Supreme Court Watch – How far is a President above the Law?
John Christie • April 15, 2020

President Trump has claimed, “I have an Article II [of the Constitution], where I have the right to do whatever I want as president.”
In three cases before the Supreme Court this term — Trump v. Mazars, Trump v. Deutsche Bank, and Trump v. Vance — the justices have the opportunity to decide just how far a president is above the law. The cases were to be argued on March 31 and ordinarily would have been decided by the end of June, but were put off due to the coronavirus situation. The Court announced on April 13 that oral arguments for a limited number of cases (including the Trump tax cases) will be heard by teleconference during the first two full weeks of May. Whether this delayed argument will affect the dates of the results — normally by the end of June — will probably remain unknown until we get to the end of June.
Three congressional committees, as well as prosecutors in New York, have issued subpoenas to Trump’s accountants and creditors for tax and business records, and Trump has sued to stop the firms from complying. Having lost twice at the district court level and twice at the appeals court level, Trump is seeking the Supreme Court’s review of those decisions. Although he sued as a private citizen, his appeals to the Supreme Court are supported by amicus briefs from the Department of Justice.
Mazars and Deutsche Bank involve congressional subpoenas for financial records concerning Trump, his family, and his businesses. After hearing evidence that Trump may not have complied with financial disclosure requirements, the House Oversight Committee subpoenaed Trump’s accounting firm for financial records to assist its evaluation of financial disclosure and conflict-of-interest laws. The Financial Services Committee subpoenaed records from two of Trump’s creditors to determine whether and how to strengthen federal banking laws. Finally, the Intelligence Committee subpoenaed financial records from Deutsche Bank as it investigated possible foreign entanglements. The committee is examining whether and how to prevent foreign interference in the U.S. political process, and also assessing the adequacy of intelligence resources.
The Court of Appeals concluded that these subpoenas “easily pass” the standards the Supreme Court has used when reviewing congressional subpoenas and were “reasonably framed” to help the committees conduct oversight and propose new legislation.
In Vance, a New York state grand jury issued a subpoena to the president’s accounting firm as part of a state criminal investigation into business transactions involving multiple individuals who may have violated state law. The subpoena sought financial and tax records — including for Trump and entities he owned before he became president — from January 2011 to August 2019.
In the lower courts and before the Supreme Court, the president’s lawyers have argued that he enjoys absolute immunity from all criminal process, an immunity so broad that it not only prevents indictment while serving as president, but prevents a third party (such as his accountants) from complying with a grand jury subpoena. However, in cases involving presidents Nixon and Clinton, the Supreme Court rejected similar arguments that a sitting president was broadly immune from an investigatory process.
Instead, the Court endorsed a balancing test that weighs the importance of the judicial process against any negative effect on the president’s ability to perform his constitutional functions. Here, only the president’s accountants must comply with the subpoena; the president is not required to do anything. In the Clinton case, the Court concluded that requiring a president to prepare for a deposition and give sworn testimony did not warrant even a postponement of that proceeding, let alone full immunity.
The Supreme Court has never invalidated a congressional subpoena, and recent Court decisions allowing investigations of presidents Nixon and Clinton while in office stand as strong precedents. Trump is obviously counting on the composition of today’s Supreme Court to save him. How the Court decides these three cases will tell us a lot about what kind of Supreme Court we have today.
John Christie was for many years a senior partner in a large Washington, D.C. law firm. He specialized in anti-trust litigation and developed a keen interest in the U.S. Supreme Court about which he lectures and writes.
Common Sense for the Eastern Shore

