A federal appeals court today dismissed Trump’s appeal holding that the district court ruling ordering Trump to release his tax returns to the Manhattan DA was proper–essentially that Trump wasn’t immune from New York state prosecution. Moments after that ruling, one of Trump’s lawyers Jay Sekulow said they are going to appeal the decision to the U.S. Supreme Court. It is very well known however that the arguments Trump’s lawyers are advancing in federal court to keep his tax returns hidden are frivolous and that the whole reason for their court challenges is delay.
The question then becomes, why haven’t Democrats ever filed a motion with the U.S. Supreme Court asking it to intervene in the tax return and quite frankly other obstruction of congress cases that are at this juncture throwing the country into a constitutional crisis. Yours Truly broached this subject in an earlier tweet.
Importantly, there’s a good chance AG #Barr will appeal this very well reasoned federal judge’s ruling simply to “run down the clock”. If he does, Dems MUST directly petition #SCOTUS for a resolution. SCOTUS did that for #Trump, so it will be hard to ignore similar Dem petition— Emoluments Clause (@Emolclause) October 26, 2019
The U.S. Supreme court did indeed fast-track one of Trump’s immigration cases, handing down a decision even before the appellate courts could decide on the case. If it was good for the Roberts Supreme Court to honor Trump’s fast-track motion and short circuit his case, then why can’t the Roberts Supreme Court do the same for the co-equal U.S. Congress especially where, as here, there appears to be a constitutional crisis? Why won’t the U.S. Supreme Court do what’s best for the country and just hand down rulings on Trump’s tax returns, executive priviledge, whether a president can be criminally prosecuted, and many other cases that confront the country at this moment thus saving the country from Trump’s abuse of the court process for delay? Doesn’t the threat of a constitutional crisis far exceed the “extraordinary circumstances” bar the U.S. Supreme Court sets before it takes up extraordinary writ petitions?
Reasonable people will agree that Trump is not mounting these court challenges because he has meritorious legal arguments that will prevail in federal court. His only reason for these challenges is delay. The question for the Roberts Supreme Court therefore becomes whether they are comfortable being viewed by the public as being complicit in Trump’s stalling tactics by standing idly by as the country teeters into a constitutional crisis.
Bottom line folks, the Trump administration is like no other U.S. administration we have witnessed before. We are witnessing things right before our very eyes we’d never have thought possible in the United States. Equally troubling, the guard rails we thought we had in place to address some of these eventualities, especially the U.S. Senate, appear to have either fallen by the wayside or are actively helping Trump in his lawlessness. The only question remaining is whether the Roberts Supreme Court will step in and hand down the much needed legal decisions that are within its power to do, or like the U.S. Senate, they will just sit idly by and either watch or abet Trump’s lawlessness.
For those of you very happy with @Emolclause’s activism don’t shy away from the “tip jar” below on your way out.
You may reach the author via email at email@example.com or firstname.lastname@example.org