header-logo header-logo

20 May 2020 / Michael Zander KC
Issue: 7887 / Categories: Features , Constitutional law
printer mail-detail

Stormy waters for the president?

21127
Michael Zander on the oral arguments in the three cases against President Trump

The US Supreme Court heard oral argument on May 12 in the three major constitutional cases brought against President Trump—two by Congressional Committees seeking tax returns and other financial information in connection with legislative inquiries as to whether the president misstated his assets to avoid tax liabilities, the third by the Manhattan District Attorney seeking financial records, also including tax returns, in connection with criminal investigation of illegal hush money paid on the President’s behalf to porn star Stormy Daniels (for background see ‘Trump card: oral hearing postponed’, Michael Zander, NLJ, 03 April 2020, p22).

Judging by the oral hearing, it would be surprising if the Chief Justice achieves a unanimous ruling on all three cases.

Because of coronavirus the hearing was conducted remotely by teleconference accessible to the public. The Justices asked questions in order of seniority with the Chief Justice keeping strict time limits. There were two 90-minute sessions. The Justices and counsel alike were repeatedly stopped in mid-sentence by the Chief Justice

If you are not a subscriber, subscribe now to read this content
If you are already a subscriber sign in
...or Register for two weeks' free access to subscriber content

MOVERS & SHAKERS

Jurit LLP—Caroline Williams

Jurit LLP—Caroline Williams

Private wealth and tax team welcomes cross-border specialist as consultant

Freeths—Michelle Kirkland Elias

Freeths—Michelle Kirkland Elias

International hospitality and leisure specialist joins corporate team as partner

Flint Bishop—Deborah Niven

Flint Bishop—Deborah Niven

Firm appoints head of intellectual property to drive northern growth

NEWS
Talk of a reserved ‘Welsh seat’ on the Supreme Court is misplaced. In NLJ this week, Professor Graham Zellick KC explains that the Constitutional Reform Act treats ‘England and Wales’ as one jurisdiction, with no statutory Welsh slot
The government’s plan to curb jury trials has sparked ‘jury furore’. Writing in NLJ this week, David Locke, partner at Hill Dickinson, says the rationale is ‘grossly inadequate’
A year after the $1.5bn Bybit heist, crypto fraud is booming—but so is recovery. Writing in NLJ this week, Neil Holloway, founder and CEO of M2 Recovery, warns that scams hit at least $14bn in 2025, fuelled by ‘pig butchering’ cons and AI deepfakes
After Woodcock confirmed no general duty to warn, debate turns to the criminal law. Writing in NLJ this week, Charles Davey of The Barrister Group urges revival of misprision or a modern equivalent
Family courts are tightening control of expert evidence. Writing in NLJ this week, Dr Chris Pamplin says there is ‘no automatic right’ to call experts; attendance must be ‘necessary in the interests of justice’ under FPR Pt 25
back-to-top-scroll