Trump v. Vance (19-635)
argument 19-635Trump v. Vance
Supreme Court of the United States
1h 41m
9 speakers
8 chapters
transcribed 5 days ago
official recording ↗
Transcript
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Transcript generated automatically by AI and may contain errors.
What is the argument for temporary presidential immunity in this case?
We'll hear argument next in case nineteen six thirty five, Donald Trump versus Cyrus Vance. Mr. Seculo?
Thank you, Mr Chief Justice, and may it please the court. No county district attorney in our nation's history has issued criminal process against the sitting president of the United States And for good reason. The Constitution does not allow it. Temporary presidential immunity is constitutionally required by Article two and accordingly the supremacy clause defeats any authority the DA has Under state law as to the president. The Second Circuit is wrong. It should be reversed. If not reversed, the decision weaponizes twenty three hundred local VAs. An overwhelming number of them are elected to office and are thereby accountable to their local constituencies. The decision would allow any DA to harass Distract and interfere with the sitting president.
It subjects the president to local prejudice that can influence prosecutorial decisions and to state grand juries who can then be utilized to issue compulsory criminal process in the form of subpoenas targeting the president. This is not mere speculation. It is precisely what has taken place in this case. And with the subpoena we challenge. In the argument just concluded, we asserted that the subpoenas did not serve a legitimate legislative purpose. And they were burdensome. Yet the DA copied almost verbatim the House Oversight Committee subpoena with an additional thirteen words which seek the President's tax returns. How revealing. The exact same language utilized by two congressional committees, would subsequently be copied by the New York County District Attorney covering the exact same documents and sent to the exact same recipients
Yet purportedly for two completely different reasons. Under Article two or the heightened scrutiny standard under Nixon. The subpoena we challenge today cannot survive. As the Second Circuit concluded and the DA represents, the President's being investigated for potential criminal violations in a state grand jury proceeding with a local DA issuing coercive criminal process against the president. This he cannot do. Thank you, Mr. Chief Justice.
Uh counsel for all that, uh you don't argue that the grand jury cannot investigate the president, do you?
We did not seek to uh have an injunction as was a case. involving Vice President Agnew and in joining the grand jury. We have Targeted. the utilization of the temporary immunity here to the subpoena. That's correct.
Well, in other words, it's okay for the grand jury to investigate, except it can't use the traditional and most effective device that grand juries have typically used, which is the subpoena.
It can't use a subpoena targeting the president. And under his Article two responsibilities and the supremacy clause, that is our view would be inappropriate and unconstitutional. So we have not challenged the And I
don't I don't understand Y your theory, uh, in terms of distraction and all that would seem to go much farther than resisting the subpoena. I don't know why you don't resist the investigation uh in its entirety, or why your theory wouldn't lead to that.
Well our our position is that criminal process against the president That's what we're talking about. That's what's before the court. Criminal process targeting the president. is a violation of the constitution. We did not seek to in enforce an injunction or seek an injunction against the grand jury. investigating the situation with the president.
Uh that the distraction in that case uh meant that discovery could not uh uh proceed and I you know, uh th there are different things that distract different people, but I would have thought the discovery in a case like Clinton versus Jones, even though civil, would be uh distracting as you argue the grand jury proceedings are here.
Well Clinton versus Jones of course was in federal court This is in state court. Clinton versus Jones was a civil case, this is a criminal case. And as this court noted on page six ninety one of its opinion, if in fact the Clinton versus Jones case had originated in a state court proceeding, it would raise different issues than separation of powers, uh concerns over local prejudice.
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Chapters
8 chapters
1
What is the argument for temporary presidential immunity in this case?
0:00–9:59
2
How do the parties define the “special needs” standard for a grand‑jury subpoena?
9:59–21:02
3
Why do the counsel argue that state grand‑jury subpoenas could distract the President?
21:02–33:42
4
What precedent does the Court rely on when comparing this case to Clinton v. Jones?
33:42–46:57
5
How does the discussion address the balance between the Supremacy Clause and state police powers?
46:57–1:01:40
6
What are the concerns about statute‑of‑limitations and evidence loss if the subpoena is delayed?
1:01:40–1:15:18
7
How do the Justices differ on who should bear the burden of proof for the subpoena?
1:15:18–1:29:35
8
What conclusion does the Court reach regarding the validity of the New York County subpoena?
1:29:35–1:41:20