Well, before I get too far into this, you'll have to explain to me exactly how a potential legal issue to be rightfully decided by the federal courts makes Trump the problem when the case has not been presented to the courts to start with.
I don't agree with this general notion that the President should be allowed to temporarily do unconstitutional things just because the Supreme Court has not yet stepped in to forbid that specific unconstitutional action the President is engaged in, short of some sort of immediate and existential national crisis. I think the President has the duty to REFRAIN from doing unconstitutional things, to begin with.
And, keep in mind, Trump is not refuting some aspect of the various subpoenas. Trump is refusing nearly
every aspect of nearly
every subpoena. This sort of blanket stonewalling is not supported by the U.S. Constitution, by the case law, or by our political traditions. It has no precedent. And it is so far outside the scope of what the President's authority is, and should be, that I consider the act of asserting such a legal argument, on Trump's Part, to be tyrannical in nature. If Trump thinks our Presidents should be above the law. **** him. Get him out. Remove him from office. And if you actually cherished the U.S. Constitution and the general political philosophy of the Framers of the Constitution that would be your opinion too.
Let me give you an example, what if Trump, tomorrow, decreed by Executive Order, that Congress is dissolved?
How long would Congress wait, or how long would even just regular American citizens wait, for the Supreme Court to judge the legitimacy of the Executive Order before Trump is frog-marched out of the White House?
Further, the case involving Miers was not one involving national security or foreign policy. Foreign policy and national security issues are those in which the courts have granted the president significant leeway in the claim of executive privilege.
The courts have not "granted" the President the ability to forbid senior aides from testifying before Congress, even those related to foreign policy and national security, in fact, according to Miers and the recent case decided by Jackson involving McGahn, they have expressly rejected the notion.
Respectfully, we do not know how a court is going to rule on such issues until they do, and unless the U.S. ST is the first to make a ruling, appeal is guaranteed.
This is not true. We have a good idea of how the Supreme Court is likely to rule. The logic of the framework of Executive Privilege, as it exists now, based on the previous rulings of the courts both at the Supreme Court and the lower levels gives us an idea of the way things have worked and the way things should work.