The Trump administration has moved to revoke the federal permit for US Wind’s offshore wind farm, throwing one of the Eastern Shore’s most significant economic and energy projects into uncertainty. While the legal fight plays out, supporters emphasize what the project means here at home: jobs, lower bills, and new opportunities for the Shore. US Wind’s planned investment of more than $1 billion would ripple through local economies. Thousands of well-paying jobs are tied to construction, operations, and supply chains, with work ranging from skilled trades to steel fabrication. The project’s turbines, located about 10 miles off Ocean City, are designed to generate enough clean energy to power more than 718,000 homes. Advocates argue that it will reduce reliance on fossil fuels, alleviate price pressures on families, and enhance Maryland’s grid reliability. “This project is about jobs, affordability, and securing our energy future,” said Nancy Sopko, US Wind’s vice president of external affairs. She noted that the permits were issued after years of rigorous review and remain legally sound. The Oceantic Network, a Baltimore-based nonprofit representing the offshore wind industry, underscored that the project will also support Maryland’s manufacturing base, pointing to the steel fabrication facility planned for Sparrows Point. “Once completed, the Maryland project and Sparrows Point steel will enhance our national security and economic freedom by directly supporting steel mill investments and bringing back important steel fabrication capabilities to America,” said Sam Salustro, the group’s senior vice president. For Eastern Shore residents, the promise of steady work and lower electricity bills is a rare opportunity in a region often left behind in statewide economic growth. Shore Progress , a grassroots progressive organization, vowed to defend the project: “This fight will be won in the courtroom and in the General Assembly, with strong allies like Governor Moore, Lt. Governor Miller, and the members of the Maryland General Assembly standing with us.” Gov. Wes Moore, who has made clean energy central to his administration’s agenda, has called attempts to cancel the project “utterly shortsighted.” He pointed to the looming demand for new electricity sources and warned that scrapping offshore wind would lead to higher utility rates across the state. Often backed by oil and gas lobbyists and out-of-state tourism groups, opponents argue that the turbines could affect views or local fishing. However, similar claims have been unsuccessful in courts in New York, Massachusetts, and Rhode Island, where projects have proceeded despite high-profile challenges. The Trump administration has tried to block offshore wind several times before, including New York’s Empire Wind and Massachusetts’s Vineyard Wind, but in each case, courts upheld the projects. Supporters believe the same outcome is likely here. For now, the administration has until Sept. 12 to finalize its action. Until then, the future of a project poised to reshape the Shore’s economy and energy future remains tied up in the courts. Jan Plotczyk spent 25 years as a survey and education statistician with the federal government, at the Census Bureau and the National Center for Education Statistics. She retired to Rock Hall.

“For many years, my constituents across the First Congressional District have been overwhelmingly clear: they do not want offshore wind off their coast.” ~ Rep. Andy Harris (MD-01), July 11, 2025 Congressman Andrew P. Harris (R-MD-01) has not accomplished much in his 15 years in Congress, but he has become famous for being Maryland’s regressive anti-offshore wind farm champion — no matter how his constituents feel about it or the benefits that would accrue to them. He has called offshore wind an existential threat to local economies, and claims it poses a risk to national security and will cause great harm to marine life and the environment. And he has consistently maintained that his “constituents across the First Congressional District have been overwhelmingly clear: they do not want offshore wind off their coast.” However, a recent poll of Eastern Shore residents found that There is solid support for offshore wind. Strong majorities are convinced that wind projects will create jobs, improve health conditions, and support American energy independence. The poll found that 51% of Eastern Shore residents support building offshore wind farms off the coast of Maryland; only 37% say they are opposed, and 12% gave no opinion.

Last January 20, President Trump raised his right hand to swear that he’d “preserve, protect, and defend” the United States Constitution. Surprise! He quickly ignored his oath and continues to. Hourly. Upon taking the oath, Trump ordered his minions — guided by the extremist right-wing handbook, “Project 2025” — to carry out an across-the-board assault on the federal government and various private institutions. This assault continues. Millions of American citizens have already been harmed by Trump’s betrayal, and many more millions will be injured until his depredations are stopped. Welcome to the Federal Harm Registry! Initiated and managed by the Maryland Democratic Party, this registry offers an immediate remedy to Trump. Here’s tangible means to fight Trumpism. The Federal Harm Registry is designed to document the myriad adverse effects of Trump’s maladministration! It’s the tool to register every specific harm citizens have experienced or witnessed. Eastern Shore residents, no matter if we are Democrats, Republicans, or Independents, must be active, not passive! Consider: As a college student, have you been denied a Pell grant? Has your family been denied SNAP benefits? As a Shore farmer, is your corn or soybean crop losing its value? As a Shore resident needing medical insurance, have you lost your Medicaid? Have you been harmed by work requirements for Medicaid and food stamps? Has your child’s vaccine become unavailable because of an HHS mandate? As a federal employee, have you been laid off or fired without cause? Have you been terminated from the U.S. military because of your sexual identity? Are Trump’s illegal tariffs forcing you spend more for food and other necessities? Do you know anyone adversely affected by the closure of Head Start for poor children, as well as child welfare, juvenile justice, and youth care programs? The Federal Harm Registry invites Marylanders to document each type of damage to them personally from harmful federal policies under Trump. The registry also offers Marylanders a megaphone to voice their frustrations and fears, and their vision for improving our country. The Federal Harm Registry is a space for Maryland residents to report their personal stories — cuts to health care, higher living costs, job losses, housing problems, civil rights attacks, or any other consequences of this administration’s harmful policies. These reports will document and provide a guide for the eventual reversal of what’s happening in Maryland and in D.C. So, take your first step to report any harm to you by contacting federalharmmd.com ! At federalharmmd.com, you will be able to: Write or record your story; Report any harm you’ve experienced, share an opinion, expose federal malpractices, and advocate for policies that help — not injure — Maryland families; and Help to publicize the Federal Harm Registry by sharing on Facebook, X, or LinkedIn.

