CNN legal expert Jeffrey Toobin said that “all nine justices” on the U.S. Supreme Court rejected President Donald Trump’s claim of “absolute immunity” — which was dreamed by Trump lawyer Jay Sekulow — in his failed case to keep his tax returns away from New York County District Attorney Cy Vance who is seeking Trump’s tax returns in a criminal probe.
Despite his clear loss, Sekulow said in a statement that no materials from Trump will be immediately turned over to investigators, and he “will now proceed to raise additional Constitutional and legal issues in the lower courts,” notes Business Insider.
Toobin noted this loss for Trump may be a “practical victory” because Trump can continue his legal proceedings in a lower court (which is what Sekulow is planning to do):
All nine justices reject the position put forth by the president’s lawyers in this case. All nine justices say that the president does not have absolute immunity from a subpoena, and all nine agree that the case has to go back to district court.
This is a legal defeat for the president, but it may be a practical victory. The idea that the president can’t be subpoenaed is completely rejected but the Supreme Court, and that even the two dissenting justices agree on … the practical victory for the president is that the legal proceedings will continue.
It seems unlikely, given this opinion, that the president will ultimately be able to stop the disclosure of these events to the grand jury in Manhattan, but it’s going to take time. I mean, this process will begin again. The district court will get briefings. They may hear evidence. That will be appealed to the Second Circuit Court of Appeals, and then losing party will likely go back to the Supreme Court. All of this will take a while.
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