Trump v. Vance (2020) by Ms. Feser https://padlet.com/srfeser001/3hw4w5838jr1p2ny en-us 2020-10-19 21:26:02 UTC 2025-04-24 12:29:11 UTC hello@padlet.com Roberts Court srfeser001 https://padlet.com/srfeser001/3hw4w5838jr1p2ny/wish/842873489 Chief Justice:
John Robert (Bottom row, middle)
Associate Justices:
(Top row, left to right)
  • Neil Gorsuch
  • Sonia Sotomayor
  • Elena Kegan 
  • Brett Kavanaugh 
(Bottom row, left to right, skipping John Roberts)
  • Stephen G. Breyer
  • Clarence Thomas
  • Ruth Bader Ginsberg
  • Samuel Alito
]]> 2020-10-19 21:28:58 UTC https://padlet.com/srfeser001/3hw4w5838jr1p2ny/wish/842873489 Case Background srfeser001 https://padlet.com/srfeser001/3hw4w5838jr1p2ny/wish/842895726
  • New York County District office subpoenaed Trump's financial records in a criminal investigation.
  • Trump sues District Attorney in Federal Court, claiming presidential immunity to state criminal investigation
  • Federal Court dismisses case cites Younger v. Harris, says president is not granted immunity
  • U.S. Court of Appeals for the Second Circuit agrees that president is not granted immunity, but Younger v. Harris did not apply in this case
    • ]]>     2020-10-19 21:41:46 UTC https://padlet.com/srfeser001/3hw4w5838jr1p2ny/wish/842895726     Petitioner's Oral Argument srfeser001 https://padlet.com/srfeser001/3hw4w5838jr1p2ny/wish/842919629
  • Article II Grants the President Immunity
  • Supremacy Clause  defeats any District Attorney's Authority
  • By allowing this subpoena, it opens any sitting president to harassment
  • Petitioner states this is based off of prejudice against the president, and insinuates it is an act of partisanship by democrats
    • ]]>     2020-10-19 21:56:07 UTC https://padlet.com/srfeser001/3hw4w5838jr1p2ny/wish/842919629     Respondent's Arguments srfeser001 https://padlet.com/srfeser001/3hw4w5838jr1p2ny/wish/842939526
  • Presidents must comply with the legal process for "private actions" like all other American citizens
  • President is not above the law when it pertains to criminal investigations, they are only immune from investigation of official actions and criminal prosecution
  • The Subpoena does not violate Article II, the Supremacy Clause, and is not an act of Partisanship
  • The actions subpoenaed happened before President was in office, and by granting him temporary immunity while he is in office may cause the statue of limitations to pass, meaning the president will never be tried

    • ]]>     2020-10-19 22:08:43 UTC https://padlet.com/srfeser001/3hw4w5838jr1p2ny/wish/842939526     Lower Court srfeser001 https://padlet.com/srfeser001/3hw4w5838jr1p2ny/wish/842955951 United States Court of Appeals for the Second Circuit
    Decision: President's Immunity in Criminal Proceedings does not apply to a criminal investigation]]>     2020-10-19 22:19:33 UTC https://padlet.com/srfeser001/3hw4w5838jr1p2ny/wish/842955951     Supreme Court Case Question and Answer srfeser001 https://padlet.com/srfeser001/3hw4w5838jr1p2ny/wish/842962029 Q: Does a State County Prosecutor have the authority to  subpoena a private agencies for a citing President's tax records, in which the president is unable to claim executive privilege?
    A: Article II and the Supremacy Clause do not prevent, or require a higher standard, to issue a Subpoena to a sitting president for a State Criminal Case.
    Vote: 7-2 ]]>     2020-10-19 22:23:46 UTC https://padlet.com/srfeser001/3hw4w5838jr1p2ny/wish/842962029     Opinion of the Court srfeser001 https://padlet.com/srfeser001/3hw4w5838jr1p2ny/wish/842990478 Majority Opinion authored by John Roberts
    • Cited Supreme Court Precedent Clinton v. Jones (1997) which stated a federal criminal subpoena does not hinder with a president's ability to function as president
    • Cited Burr v. United States (1807) stating a president is not held to a higher standard under the law than any other citizen in private affairs

    ]]>     2020-10-19 22:43:02 UTC https://padlet.com/srfeser001/3hw4w5838jr1p2ny/wish/842990478     Concurring and Dissenting Opinions srfeser001 https://padlet.com/srfeser001/3hw4w5838jr1p2ny/wish/843005461 Concurring authored by Brett Kavanaugh
    Cited United States v. Nixon, stating the prosecutors exhibited a need for President's information
    Dissenting Opinions Authored by Thomas and Alito
    • Thomas said while the president is not granted immunity in the cases of subpoena, he can be granted a relief from it being enforced
    • Alito stated a president is offered greater protection from State Laws than Federal Laws
    ]]>     2020-10-19 22:54:18 UTC https://padlet.com/srfeser001/3hw4w5838jr1p2ny/wish/843005461     Judicial Activism or Restraint? srfeser001 https://padlet.com/srfeser001/3hw4w5838jr1p2ny/wish/843028943 Judicial Restraint
    • This Supreme Court decision did not create any new policy or overturn any court case 
    • It used Supreme Court precedents like Clinton v. Jones, which involved a state civil suit, and United States v. Nixon, involving a federal criminal subpoena, and applied it to Trump's subpoena in a state criminal investigation
    ]]>     2020-10-19 23:11:09 UTC https://padlet.com/srfeser001/3hw4w5838jr1p2ny/wish/843028943     Trump v. Vance srfeser001 https://padlet.com/srfeser001/3hw4w5838jr1p2ny/wish/854554449 Syllabus and Court Opinions]]> 2020-10-23 00:07:26 UTC https://padlet.com/srfeser001/3hw4w5838jr1p2ny/wish/854554449