Statement by Common Cause President Karen Hobert Flynn
Today the Supreme Court reiterated that no one is above the law, including President Trump. The ability of Congress and state prosecutors to subpoena documents directly related to President Trump’s conduct running for and winning the presidency is vital to holding the president accountable for unlawful actions—including Trump’s illegal “hush” payments first detailed in Common Cause complaints—and legislating to prevent such actions in the future.
The Court made clear today that President Trump has no special shield against New York prosecutors’ subpoena of his financial records—rejecting Trump’s claim of “absolute immunity” from state criminal prosecutions. The Court further rejected Trump’s proposed Executive Privilege-like standard for compliance with Congress’ subpoenas, sending the case back to the lower courts for application of a multi-factor test to determine whether Trump’s accounting firm must comply with Congress’ subpoenas. Common Cause has no doubt Congress will be able to meet the Court’s clarified standard and will finally see the financial records President Trump has been hiding for years.