[U] Supremes Come Out, 7-2 — Against Trump — On His Financial Papers… Win, In Vance — Push, In Mazars.

Well, we learned this morning of significantly increasing peril, for future criminal indictments, out of New York, against Donald Trump — perhaps in early 2021. See, Trump v. Vance. . . just as we said, Trump must comply with criminal subpoenas, out of New York. . . grin. . . but more coming.

Getting my hands on Mazars now. . . But this is a quote from the 7-2 opinion, in Vance:

. . . .But, like Marshall two centuries prior, the Court recognized the countervailing interests at stake. Invoking the common law maxim that “the public has a right to every man’s evidence,” the Court observed that the public interest in fair and accurate judicial proceedings is at its height in the criminal setting, where our common commitment to justice demands that “guilt shall not escape” nor “innocence suffer.” Id., at 709 (internal quotation marks and alteration omitted). Because these dual aims would be “defeated if judgments” were “founded on a partial or speculative presentation of the facts,” the Nixon Court recognized that it was “imperative” that “compulsory process be available for the production of evidence needed either by the prosecution or the defense.” Ibid.

The Court thus concluded that the President’s “generalized assertion of privilege must yield to the demonstrated, specific need for evidence in a pending criminal trial.” Id., at 713. Two weeks later, President Nixon dutifully released the tapes. . . . .

In a statement, Mr. Vance called the decision “a tremendous victory for our nation’s system of justice and its founding principle that no one – not even a president – is above the law.”

Our investigation, which was delayed for almost a year by this lawsuit, will resume, guided as always by the grand jury’s solemn obligation to follow the law and the facts, wherever they may lead,” Vance said. . . .

[Completely separately, in the first case, called McGirt v. Oklahoma, Gorsuch sided with the liberal wing. He’s surprising me, in many ways. In a good way, and as another Colorado-educated lawyer, I’m smiling. “For purposes of the Major Crimes Act, land reserved for the Creek Nation since the 19th century remains ‘Indian country’. . . .”]


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