If the trial doesn’t start by Election Day, the fate of Smith’s case might depend on the election’s outcome. #Trump could tell his AG to drop the case if he wins. Waldman is watching whether #SCOTUS rules unanimously — as it did in 1974 when it ordered President Richard #Nixon to hand over the #Watergate tapes, another important case on the limits of presidential #power — or the ruling is divided along ideological lines.