I listened yesterday to the lawyers ‘ recent May 12, 2020 oral argument before the U.S. Supreme Court in the Congressional House’s subpoena attempts to obtain Trump’s tax returns and various other business records. The subpoenas were not served directly on Trump himself. The subpoenas are for tax returns and business records held by certain other third-parties for time periods prior to Trump’s election as president. This subpoena question is an extremely novel, and complex, separation of powers question.
Click here for the link to the U.S. Supreme Court webpage that includes the audio of the oral argument, as well as a pdf transcript of the argument.
I certainly have some thoughts from my lawyer perspective that touch on both sides of this subpoena issue. But, more important than my own view, is this opportunity for you to listen to the oral arguments yourself. Let me just say that the issue is not merely a simple, conclusory “What’s the problem? Just force them to turn over the records”. In my view, whatever conclusion the Supreme Court makes in response to this case will be constitutionally monumental. Your grandchildren will, no doubt, seriously study this case in their law school constitutional law classes.