The Supreme Court on Thursday rejected President Trump’s assertion that he enjoys absolute immunity from investigation while in office, allowing a New York prosecutor to pursue a subpoena of the president’s private and business financial records.
In a separate case, the court sent a fight over congressional subpoenas for the material back to lower courts because of “significant separation of powers concerns.” Since both cases involve more work at the lower level, it seems unlikely the records would be available to the public before the election.
Combined, the decisions offer the court’s most detailed examination of presidential power and congressional authority in decades, and Chief Justice John G. Roberts Jr. wrote for the majority in both 7 to 2 decisions. The court seemed to avoid some tough questions in an attempt to achieve greater agreement.
