General Discussion
Related: Editorials & Other Articles, Issue Forums, Alliance Forums, Region ForumsHow do you think the SCOTUS would vote on testifying
if he refuses to comply with a subpoena?
https://www.quora.com/Can-Trump-refuse-a-subpoena-from-Mueller-to-testify
DemocratSinceBirth
(99,719 posts)Brian xxxxxxx <xxxxxxxxxxxx@gmail.com>
May 8 (4 days ago)
to larry
How do you think SCOTUS would vote on a presidential subpoena. I count at least six votes to enforce it: Ginsburg, Breyer, Kagan, Sotomayor, Kennedy, and Roberts.
i was watching a CNN panel with Jeffrey Toobin and a Republican law professor.* Toobin said in Jones v Clinton the Court ruled unanimously his testimony could be compelled and civil courts have a lower bar than criminal courts The Republican law professor basically said the president can't be subpoenaed because it would take too much time to prepare for it, smh. She also said there were no underlying crimes for which Trump can be investigated for. Toobin immediately said obstruction of justice. She said there can be no obstruction of justice because firing people is part of his plenary powers. That's where the segment ended. The principle that any exercise of power, plenary or otherwise. becomes illegal if done with a corrupt intent.
Brian
* She's the one you appeared on CNN with
Larry Tribe <larry@tribelaw.com>
May 8 (4 days ago)
to me
I count the same six plus a good chance of Gorsuch.
Laurence H. Tribe
Carl M. Loeb University Professor and
Professor of Constitutional Law
Harvard Law School
Sent from my iPhone
Larry Tribe <larry@tribelaw.com>
May 8 (4 days ago)
to me
And Thomas did join the Stevens opinion in Clinton v Jones, after all. So it could be 9-0.
_____________________________________________
It's a no brainer. If a president can resist a lawfully issued subpoena he's not an executive, he's a monarch. There might be questions that are covered under executive privilege but he can't refuse to answer all questions.
NightWatcher
(39,343 posts)Didn't the courts say that Clinton had to answer his subpoena? I don't care about civil or criminal, he had to answer.
https://supreme.justia.com/cases/federal/us/520/681/case.html
DemocratSinceBirth
(99,719 posts)The Velveteen Ocelot
(115,976 posts)The Supreme Court said Nixon had to produce the "smoking gun" tape. The legal principles applied to testifying under subpoena are essentially the same as those for producing documents under subpoena.
NightWatcher
(39,343 posts)DemocratSinceBirth
(99,719 posts)Response to BigmanPigman (Original post)
Cicada This message was self-deleted by its author.
davekriss
(4,643 posts)DemocratSinceBirth
(99,719 posts)Who are the five votes and what section of the Constitution, prior case, or statute do they rest their decision on ?
I'll go with Laurence Tribe who has argued before the Supreme Court over twenty times and predicts it will be a 6-3 to 9-0 decision in favor of him testifying.
Kagan, Sotomayor, Breyer, and Ginsburg are locks. Kennedy is a near lock as is Roberts. The other three will likely come along.
struggle4progress
(118,379 posts)is unlikely to send them the question. So the question really becomes one of political organizing
DemocratSinceBirth
(99,719 posts)They would have a hard time not granting cert.