WASHINGTON -- "Has there ever been," the judge asked, "an instance of such broad-scale defiance of a congressional request for information in the history of the Republic?"It was the first Friday of the new year, and an appeals court was considering whether President Donald Trump could
WASHINGTON — “Has there ever been,” the judge asked, “an instance of such broad-scale defiance of a congressional request for information in the history of the Republic?”
It can be hard to keep track of the lawsuits seeking information from Trump, his associates, his accountants and his bankers. Three of them are already before the Supreme Court. In 2015, the Supreme Court left open, as Justice Ruth Bader Ginsburg put it, “the question whether Congress has standing to bring a suit against the president.” She noted that “a suit between Congress and the president would raise separation-of-powers concerns.”
In its appeals court brief, the administration said the issues in the case were both momentous and novel. “For only the second time in our nation’s history,” the administration told the appeals court, “a court has ordered a close presidential adviser to appear and testify before Congress.” The D.C. Circuit, however, has said that “the mere fact that there is a conflict between the legislative and executive branches over a congressional subpoena does not preclude judicial resolution of the conflict.” It drew support from United States v. Nixon, the 1974 Supreme Court decision requiring President Richard Nixon to turn over tapes of conversations with aides, calling that “an analogous conflict between the executive and judicial branches.
“Congress has plenty of remedies,” he said, including cutting off money or refusing to confirm nominees. “Appropriations power. Confirmation power. Impeachment power. There are lots of remedies that have been used for a long time. What’s wrong with those?”
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