Trump fights with Dems in court

President TrumpDonald John TrumpKushner believes that the peace plan for the Middle East is a "good starting point". Dem Alabama's legislator, struggling with more controversial remarks, made more controversial remarks. Pelosi will deliver an opening address to the state of San Francisco PLUS relies on a proven personal strategy in its fight against Congress, placing the battle in the courts.

Courts have long been Trump's favorite battleground, with the president and his companies involved in a large number of cases over the years. Now, he takes this approach to fight the Democrats in the House.

The president and his private companies recently filed two lawsuits to challenge the Congressional summons for Trump's and his family's financial statements.

Experts predict a chaotic legal battle involving the three branches of government. And it will surely be a long and complicated process, as the judges involved will probably seek to avoid politicizing the role of the courts in a political struggle by nature.

The lawsuits are part of the president's wish to fight all the subpoenas issued by House Democrats during their numerous investigations of Trump, his family and his businesses.

Trump and corporate lawyers argue in the two lawsuits filed last month that requests for financial documents go beyond the powers of Congress and are not within the legislative powers of legislators.

But the legal experts doubt that these arguments are invoked before the courts, because the Congress does not need a legislative object to be able to exercise a control.

"I do not even know what to think about it," said Mitchel Sollenberger, professor of political science at the University of Michigan-Dearborn, about Trump's legal argument. "This does not stand up to scrutiny."

Democratic presidents behind subpoenas – Reps. Elijah CummingsElijah Eugene CummingsCummings: The White House prevented a former official from talking about Kushner and Ivanka: foreign government clearances (Maryland.), Maxine WatersMaxine Moore WatersDems takes it to Barr's head Any infrastructure program will be swallowed by the swamp Trump's lawyers say the banks have agreed not to hand over their financial records before the court's decision. (Calif.) And Adam SchiffAdam Bennett SchiffDems takes it to the head of Barr Any infrastructure program will be swallowed by the swamp Trump's lawyers say the banks have agreed not to hand over their financial records until the decision of the court PLUS (Calif.) – all characterized the prosecution as a mere attempt to block congressional investigations.

Cummings is seeking financial documents from Mazars, while Waters and Schiff have submitted similar requests to Capital One and Deutsche Bank.

Legislators say that subpoenas are typical of Congressional investigations. But Trump's lawyers present these claims as fishing expeditions for any damaging information that politicians could use before the 2020 presidential elections.

These recent challenges have character for Trump, who over the course of his real estate career has repeatedly used the courts or threatened lawsuits in an attempt to protect his business interests.

Requests for Congressional financial documents about him, as well as his corporations and family members, hit him wildly, as Trump had fiercely protected his private businesses.

The White House has made it clear that it will not cooperate with any congressional investigation after the conclusion of a special council Robert MuellerRobert (Bob) Swan MuellerSasse: US should applaud Mueller's choice to lead the investigation over Russia MOREThe organization's investigation revealed that there was no direct coordination between the Trump campaign and the Kremlin in Russia's interference in the 2016 elections.

Trump vowed to fight "all subpoenas". But Democrats have vowed to defend themselves against the White House's refusal to cooperate with investigations.

"When the president refuses congressional documents and access to key witnesses, he basically says," Congress, you do not count, "Cummings told reporters Thursday." You can not do your job under of the Constitution and act as a counterweight to the executive power. "

Cummings said the House Watch and Reform Committee, which he chairs, will meet with "some of the best jurists we have" to determine their options for the future.

Even if a judge decides to reject the president's argument in the context of ongoing litigation, the legal battle may not succeed. Each party is sure to appeal any decision that is not favorable to him.

The president's lawyers said in a case filed Friday in the case of the Deutsche Bank, saying they would be willing to appeal to higher courts if a preliminary injunction was not granted.

"They are going to be winners," said Thomas Spulak, a Democrat-controlled General Counsel from 1994 to 1995, about Democrats in the House.

But a long court battle could end up playing to Trump's advantage.

Saikrishna Prakash, a law professor at the University of Virginia, said the longer the legal battle goes on, the less likely the investigation would be to succeed.

He added that the probes risk being abandoned if the Democrats lose their assembly in 2020 or if Trump loses his reelection, making the legal struggles useless.

The strategy seems to have already yielded some results: Trump's lawyers said in court this week that Capital One and Deutsche Bank had agreed not to hand over any documents to congressional investigators until the judge ruled. a preliminary injunction in the case.

"I think the president and his legal team want to extend the legal battle as long as possible because the delay favors the president," said Prakash.

The experts also told The Hill that the judges involved would likely ask both parties to try to solve the problem between them rather than force them to rule.

Spulak said courts are "reluctant" to get involved in more political affairs because they do not want to pretend that one branch of government – including their own – has more authority than others.

An amicable resolution between the committees led by the Democrats and the president is unlikely to happen, as both parties are racking their heels.

The legal situation is also generally an unexplored territory. Instead of forcing House Democrats to go to court after the administration asserted the privilege of executive power or refused to hand over documents, the president's lawyers took the lead.

The experts also pointed out the existence of several trials in a short time, considered unusual, indicating that similar lawsuits could occur.

Sollenberger said he hoped that judges involved in cases, even faced with unusual circumstances, would base their decisions on the facts of the case and not on the political implications.

He suggested that the courts could rule on the handing over of Trump's documents.

"I think there is quite substantial evidence in history that we tend to err on the side of excess transparency," Sollenberger said.