WASHINGTON — The Supreme Court is set to hear arguments on Tuesday on whether President Trump can block the release of his financial records, setting the stage for a ruling on the power of presidents to resist demands for information from prosecutors and Congress.
Here is a look at the proceedings, the players and the issues.
When will the arguments take place?
The court will consider two sets of cases, with one scheduled to start at 10 a.m. and the second an hour later. The first concerns subpoenas from two House committees, and the second a subpoena from the Manhattan district attorney, Cyrus R. Vance Jr., a Democrat. Both arguments are very likely to last much longer than the usual hour.
Can I listen?
Yes. Since the court started hearing arguments by telephone last week in response to the coronavirus pandemic, it has provided a live audio feed. That has never happened before, and it will give the public a rare opportunity to listen in live to arguments that could reshape the balance of power among the three branches of government. We’ll feature it on nytimes.com.
What are the issues in the cases?
Broadly speaking, they concern whether Mr. Trump can block subpoenas to his accountants and bankers from House committees and New York prosecutors.
What happens if Mr. Trump loses?
The accounting firm and the banks have indicated that they will comply with the subpoenas. Had the subpoenas sought evidence from Mr. Trump himself, there was at least a possibility that he would try to defy a ruling against him, prompting a constitutional crisis.
What information do the House committees seek?
The House Oversight and Reform Committee is investigating hush-money payments to a pornographic film actress and whether Mr. Trump inflated and deflated descriptions of his assets on financial statements to obtain loans and reduce his taxes. The House Financial Services and Intelligence Committees have sought an array of financial records related to the president, his companies and his family.
What have Mr. Trump’s lawyers said?
They contend that the committees have no legitimate need for the information.
What is the House’s response?
Lawyers for the House say the information is needed to allow it to conduct oversight and to draft legislation.
What information does Mr. Vance seek?
He wants eight years of business and personal tax records in connection with an investigation of the role that Mr. Trump and the Trump Organization played in hush-money payments made in the run-up to the 2016 election. Mr. Trump and his company reimbursed the president’s former lawyer and fixer, Michael D. Cohen, for payments made to the pornographic film actress Stormy Daniels, who said that she had an affair with Mr. Trump.
What have Mr. Trump’s lawyers said?
They contend that he is absolutely immune from criminal investigation while he is in office. They add that allowing state and local officials to subpoena sitting presidents could subject them to politically motivated harassment.
What is Mr. Vance’s response?
Mr. Vance said the Supreme Court’s decision in United States v. Nixon in 1974, which required President Richard M. Nixon to disclose tapes of Oval Office conversations, essentially decided the central issue in the case. “This court has long recognized,” Mr. Vance wrote, “that a sitting president may be subject to a subpoena in a criminal proceeding.”
What is the Justice Department’s position?
The Justice Department, arguing in support of Mr. Trump, who is represented by private lawyers, said none of the subpoenas satisfied the demanding standards that it said apply when information is sought about a sitting president’s private conduct.
Who will be arguing?
In the first argument, on the House subpoenas, Mr. Trump will be represented by Patrick Strawbridge; the Justice Department by Jeffrey B. Wall, a deputy solicitor general; and the House by Douglas N. Letter, its general counsel.
In the second argument, on the subpoena from Mr. Vance, Mr. Trump will be represented by Jay A. Sekulow; the Justice Department by the solicitor general, Noel J. Francisco; and Mr. Vance by Carey R. Dunne, a lawyer in the Manhattan district attorney’s office.
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