When Salisbury Mayor Randy Taylor released a public statement on Aug. 4 following his involvement in a traffic incident with a pedestrian with a walker, he promised “a final report of facts in the next 10 days.” That deadline has now arrived, and city residents are waiting to see if the mayor will follow through on his promise. The Aug. 4 accident marked Taylor’s fourth vehicle-related incident since he took office less than two years ago, fueling public concern about what many describe as a troubling “pattern of recklessness.” In his statement, Taylor described the South Boulevard collision as “minor,” claiming that only the wheel of the pedestrian’s walker struck his vehicle and that the individual refused medical treatment. He emphasized his cooperation with the Maryland State Police investigation and insisted that “all protocols were followed.” But eyewitness testimony and photos circulating online continue to cast doubt on that account. One bystander alleged the mayor struck the pedestrian in the crosswalk and initially drove on “as if he had hit a cone” before returning to the scene. Images shared widely on social media show a shaken pedestrian, supported by his walker, while Taylor inspects his vehicle. The incident has renewed calls for transparency. Residents are demanding to know if mandatory post-accident procedures, including drug and alcohol testing for city employees, were applied to the mayor. “If this were a city worker, they’d be gone by now,” one commenter said. “Why does the mayor get special treatment?” Taylor says he wants to be “forthcoming” with citizens, stressing that the intersection where the accident occurred underscores the “need for continued effort for pedestrian safety.” As of press time, no final report has been released by the Maryland State Police or the Salisbury Police Department. The mayor’s office has not provided updates beyond his initial statement. For many in Salisbury, the delay only deepens frustration. “It’s about trust,” said one resident in a community forum. “Four accidents in two years is not normal. We’re tired of excuses.”

Berlin Mayor Zack Tyndall has announced the formation of an exploratory committee to consider if he should seek the Democratic nomination for Congress in Maryland’s First Congressional District, currently represented by Republican Andrew P. Harris. A two-term mayor and lifelong Eastern Shore resident, Tyndall said his decision reflects recognition of the challenges facing the region and his belief that the Eastern Shore needs a “commonsense Democrat” willing to prioritize solutions over partisan politics. “In a time of growing division and political extremes, it’s clear that Maryland’s First Congressional District needs more than partisan soundbites. It needs solutions,” Tyndall said in a statement on his campaign website, zacktyndall.com. “As mayor, I didn’t wait on Washington to act. I built consensus, cut red tape, and delivered results.” Tyndall pointed to his nearly decade-long tenure in local government, highlighting efforts to balance budgets, improve responsiveness during emergencies, and streamline municipal operations. He described his leadership as “rooted in community, not party.” In a social media post on Aug. 26, Tyndall elaborated on why he is testing the waters for a congressional run. “I have chosen to create a congressional exploratory committee because the people of Maryland’s First Congressional District deserve a representative who is not only visible and accessible but also responsive and a partner,” he wrote. “I believe that I am the person to help bring Eastern Shore values back to Washington.” Tyndall’s exploratory committee will focus on gathering feedback from residents of the district, which includes Harford County as well as the entire Eastern Shore. He said the goal is to determine if there is sufficient support and momentum to mount a competitive challenge to Harris in 2026. While holding the seat since 2011, Harris has faced mounting criticism over his alignment with far-right positions, including his recent vote against releasing the Epstein files. Tyndall acknowledged the uphill climb but said his candidacy would offer voters a new kind of leadership. “This exploratory phase is about one simple question: Can a commonsense Democrat, with deep local roots and a record of getting things done, offer voters a real alternative in 2026?” he said. Residents can provide input on issues and learn more about Tyndall’s background through his campaign website and social media channels .

A local organization, Decency for District One, is increasing pressure on Rep. Andrew P. Harris (R-MD1) for his vote against releasing the full Epstein files, saying constituents deserve answers about why their representative voted against transparency. Since July 24, the group has posted daily content on social media calling Harris to account. Every day, the page highlights his vote and presses the same question: Why did Harris oppose making public documents related to Jeffrey Epstein’s network of political and financial connections? “People in the First District deserve honesty,” said a spokesperson for Decency for District One. “When it comes to something as serious as the Epstein files, voting against disclosure raises real questions about judgment and accountability.” The campaign has been visible across Harris’s official Facebook page, where commenters now regularly flood his posts with demands for answers. The pattern has become so consistent that nearly every statement or press release from the congressman is met with renewed questions about the Epstein vote. Despite the growing attention, the major Eastern Shore media outlets have failed to report on Harris’s role in the vote or the backlash that has ensued. Advocates say that silence is part of the problem. “If this were happening anywhere else, the press would be asking hard questions,” the Decency for District One spokesperson said. “Here, it’s being left to everyday residents to raise their voices.” The group plans to continue posting daily until Harris explains his vote. In the meantime, frustration continues to build among constituents who feel ignored. “This isn’t about partisanship,” one supporter commented online. “It’s about whether our congressman believes the public has the right to know the truth.”