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They have read the diaries of President Ronald Reagan and the law-firm billing records of first lady Hillary Clinton.
Until now, instead, courts have always extended the utmost deference to congressional investigations, from the first Washington administration onward. The Trump administration cannot cite case law for any of its new demands.
It quotes few cases, very briefly and tangentially, and strikingly often with ellipses in the middle of the quote. Instead, it bases its argument on its own vision of the awesome and unassailable power of the presidency.
Oftentimes, such effusive compliments to the office of the presidency in the language of a Supreme Court decision serve as consolation prizes for some rebuffed claim of presidential power. Thompson—dated from and dealt with the aftermath of the bankruptcy of a big bond house, J. Cooke and Sons.
And even that case was effectively overruled in The courts are partisan and getting more so. Although Trump lost every round of this litigation, one appellate judge did agree with him on the merits : his own appointee to the D.
Circuit, Neomi Rao. It asks that Congress decide whether an act was unlawful before it begins its investigation of that act.
Plainly, there is something in those documents that Trump dre letting the world see. We now seem on track to one of three possible outcomes of this dispute.
The first is that precedent and law prevail. Trump loses his lawsuit against his ants and bankers, and the subpoenaed documents are surrendered to Congress.
The third is that Trump loses—but continues to devise new delays to thwart the subpoenas and defy not only Congress but also the courts. Every one of these possible outcomes le to explosive controversy in the summer before the election. In the first weeks, we are surely plunged into a screaming hurricane of Trump scandals.
In the second, the americann of the Supreme Court will be called into doubt in a way not seen in decades, if ever. And in the third, we confront a full-blown crisis of the rule of law.
Under all three scenarios, the issues raised by impeachment in early come roaring back for the election finale. There is so much more to come.