The Daily

The Constitutional Clash on a Conference Call

May 13, 2020
Adam Liptak, Supreme Court reporter for The New York Times, dives into a historic remote debate on presidential power regarding Trump’s financial records and personal affairs. He unravels the clash between congressional subpoenas and executive privilege, highlighting justices' contrasting views on accountability. Liptak discusses the constitutional implications of presidential immunity and the tension it creates within the legal framework. Additionally, he offers insights into the state of the pandemic and the emerging debates around public health guidance and trust.
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INSIGHT

Presidential Power and Records Access

  • The Supreme Court debated presidential power and access to Trump's records.
  • Two cases involved subpoenas for Trump's tax returns, one from Congress and another from Manhattan prosecutors.
ANECDOTE

House Subpoenas Case

  • Congressional committees subpoenaed Trump's business records, citing oversight responsibilities.
  • Trump's lawyer argued this was partisan harassment, while justices questioned the subpoenas' breadth and historical precedent.
INSIGHT

Conservative Justices' Concerns

  • Conservative justices sought limits on congressional subpoena power, requiring a clear link to legislative purpose.
  • A potential outcome is sending the case back to lower courts with stricter standards.
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