As Dems zero in on White House, Trump racks up court losses
Law Journals
President Donald Trump knows he has fierce Democratic adversaries in Congress. But there is also ample push-back from the Judiciary branch, where black-robed judges who sit in courtrooms just blocks from the Capitol and in New York City have repudiated his view of executive power.
Federal judges in the last two months have accused Trump administration lawyers of “openly stonewalling” and of regarding presidents as kings while also deriding Justice Department legal positions as “extraordinary,” “exactly backwards” and just plain “wrong.”
Taken together, the court rulings eviscerate the administration’s muscular view of executive power just as the impeachment inquiry against Trump accelerates. And they embolden Democrats in their pursuit of investigations into Trump’s government and finances.
The administration at least temporarily lost its bid to shield former White House counsel Don McGahn from being questioned by Congress. It argued unsuccessfully to withhold secret grand jury testimony from special counsel Robert Mueller’s Russia investigation. And lawyers for the president have tried to keep the president’s financial records away from Congress. In each instances, judges have overruled them.
To be sure, some of the most stinging losses have come from Democratic-appointed judges, and all could be overturned on appeal ? well after the impeachment inquiry has ended, or after congressional Democrats have lost their appetite for the desired testimony or records. The Supreme Court, for instance, has already put on hold a lower court ruling directing Trump to produce his financial records in a case that falls outside the impeachment inquiry.
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