to buy the fake argument that a president is unilaterally above the law (especially a “president” who is likely compromised by a tyrannical foreign power and is under criminal investigation for, among other things, making hush money payments to two women). The Manhattan DA, Cyrus Vance, is now entitled to acquire Trump’s financials from his accounting firm and from two banks where Trump has done business. The firm and the banks have already said they’d comply with Vance’s grand jury subpoenas.
The bad news, however, is that voters aren’t likely to get the lowdown on Trump’s financials in time for the election. The grand jury proceedings are secret, and the high court left the door open for Trump to keep fighting. But Vance says he’s happy: “Our investigation, which was delayed for almost a year by this lawsuit, will resume, guided as always by the grand jury’s solemn obligation to follow the law and the facts, wherever they may lead.” And Trump is whining on Twitter that the ruling was “not fair.”
The other bad news is that the high court, in a separate ruling, said that three House Democratic committees – all of whom have sought Trump’s financials – cannot get what they want…not yet, anyway. There will apparently be more skirmishing, in the lower courts, over whether the House has the right to conduct its oversight, or whether their subpoenas intrude on executive power. In short, it’s unlikely that voters, before the election, will get the lowdown from Congress either.
The high court left open the possibility that Trump can reasonably argue that all the subpoenas prevent him from doing his job as president, a claim that’s hilarious on its face – given all the time he spends golfing, tweeting, watching TV, and surrendering to the worsening pandemic. But you know how lawyering goes. It’s slow and the arguments are abstruse. Trump knows how to string things out in the courts; he’s been doing that ever since the ’70s, when Roy Cohn helped him fight racial discrimination charges.
But, as Joe Biden would say, here’s the deal:
A dearth of discosures probably won’t matter at election time. The good news outweighs the bad.
A landslide majority of Americans have long concluded that Trump doesn’t respect democratic norms, and that he’s manifestly dishonest. Those perceptions are already baked in the cake. The more he fulminates about the subpoenas and stews publicly about the high court rulings (“PRESIDENTIAL HARASSMENT!”), the easier it is for voters outside his cult to reaffirm their correct belief that he’s hiding potentially damaging evidence. And as former U.S. Solicitor General Neal Katyal points out, “If I am Donald Trump, I am scared right now. Whether or not it comes before or after the 2020 election, Cy Vance is gonna get this material and it looks pretty damaging to Donald Trump.”
Indeed, if Trump has nothing to hide, why keep obstructing?
After all, here’s what he said in 2014: “If I decide to run for office, I’ll produce my tax returns, absolutely, and I would love to do that.” And this, in 2016: “I have everything all approved and very beautiful.”
So fork them over already.
Would someone please tell me how, when Trump goes on trial, I can volunteer to sit on the jury.