Big Win For President Trump !

As we expected the Supreme Court has granted the petition for a writ of certiorari and will hear cases related to attempts to gain President Trump financial records and tax filings.
The Supreme Court has issued a stay upon all lower court action and consolidated the cases into one writ.  The court will hear arguments in March and release a ruling later in the summer of 2020.
President Trump went to the Supreme Court after the House Financial Services and Intelligence Committees issued subpoenas to Deutsche Bank and Capital One seeking President Trump’s tax records. In his request to the court [Read Here] Trump asked SCOTUS to block the subpoenas on the ground they go beyond the committees’ powers.
Justice Ginsburg stayed the lower court decision and ordered the House of Representatives to file a response by Wednesday, December 11.  The cases and issues were then discussed at their private SCOTUS conference.  Today’s writ is the outcome.
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Former Trump foreign policy adviser Carter Page discusses the details of the IG report, allegations of FISA court abuse and his future plans to sue the DOJ and FBI:

Shortly after 6pm this evening Supreme Court Justice Justice Ruth Bader Ginsburg put a prior 2nd Circuit ruling on hold until next Friday, December 13, at 5 p.m.

President Trump went to the Supreme Court after the House Financial Services and Intelligence Committees issued subpoenas to Deutsche Bank and Capital One seeking President Trump’s tax records. In his request to the court [Read Here] Trump asked SCOTUS to block the subpoenas on the ground they go beyond the committees’ powers.
Justice Ginsburg’s order tonight gives the justices time to rule on Trump’s request for a longer stay of the lower court’s decision while he files a petition for review. Ginsburg ordered the House of Representatives to file a response to Trump’s request by 11 a.m. on Wednesday, December 11.
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With the House calendar extended to December 20th it now appears the full House vote on articles of impeachment will take place within this year. Today, Speaker Nancy Pelosi announced her instructions to House Judiciary Chairman Jerry Nadler to assemble the formal articles of impeachment to be brought to the House floor.

~ Read Speaker Pelosi Announcement HERE ~

Speaker Pelosi did not provide many details; however, Democrats have said they are considering multiple articles of impeachment against Trump including abuse of power, obstruction of justice and obstruction of Congress. The House Judiciary Committee is expected to draw up articles of impeachment as soon as next week.
This is the first time in History that articles of impeachment will be assembled without an official full house vote to initiate the impeachment process. This is also the first impeachment effort without the House attaining recognized judicial enforcement authority.  The vote will take place before the Supreme Court weighs-in on the legal framework for the House effort. The House judicial enforcement authority, not being recognized by the Supreme Court, likely had a strong bearing on the timing.
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The Supreme Court has issued a ruling maintaining the block against House Democrats receiving President Trump’s tax returns.  The one paragraph order [pdf here] essentially maintains the stay and requests the Trump administration to file a formal request for review by the court, a “writ of certiorari”, by December 5th (noon).

It seems likely, almost certain, the House Democrat leadership was expecting this outcome; hence their earlier request for the Supreme Court to delay this predictable ruling for ten days.
The administration will almost certainly file the formal request for review by the court; and if the request is granted (very likely considering the wording of the order), the Supreme Court will hear the arguments in the spring of 2020 with a ruling sometime around June 2020 to settle the issue once and for all.
The underlying House case has several defects.
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This decision (full pdf below) was easily predicted for the past several weeks.  The HJC -vs- White House case for McGahn testimony will be appealed and join the HJC -vs- White House case surrounding grand jury information in the DC appellate court.

WASHINGTON — A federal judge ruled late Monday that former White House counsel Don McGahn must obey a subpoena for his testimony issued by the House Judiciary Committee.

