How do you think the SCOTUS would vote on testifying

[BigmanPigman]

if he refuses to comply with a subpoena?

https://www.quora.com/Can-Trump-refuse-a-subpoena-from-Mueller-to-testify

[DemocratSinceBirth]

1. This

Brian xxxxxxx <[e-mail]>
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 <[e-mail]>
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 <[e-mail]>
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]

2. Stare Decisis? Hasn't this precedent been set?

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]

3. 9-0 . Let that sink in .

[The Velveteen Ocelot]

4. United States v. Nixon.

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]

5. There should be no doubt that trump would be forced to answer Mueller

[DemocratSinceBirth]

6. Unanimous decision in that one too.

[davekriss]

8. 5-4 to let Trump slide without consequences

[DemocratSinceBirth]

10. Who are the five votes ?

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]

9. The court would dodge the question if possible; and Mueller, knowing that,

is unlikely to send them the question. So the question really becomes one of political organizing

[DemocratSinceBirth]

11. It would be hard to avoid if the lower courts decide against Trump and he appeals.

They would have a hard time not granting cert.