Is Trump Going to the Supreme Court? Experts Think So

Evan El-Amin /
Evan El-Amin /

President Donald Trump accomplished many things while he was in office, not the least of which is the indelible mark he left on the United States Supreme Court. The three justices that were nominated, and confirmed, by the 45th president of the United States changed the balance of power on the highest court in the land.

Liberals were frustrated, saying that it was too much and there needed to be some sort of counterbalance to make the court more centric again. However, conservatives held their ground that the three associate justices nominated during the Trump administration happened to be conservative because that’s what the constitution demanded.

Gone was even the pretense of an appreciation for what the Founding Fathers put in the founding documents, rather the rabid left is looking to make the government in their own image, and the right, arguably the majority of the nation, don’t care for that agenda.

The makeup of the nation’s high court might soon be put to the test, however, as the executive issue of privilege is one that is coming in hot to many of the greatest judicial minds of our time. The issue before the DC US Circuit Court of Appeals was the former president’s request to block the release of presidential documents for the congressional committee’s January 6 investigation, and whether it was a valid one.

CNN reported that over the course of more than three and a half hours on Tuesday, the judges asked “skeptical” questions about Trump’s claims and went on to question the role that the courts should play in his decision-making, leading judicial experts to believe that the president might not get the outcome he’s looking for before that court.

“This all boils down to who decides. Who decides when it is in the best interest of the United States to disclose presidential records? Is it the current occupant of the White House or the former?” said Judge Ketanji Brown Jackson of the DC Circuit Court of Appeals.

As far as what the experts are saying about the judges seemingly hostile questions, Defense attorney Shan Wu told CNN’s Erica Hill that he believes that they will not rule in favor of the former president and block the documents, and Trump will be forced to appeal his case to the United States Supreme Court.

The judges had a lot of questions, but they were clear that they didn’t have any interest in doing a document-by-document review of the 700 pages of records that Trump wishes to keep from the committee. However, they were also careful to put the thumbscrews to attorneys from both the House of Representatives and President Joe Biden who claimed that the documents should be disclosed:

“We don’t just flip a coin or draw straws or something. What test are we supposed to use?” Judge Robert Wilkins asked a lawyer representing the House.

Included in the hundreds of pages of documents that the Trump White House kept during his tenure that the committee wishes to view were records from close advisers, including then-chief of staff Mark Meadows and press secretary Kayleigh McEnany.

According to the committee, these documents are key to learning if Trump attempted to push Congress to enact laws that would change the protections for elections, and it appears that President Joe Biden is interested in hearing what these notes have to say as well. Trump’s legal team, however, has asserted that the former president had executive privilege over a number of the items in question, including call logs and handwritten notes from his advisers.

As we all well know, the former president is no longer able to micro-blog the way he used to on Twitter, but I have to believe that if he were still tweeting for all the world to hear, we would once again be hearing the alarm sounding about this fishing expedition that looks an awful lot like a “witch hunt.”