The
two decisions surrounding Trump's submission of his taxes, in my
opinion, were a decided defeat for Trump. The first regarding grand
jury subpoenas brought by the Southern District of New York and in the
second regarding Congressional subpoenas Chief Justice John Roberts who
wrote for the majority said “No citizen, not even the president, is
categorically above the common duty to produce evidence when called upon
in a criminal proceeding.” Justices Kavenaugh and Gorsuch, Trump
conservative appointees,
joined with the majority. While it is true that the cases are being
sent back to the district courts for clarification and that it is
unlikely the electorate will see Trump's taxes before the election,
(except in the Grand Jury of the Southern District of New York case which
can move quickly) the Court reaffirmed the democracy saving value that
no one is above the law. Moreover, the electorate may not look kindly
on a president who, unlike any other president, refuses to release his
taxes the electorate has a right to know. What is he trying to hide?
The
SCOTUS findings on Trump's taxes is no small thing. If the decision had
gone as Trump wished that the executive occupies a unique position in
this government and should be held to a different more exceptional
insulated standard than anyone else it would have subverted the very
essence of the unique balance of power democracy our nation has been
since its founding and which has been an example to the world in the
panoply of governing. It would have placed him and other succeeding
presidencies squarely above the law.
This
demonstrates one cannot always predict SCOTUS. Sometimes findings are a
true effort of the Court to preserve our founding document, the
Constitution, and justices make an effort to enshrine SCOTUS as a
non-political third branch of government the Founders intended it to be.
The recent SCOTUS decisions reinforce the Constitutional mandate of the
balance of power reaffirming the second branch of government, the
Executive branch, is not above the law.
Kudos
directed to the Court for threading the needle ever so delicately in
favor of our American balance of power experiment of democracy and the rule of law hoping too Trump's taxes at least as to the Southern District of New York may appear sooner than expected.
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