Trump v. Vance
Issues
Does a sitting president enjoy absolute immunity from a grand-jury subpoena seeking 10 years’ worth of the president’s financial records, even if the subpoena was served on his accounting firm, and not himself?
This case asks the Supreme Court to decide whether a grand-jury subpoena served on the president’s accounting firm that demands 10 years’ worth of the president’s financial records comports with the Constitution. President Trump argues that Article II renders the president categorically immune to any criminal process while in office. This is especially so here, President Trump argues, where the Supremacy Clause asserts the primacy of federal interests over those of state courts, and where the criminal nature of the subpoena imposes a stigma. Vance counters that Article II and the Supremacy Clause do not apply where the particular legal process does not implicate or impinge on the president’s official conduct. Vance points to the Court’s centuries-long practice of enforcing presidential subpoenas. The outcome of this case will significantly affect local officials’ ability to launch investigations into matters concerning sitting presidents, as well as presidents’ immunity from grand jury investigations while in office.
Questions as Framed for the Court by the Parties
Whether a grand-jury subpoena served on a custodian of the president’s personal records, demanding production of nearly 10 years’ worth of the president’s financial papers and his tax returns, violates Article II and the Supremacy Clause of the Constitution.
In 2018, the District Attorney of the County of New York (“District Attorney”) initiated a grand jury investigation into “whether several individuals and entities have committed criminal violations of New York law.” Trump v.
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Additional Resources
- Jacques Singer-Emery, What ‘Trump v. Vance’ Holding Means for Presidential Corruption and Malfeasance, New York Law Journal (Dec. 17, 2019).
- James Nani, Vance Tells High Court Trump’s Immunity Claim ‘Flawed’, Law 360 (Feb. 26, 2020).
- Christina Ge, Trump v. Vance: An Assault on the Constitution, Brown Political Review (Jan. 8, 2020).