WASHINGTON ¨C Fighting to keep his tax returns secret, President Donald Trump will soon ask the Supreme Court to grant him ¡°temporary absolute immunity¡± from any criminal investigation while he¡¯s in office. The case sets up yet another test for the court¡¯s new swing voter, Chief Justice John Roberts, who is devoted to the principle of judicial restraint.
The federal appeals court that has already rejected Trump¡¯s claim understood this perfectly. It issued an extremely cautious, narrow opinion targeted straight at Roberts. That opinion, a minor masterpiece of judicial craft, strongly increases the odds that Roberts will reject absolute presidential immunity. In light of that opinion, I cautiously predict that, if the Supreme Court takes the case, it will hold that Trump¡¯s accountant can be subpoenaed by a New York state grand jury to turn over the president¡¯s tax records.
The first question is whether the justices will consider the issue of Trump¡¯s tax returns at all. It takes four justices for the court to decide to hear a case (¡°grant certiorari,¡± in the legal Latin jargon favored by the court).
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