Ruth Bader Ginsburg is the leader of the Supreme Court’s liberal bloc.
Ginsburg has never once accommodated a request from Donald Trump. Until now.
And Donald Trump asked Ruth Bader Ginsburg to make this decision that threw 2020 into chaos.
Donald Trump lost twice at the District and Circuit Court levels in his legal battle to block a Democrats’ subpoena of financial institutions to force those banks and accounting firms to turn over the President’s tax returns and other financial records.
The Democrats’ fight to get their hands on the President’s tax returns is their “break glass in case of emergency” plan to destroy Donald Trump in 2020.
Donald Trump’s lawyers had one last avenue of appeal and it rested with the Supreme Court.
The President’s lawyer could petition the Supreme Court for a temporary stay to block the Democrats’ subpoena demanding financial institutions turn over the President’s financial records.
President Trump’s lawyers did just that and rested their appeal on three main arguments.
“To receive such relief pending the filing and disposition of a petition for writ of certiorari, an applicant must show ‘(1) a reasonable probability that four Justices will consider the issue sufficiently meritorious to grant certiorari; (2) a fair prospect that a majority of the Court will vote to reverse the judgment below; and (3) a likelihood that irreparable harm will result from the denial of a stay,” the President’s legal team argued in requesting the stay.
The President’s lawyers argued that they met the first prong of this team because it was the President petitioning the court.
In their brief, Trump’s lawyers cited cases involving Bill Clinton and Dick Cheney to show that in past instances the Supreme Court did not treat the President and Vice President like ordinary petitioners.
The Supreme Court routinely grants cert to a President or Vice President because the issues they raise are of such great importance that only the Supreme Court can deliver the final word on the matter.
Trump’s lawyers argued the President met the second prong of the test – that President Trump was likely to win at the Supreme Court – because Congress issued the subpoenas for the President’s financial records under deceptive purposes.
In their brief, the President’s legal team argued that criminal investigations are the purview of the Executive Branch and that Congress may not launch legislative investigations when the true purpose is to discover criminal wrongdoing.
“Congress may not attempt to investigate wrongdoing under the guise of lawmaking; law-enforcement powers ‘are assigned under our Constitution to the Executive and the Judiciary,’” the brief stated.
Finally, the President’s lawyers argued that without a stay the institutions would be forced to turn over the President’s financial records and you can’t unring that bell.
“Without a stay, the banks will disclose the bulk of the Applicants’ records to the Committees, mooting the case as to those records, and irrevocably destroying Applicants’ legal right to keep them confidential,” the brief stated.
Once the Democrats got their hands on the President’s tax returns, they would leak whatever nuggets they could spin into a negative story about Trump and there was no remedy the court could offer the President at that point.
Shockingly, Ginsburg agreed with the President’s lawyers and granted the stay.
This almost assured that the Supreme Court will take up this case and settle this issue once and for all.
But that will delay the resolution for months as the Supreme Court could wait until June to hand down a decision on the matter.
One way or the other, the Supreme Court deciding this matter just months before the 2020 election has the potential to upend the presidential race.
Great American Daily will keep you up to date on any new developments in the 2020 Election.
