Did you know? The Patriot Post is funded 100% by its readers. Help us stay front and center in the fight for Liberty and support the 2024 Year-End Campaign.

July 10, 2020

SCOTUS Punts on Trump Tax Returns

The non-decision ensures that the issue will drag on past election day.

Thursday, the U.S. Supreme Court chose to avoid weighing in on the highly contentious and politically charged fight over President Donald Trump’s tax returns, and instead opted to throw the case back down to the lower courts.

Writing the majority opinion in the 7-2 ruling, Chief Justice John Roberts argued that the president “is neither absolutely immune from state criminal subpoenas seeking his private papers nor entitled to a heightened standard of need,” and that state prosecutors will need to provide evidence of a “heightened need” in order to compel Trump to turn over his tax records.

Both sides sought to claim victory, with Trump counsel Jay Sekulow straining to put a positive spin on things. “We are pleased that in the decisions issued today, the Supreme Court has temporarily blocked both Congress and New York prosecutors from obtaining the President’s tax records. We will now proceed to raise the additional Constitutional and legal issues in the lower courts.”

The president, however, was clearly not happy. “PROSECUTORIAL MISCONDUCT!” he tweeted. “The Supreme Court sends case back to Lower Court, arguments to continue. This is all a political prosecution. I won the Mueller Witch Hunt, and others, and now I have to keep fighting in a politically corrupt New York. Not fair to this Presidency or Administration! Courts in the past have given ‘broad deference’. BUT NOT ME!”

In fact, the two dissenting justices were Clarence Thomas and Samuel Alito, with the latter agreeing with Trump that the Democrats’ demands for his tax records smacked of suspect and political motivations. “Legislative subpoenas for a President’s personal documents are inherently suspicious,” Alito opined, adding that such documents “are seldom of any specific value in considering potential legislation.”

Furthermore, Alito writes, “It is not enough to recite sayings like ‘no man is above the law’ and ‘the public has a right to every man’s evidence.’ These sayings are true — and important — but they beg the question. The law applies equally to all persons, including a person who happens for a period of time to occupy the Presidency. But there is no question that the nature of the office demands in some instances that the application of laws be adjusted at least until the person’s term in office ends. … A President is an easily identifiable target, and there are more than 2,300 local prosecutors and district attorneys in the country. Many local prosecutors are elected, and many prosecutors have ambitions for higher elected office.”

The biggest problem with these rulings is the precedent it sets. As The Wall Street Journal argues, “The real import of the rulings is that the Supreme Court has weakened the Presidency by opening the gates to harassment by Congress and especially local prosecutors.”

The good news for Trump is that this fight will remain tied up in the courts, thus preventing Democrats from getting their hands on his tax records until well after the election.

Finally, as our Mark Alexander contends, “We don’t need to see a tax return from a billionaire who became president and gives his salary away. We want to see the tax returns of Demo politicians who became millionaires.”

Who We Are

The Patriot Post is a highly acclaimed weekday digest of news analysis, policy and opinion written from the heartland — as opposed to the MSM’s ubiquitous Beltway echo chambers — for grassroots leaders nationwide. More

What We Offer

On the Web

We provide solid conservative perspective on the most important issues, including analysis, opinion columns, headline summaries, memes, cartoons and much more.

Via Email

Choose our full-length Digest or our quick-reading Snapshot for a summary of important news. We also offer Cartoons & Memes on Monday and Alexander’s column on Wednesday.

Our Mission

The Patriot Post is steadfast in our mission to extend the endowment of Liberty to the next generation by advocating for individual rights and responsibilities, supporting the restoration of constitutional limits on government and the judiciary, and promoting free enterprise, national defense and traditional American values. We are a rock-solid conservative touchstone for the expanding ranks of grassroots Americans Patriots from all walks of life. Our mission and operation budgets are not financed by any political or special interest groups, and to protect our editorial integrity, we accept no advertising. We are sustained solely by you. Please support The Patriot Fund today!


The Patriot Post and Patriot Foundation Trust, in keeping with our Military Mission of Service to our uniformed service members and veterans, are proud to support and promote the National Medal of Honor Heritage Center, the Congressional Medal of Honor Society, both the Honoring the Sacrifice and Warrior Freedom Service Dogs aiding wounded veterans, the Tunnel to Towers Foundation, the National Veterans Entrepreneurship Program, the Folds of Honor outreach, and Officer Christian Fellowship, the Air University Foundation, and Naval War College Foundation, and the Naval Aviation Museum Foundation. "Greater love has no one than this, to lay down one's life for his friends." (John 15:13)

★ PUBLIUS ★

“Our cause is noble; it is the cause of mankind!” —George Washington

Please join us in prayer for our nation — that righteous leaders would rise and prevail and we would be united as Americans. Pray also for the protection of our Military Patriots, Veterans, First Responders, and their families. Please lift up your Patriot team and our mission to support and defend our Republic's Founding Principle of Liberty, that the fires of freedom would be ignited in the hearts and minds of our countrymen.

The Patriot Post is protected speech, as enumerated in the First Amendment and enforced by the Second Amendment of the Constitution of the United States of America, in accordance with the endowed and unalienable Rights of All Mankind.

Copyright © 2024 The Patriot Post. All Rights Reserved.

The Patriot Post does not support Internet Explorer. We recommend installing the latest version of Microsoft Edge, Mozilla Firefox, or Google Chrome.