Supreme Court questions limits of congressional subpoena power, presidential immunity in Trump tax return cases
Justice Sonia Sotomayor questioned the validity of using the president as a "case study" for potential future legislation. She said this could violate restrictions against exposing for the sake of exposure.
Justice Neil Gorsuch said that normally law enforcement measures are taken to investigate evidence of a particular crime, not to look into an individual to see if a crime had been committed.
"This has become a pitched battle," Justice Ruth Bader Ginsburg observed, recognizing Trump's refusal to publicly release his tax records, as recent presidents have done. Ginsburg added that there have been many more burdensome subpoena requests to presidents than the current ones that were complied with.
She and Justice Elena Kagan noted previous accommodation and cooperation between the two political branches avoided similar impasses.
Ginsburg also addressed concerns that Congress could use their power to harass a political rival. Letter stated that precedent from the Clinton v. Jones case says the court is there to keep any political harassment of the president in check.
Justice Clarence Thomas questioned the extent Congress could act on requests for private financial information.
"It could be every grand jury, every prosecutor," said Thomas. "It gets out of control," adding the result could be that it "debilitates the president."
Letter acknowledged that a "massive" number of subpoenas to the president could be a problem if it overloads the White House, but he claimed that there is no danger of this here because the subpoenas are for financial institutions, not him. Trump is not being asked to do anything, he said.
Justice Stephen Breyer pushed back on this argument, stating that it would take "time and effort" for the president to deal with subpoenas, even if they are for third parties, if he wants to "monitor" what documents are involved so he could determine if any privileges apply or figure out how to answer any questions.
Supreme Court questions limits of congressional subpoena power, presidential immunity in Trump tax return cases