特朗普和罗伯茨的又一个尴尬假期
Another potentially awkward holiday for Trump and Roberts
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2019-12-17 22:31
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火星译客

Washington (CNN)Almost exactly a year ago, on the eve of Thanksgiving, Chief Justice John Roberts issued a stunning rebuke to President Donald Trump. As many people were heading out of town for the holiday, Roberts called out the President.

华盛顿(美国有线电视新闻网报道)大约就在一年前,美国最高法院的首席大法官约翰·罗伯茨对唐纳德·特朗普总统发出了令人震惊的指责。在许多人准备出城度假时,罗伯茨大声叫了一声 “ 总统 ” 。

"We do not have Obama judges or Trump judges, Bush judges or Clinton judges," Roberts said in a statement responding to comments Trump had made criticizing an appellate court. "What we have is an extraordinary group of dedicated judges doing their level best to do equal right to those appearing before them. That independent judiciary is something we should all be thankful for."

在上诉法院遭到特朗普的批评后,罗伯茨曾发表声明称,“ 在我们当中不存在 “奥巴马法官” 或 “特朗普法官”,也没有 “布什法官” 或 “克林顿法官”,”。他说:“我们有一群非常敬业的法官,他们竭力为其当事人争取平等权利。这一切都归功于司法制度的独立。”

Criticism, with much stronger rhetoric, often ricochets between the political branches, but a statement such as that from a chief justice directed at the President was rare.

政治部门的人员之间的冲突常常表现为言辞激烈的批评言论,但这轮美国总统和首席大法官之间的唇枪舌战,在美国历史上都是十分罕见的。

In the end, it made little difference, as the President took to Twitter to criticize the Chief, and Roberts thereafter kept his fire dry.

然而最终的结果大同小异,因为总统在推特上批评这位大法官,而且他从那以后就一直保持沉默。

But a year later, as the country prepares again to celebrate Thanksgiving, the relationship between the two men is once again center stage, and this time the President could use Roberts's vote. The two men, both heads of their respective branches, could once again be poised to clash and the result could have lasting impact on the relationship between the branches of government.

但是一年之后,当这个国家再次准备庆祝感恩节的时候,这两个人的关系又一次被推上话题中心,这一次总统可能选择赢得罗伯茨的支持。由于这两人都代表着各自所在的部门,完全有可能再次产生冲突,其结果可能会给美国政府三权分立的各个部门之间的关系造成深远影响。

Trump has hired private lawyers to fight a subpoena to his long time accounting firm in a bid to shield his financial documents and tax returns. He has lost in the lower courts, and now the issue is before the Supreme Court. The cases don't concern the government's Travel Ban or its decision to terminate DACA or to add a citizenship question to the census. For Trump, it's about an intrusive subpoena for his personal records.

为了维护财务文件和纳税申报单的私密性,特朗普聘请了私人律师以应对其长期会计师事务所的传票。由于他在下级法院的官司中落败,现在问题摆在最高法院面前。这些案件不涉及政府颁布的旅行禁令,也不会影响终止 “童年入境暂缓遣返” 计划(是美国的一项移民政策,由奥巴马于2012年推出,特朗普政府于2017年9月宣布废除该计划)以及在人口普查中增添公民身份审核问题的决定。对特朗普来说,这是一张侵犯他个人记录的传票。

Additionally, in the coming weeks, Roberts, already grappling with a momentous term and the fragile health of the leading liberal on the bench, may be called upon to cross the street and preside over Trump's potential impeachment trial.

此外,在未来几周,罗伯茨可能会被要求在违背常规的情况下,主持审判特朗普可能面临的弹劾指控。罗伯茨在努力应对其任期内重大问题之余,还不得不考虑这位主要自由派法官脆弱的健康状况。

Tax returns

纳税申报表

As early as Monday the Court could rule on one of the cases concerning Trump's request to block a House subpoena to Mazars USA, his accounting firm. Lower courts rejected the President's broad claims that the subpoena violates the separation of powers, holding instead, that the House was well within its authority to pursue the documents as part of its legitimate legislative function. But Trump's personal lawyers are asking the justices to put the lower court ruling on hold for now, so they can appeal it.

法院最早可能于周一就特朗普要求阻止众议院向其会计师事务所Mazars USA发出传票一案做出裁决。下级法院驳回了总统的宽泛指控,即传票违反了三权分立,相反,他们认为,众议院完全有权力将这些文件作为其合法立法职能的一部分。但特朗普的私人律师要求法官暂时搁置下级法院的裁决,以便为其争取时间提出上诉。

Coupled with another case concerning a New York grand jury subpoena, Trump's lawyers are making broad arguments concerning the separation of powers and absolute immunity. How the court handles the cases could impact several other similar cases currently playing out in the lower courts, and potentially even touch on issues that could come up in the impeachment proceedings.

