The Trump “Injustice” Department under the corrupt leadership of Attorney General William “Coverup” Barr continues losing in court today when the Second Circuit Court of Appeals ruled 2-1 that Deutsche Bank and Capital One should comply with subpoenas from the House Financial Services and House Intelligence committees seeking information about Trump’s finances. Court says Deutsche, Capital One must comply with subpoenas on Trump:
President Donald Trump suffered another loss today in his effort to block House Democrats from obtaining his financial records, a matter that is now likely to make its way to the Supreme Court.
* * *
The subpoenas seek documents including tax returns, evidence of suspicious activity and, in the case of Deutsche Bank, any internal communications regarding Trump and his ties to foreign individuals.
Democrats are now one step closer to obtaining that information, even as they move ahead quickly with impeachment proceedings centered on the president’s interactions with Ukraine.
“The Committees’ interests in pursuing their constitutional legislative function is a far more significant public interest than whatever public interest inheres in avoiding the risk of a Chief Executive’s distraction arising from disclosure of documents reflecting his private financial transactions,” the 2nd Circuit panel said in its ruling.
Trump now has seven days to seek emergency relief from the Supreme Court, and the 2nd Circuit is ordering a process that will allow the president to object to specific items, like checks, that may be particularly personal and explain why those should be excluded.
Jay Sekulow, a lawyer for Trump, said the president is considering an appeal.
“In light of the Second Circuit decision, we are evaluating our next options including seeking review at the Supreme Court of the United States.“
It is not at all certain that the U.S. Supreme Court will grant certiorari in these cases, given the long-standing legal precedents, including Supreme Court precedents, which support enforcement of congressional subpoenas in pursuit of its constitutional oversight function.
There is no basis at law for the Trump administration’s expansive “unitary executive” theory that there can be no investigations and no prosecution of the president, including congressional investigations, i.e., that he enjoys “absolute immunity” which extends to his businesses and business associates, and others with whom he does business (in this case his banks and accountants).
Not even the Roberts Supreme Court is going to accept this radical theory. If the court agrees to consider this appeal, it will be for the purpose of rebuking the Trump administration’s radical theory, and likely in an expedited fashion. To do otherwise would eviscerate the rule of law and constitutional separation of powers, and usher in an authoritarian dictatorship. Chief Justice John Roberts does not want the end of the Republic to be his historical legacy.