Federal District Court Judge Ketanji Brown Jackson [pictured right] said McGahn must appear before Congress but retains the ability to “invoke executive privilege where appropriate” during his appearance. The judge did not put her own ruling on hold, but the Trump administration will likely seek one to put the effect of her ruling on hold while it pursues an appeal. (link)

Nancy Pelosi and House Judiciary Committee Chairman Jerry Nadler need a full House impeachment authorization vote to try and overcome the current obstacles they are facing.  The authority for the House Judiciary Committee (HJC) to penetrate the constitutional firewall that protects the separation of power in the main issue; but there are other structural/legal issues that also exist.
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US Supreme Court Justice Ruth Bader Ginsburg, 86, has been admitted to hospital suffering chills and a fever, the Supreme Court said in a statement:

SCOTUS – Justice Ruth Bader Ginsburg was admitted to Johns Hopkins Hospital in Baltimore, Maryland, last night after experiencing chills and fever earlier in the day. She was initially evaluated at Sibley Memorial Hospital in Washington, D.C. before being transferred to Johns Hopkins Hospital for further evaluation and treatment of any possible infection.
With intravenous antibiotics and fluids, her symptoms have abated and she expects to be released from the hospital as early as Sunday morning. Further updates will be made when available. (link)

There are three current court cases that touch upon whether the House “impeachment inquiry” is following a constitutional process.

♦The first case is the House Oversight effort to gain President Trumps’ tax returns as part of their impeachment ‘inquiry’ and oversight.  That case is currently on-hold (10-day stay) in the Supreme Court; outcome pending.
♦The second case is the House Judiciary Committee (HJC) effort to gain the grand jury information from the Mueller investigation.  The decision by DC Judge Beryl Howell was also stayed by a three member DC Appellate court.  Oral arguments were November 12th, the decision is pending. [Depending on outcome, could also go to SCOTUS]
♦The third case is the HJC effort to force the testimony of former White House legal counsel Don McGahn.  Issue: subpoena validity.  The HJC has asked for an expedited ruling. Judge Ketanji Brown Jackson has announced she will deliver her ruling on Monday, November 25th:

WASHINGTON DC – […] “The Judiciary Committee anticipates holding hearings after HPSCI’s public hearings have concluded and would aim to obtain Mr. McGahn’s testimony at that time,” the committee wrote, referring to the impeachment inquiry hearings led by the House Intelligence Committee. “Thus, there is an urgent need for final resolution of the matter now pending before this Court.”

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The Supreme Court has halted a lower court ruling that granted the Committee on Oversight and Reform access to President Trump’s tax returns.  However, that’s not necessarily the lede.
The issue at stake is whether the legislative branch can penetrate the constitutional firewall which exists within the separation of powers. The House issued a subpoena in February for eight years of the president’s tax returns, which the Committee then later argued was part of the September House impeachment investigation.

All of the surrounding court rulings are predicated on accepting a constitutional process for an official impeachment investigation is underway.  However, the Supreme Court will hear arguments that will likely challenge that assertion.  To wit, within the buried lede to the background issue we find this paragraph:

On Monday, Douglas Letter, general counsel for the House Committee on Oversight and Reform, had sent a letter to the court, agreeing to a brief 10-day stay while the parties filed their court papers debating the need for an injunction while the case is being considered. (link)

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There is an important granular aspect to the validity of the House impeachment process that few are paying attention to.  If the HJC loses this case in the DC Appellate Court, it means there is no constitutional foundation recognized to the “impeachment inquiry.”
Without the constitutional recognition of the judicial branch then: (a) Pelosi/Lawfare have to restart the process with a genuine House vote; or (b) the ongoing impeachment process will have no recognized constitutional standing; and (c) the Senate could ignore any House impeachment vote, cast without recognized constitutional standing.

BACKSTORY: On October 25th DC Judge Beryl Howell granted the House Judiciary Committee (HJC) request for legal authority to receive 6e grand jury material underlying the Mueller report.
Additionally, and most importantly, within the Howell decision she officially recognized the HJC effort was predicated on a constitutional impeachment process.  In essence Howell’s opinion granted the HJC with “judicial enforcement authority.”
The DOJ moved to appeal the decision and requested a “stay” pending appeal.  Judge Howell rejected the DOJ “stay” motion.
The DOJ then appealed to the DC Court of Appeals.  A panel of three judges issued an “administrative stay”, blocking enforcement of the Howell ruling while the appeal was reviewed.  The DC Appellate Court has now scheduled the arguments within the appeal.
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