On MSNBC Thursday, former federal prosecutor John Flannery broke down the implications of the Supreme Court’s ruling against President Donald Trump on immunity from subpoenas.
“I think what it says is that the monarch has taken a body blow as a result of what will be an historic decision, as we’ve indicated,” said Flannery. “I think that the position of the DA in New York is very special, because he can speed this up in a way that the House can’,t and has a specific strength, I think, in this case, that it is criminal.”
“The most significant thing about it is this is the first Supreme Court case in which there’s ever been agreed that a prosecutor could subpoena a president,” added Flannery. “Prior prosecutions have been federal, that have been treated by the Supreme Court. So this is a big difference. The majority of the court, 7-2, basically said, from 1740 on, the public is entitled to the testimony, to the evidence of any person. They said that the documents — the question is the character documents, not the character of the person. In this case, what we have is a situation which I bet that the DA is going to go to the court as soon as possible, move to compel an appearance to their subpoena, and going to have the discussion as to what if anything may be limited or excluded and get production as quickly as possible.”
“I think the most significant thing is that the DA of New York is not subservient to [Attorney General William] Barr,” said Flannery. “I also wonder if the Supreme Court didn’t have it in mind that we have a person that no one can check in the Justice Department, because he serves as the mouthpiece of the president, blocking everything he can.”