再加上纽约大陪审团的传票,特朗普的律师们正在就三权分立和绝对豁免权展开广泛的辩论。最高法院如何处理这些案件,可能会影响目前下级法院受理的其他几个类似案件,甚至可能引发弹劾程序中的潜在问题。

The justices could step in and make a broad statement about Congress' investigatory powers and his argument that he is immune from criminal proceedings while in office.

法官们完全有立场和权利介入,并就国会的调查权以及他在任职期间免受刑事诉讼的论点发表广泛声明。

If the Court denies the President's emergency request to put the subpoena on temporary hold, the House will finally get the documents and the justices will have shown little deference to a sitting President.

如果法庭拒绝总统的紧急请求,暂时搁置传票,众议院将拥有文件的最终获取权,法官们对在任总统的尊重也会被消磨殆尽。

If the justices grant the President's request, it would represent a win for Trump for now and the court's move could tee up a potentially landmark separation of powers case that would likely be heard this term. The move would also delay, for at least several weeks, the House's ability to obtain information it says is critical to Congress' power to conduct oversight. Although the case predates the impeachment proceedings, the order would be a setback for House Democrats and the President's critics.

如果大法官们同意总统的请求,这将是特朗普目前取得的一次大捷,而且法院的决议可能会促成一个可能具有里程碑意义的三权分立案件,该案很可能在该法官的任期期间开庭审理。此举还将使众议院至少得在数周后才可能获取文件信息,众议院称,这些信息对国会执行监督的权利来说至关重要。尽管该案早于弹劾程序的启动,但对众议院民主党人和总统的批评者来说,法院作出的裁决将会是一次严重打击。

It would take five justices to grant such an emergency request, and Roberts, working behind the scenes, is likely grappling with how to respond. His vote has the same weight of his colleagues, but he will take into consideration the court's institutional concerns more than any other justice.

只有五名法官一致持支持意见这类紧急请求才能得到批准,而罗伯茨作为幕后的操作者,可能难以作出决定。他的投票和他的同事一样重要,但他会将维护最高法院的制度其他任何法官都重要。

While the justices deliberate, Trump will be in a holding pattern waiting for the Court -- including two of his nominees -- to rule. The House has already indicated that if the justices block the documents for now, the court should agree to hear the appeal this term.

在法官们考虑的时候,特朗普只能等待法院作出裁决,其中包括他提名的两名法官。众议院已经表示,如果法官暂时不公开这些文件,最高法院可能会同意在其任期内审理上诉。

Impeachment trial?

弹劾审判?

Meanwhile, in the coming weeks, Roberts is also likely to be called upon to serve as the presiding officer in a potential impeachment trial in the Senate chamber.

与此同时,在未来几周内,罗伯茨还可能被要求担任参议院弹劾审判的主审官。

"When the President of the United States is tried, the Chief Justice shall preside," the Constitution says.

美国宪法规定: “ 美国最高法院首席大法官应主持审判。”

That would mean that while his court is in the middle of a momentous term including cases on LGBT rights, abortion, and the Second Amendment. Roberts will also don his black robe and serve as the presiding officer for an impeachment trial.

这将意味着,尽管罗伯茨执掌的法院正处于关键时期,面临着同性恋权利、堕胎和第二修正案等重大案件,他还是是穿上他的黑袍,担任弹劾审判案的审判长。

Roberts, who has worked to keep the court out of the political fray, would find himself in the middle of it all. Senate impeachment rules revised in 1986 hold that the Presiding Officer on the trial shall direct "all the forms of proceedings while the Senate is sitting" and "may rule on all questions of evidence" but also includes a provision where the Chief could, instead, "submit any such question to a vote of the members of the Senate."

罗伯茨一直努力让最高法院远离政治纷争,但他发现自己无法置身事外。1986年修订的参议院弹劾规则规定,审判的主审官有责任把控 “所有形式的程序的进行 ” 并允许参议院陪同审判 ” “并” 有权对所有以证据支撑的问题作出裁决,另外还规定,首席大法官有权 “ 将任何此类问题提交参议院投票表决 ” 。

And once again, the President, who has launched unprecedented attacks on the judiciary, will wait for the rulings.

特朗普对美国司法体系发起的这场前所未有的攻击导致其再一次等待面临裁决。

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