In an extraordinary ruling, the Supreme Court on Tuesday decided to review the lower court rulings involving congressional and prosecution subpoenas directed toward President Donald Trump, undercutting the second article of impeachment that passed the House Judiciary Committee last week.
As noted by The Hill, the second article of impeachment charges President Trump with obstruction of Congress for refusing to comply with the congressional subpoenas in the absence of a final court order.
Trump has asserted that the executive branch need not comply with congressional subpoenas requiring the production of what he calls “privileged executive material”, unless there is a final court order compelling such production. He has argued that the judicial branch is the ultimate arbiter of conflicts between the legislative and executive branches.
Of course, the president is wrong. Congress has the authority of legislative committees to subpoena records as part of any ongoing congressional investigations. Therefore, the Supreme Court decision to review these cases, in which lower courts ruled against the president, diminishes the power of Congress and emboldens a corrupt president.