The Supreme Court appeared divided on Tuesday during arguments in a set of cases over whether President Donald Trump can shield his tax records from state and congressional investigators.
Attorneys for the president faced skepticism from both liberals and conservatives over whether allowing Trump to keep his tax records shielded would unconstitutionally limit the power of Congress or put the president above the law.
The president’s personal lawyer, Jay Sekulow, who argued in the Vance case, said that Trump cannot be criminally charged by a state prosecutor while in office, much less subjected to a grand jury subpoena.
“The president isn’t above the law,” Justice Elena Kagan told him.
Several of the court’s conservatives, though, expressed concern that rulings against Trump could open up the presidency to a wave of burdensome investigations and requests for documents.
In the first argument of the day, over the congressional subpoenas, Roberts and Gorsuch joined the court’s four Democratic appointees in pressing Trump’s personal attorney Patrick Strawbridge and a Justice Department lawyer about their arguments for allowing Trump to keep the documents from investigators.
The cases involve subpoenas for Trump’s financial records issued by Democratic-led congressional committees to the president’s accounting firm, Mazars USA, and banks, Deutsche Bank and Capital One.
The committees have said they are pursuing investigations into potential money laundering, foreign interference in U.S. politics and whether Trump has properly disclosed his assets. Attorneys for Trump have asked the Supreme Court to reject the subpoenas on the basis that House Democrats lack a legitimate reason for investigating him.
Gorsuch and Roberts pressed Strawbridge, as well as DOJ attorney Jeffrey Wall, on why the court should not defer to Congress on whether it has a valid reason for its subpoenas.
“Why should we not defer to the House’s views about its own legislative purposes?” Gorsuch pointedly asked Strawbridge at one point. “Why is this subpoena not supported by a substantial legislative need?”
Roberts skeptically asked Wall whether the court should “be probing the mental processes of the legislators.”
“Should members of House committees be subject to cross examination on why you were really seeking the documents?” Roberts asked.