Alito: what keeps congress from using the president as a “case study” in considering legislation (i.e. anti-corruption legislation)?
(This is a surprising question - he seems open to this idea though I may be misunderstanding)
Stooge: can’t empower Congress in that way, oppressive requests will follow - Jimmy Carter’'s peanut farm records could have been subpoenaed! (LOLOLOLOL)
Sotomayor: Counsel, there is a long history of Congress seeking and getting Presidential records. In prior cases we have said a subpoena is valid if there is a CONCEIVABLE LEGISLATIVE PURPOSE. There is a big problem with your argument that there is a higher standard to be applied to an investigative subpoena. Are you saying the foreign interference isn’t a valid purpose / irrelevant?
Stooge: mumbles
Sotomayor: we are talking about documents before he became president and POTUS doesn’t have to do anything - only the accounting firm. How can he have more protection before being president than during his presidency
Stooge: number of issues, rambles
Sotomayor: the cases you’re about to cite pertain to privilege and dont matter
Kagan: congress and POTUS fight all the time. We’ve never addressed this because they have usually negotiated. Youre asking us to tip the scales in POTUS favor and make it impossible for congress to conduct oversight. Youre right, this isnt the last such case, which is exactly why we should reject your bullshit rule that POTUS has complete immunity from document production.
Stooge: unfortunate the house didn’t try to negotiate here (WHAT!!!)
Kagan: were not asking for executive records here, only records from when hes just a guy. There should be a lower, not higher, standard than for presidential records while in office
Stooge: theyre only asking now because hes president so he should get the presidential protection for prior records
Kavanaugh: Nixon standard - why not? How will your bs, invented standard work?
Stooge: can’t just assert broad purpose. If congress was deliberating over a specific statute they could potentially ask for presidential papers, but no way thats the case here
Let’s be really clear here… if they go 4-5 it’ll be opening the door for even a Biden to pack the court. These guys have a lifetime appointment and a lot of reason to want to at least maintain a facade of legitimacy. I’m expecting them to literally go 9-0 here. This argument is open and shut and they already did Trump his favor by agreeing to hear it and stalling the release of his financials a few months further.
I don’t follow this stuff closely, but can’t they just vote 9-0 to uphold precedent, and then Trump just pulls the lol fuck you card once again and doesn’t hand anything over.