Justice Samuel Alito proposed "a somewhat more demanding standard," where the prosecutor would have to establish that the information cannot be obtained from another source and that delay would cause "serious prejudice to the investigation."
Not necessary, said Dunne. "There's no need here to upend precedent or to write a new rule that undermines federalism, especially when such a rule would create a risk that American presidents, as well as third-parties, could unwittingly end up above the law."
When the high court issues its decision, we are likely to see several fragmented opinions. Whatever test ultimately garners five votes, the cases will probably be sent back to the lower courts to apply the new rule. That could take several months or even years, leaving the matter unresolved until after the 2020 presidential election. And even if the Supreme Court were to order Trump to release his tax returns, they would be transmitted confidentially to the grand jury.
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