Judge rules President Trump isn’t immune from criminal investigations while in office; appeals court blocks immediate enforcement of subpoena
Okay, update, Donald Trump has managed again to pump the breaks on releasing his tax returns yet again, LOL😹😂…
Here is the update …
A federal judge in New York on Monday ruled President Trump’s accounting firm must turn over eight years of his personal and business tax returns, an order immediately put on hold by an appeals court.
The decision came in a lawsuit filed by Mr. Trump against Manhattan District Attorney Cyrus Vance Jr. and Mazars USA LLP, his longtime accounting firm. Mr. Trump sought to block a subpoena for his tax returns that state prosecutors sent to the accounting firm, saying it was unconstitutional to subject a sitting president to what he called the “criminal process.”
Mr. Trump’s lawyers filed an emergency appeal minutes after the ruling, leading a judge from the Second U.S. Circuit Court of Appeals to put the ruling temporarily on hold “because of the unique issues raised by this appeal.” Mr. Vance’s office asked the court to hear arguments on the matter this week, but it isn’t clear when the panel will rule.
A Justice Department lawyer on Monday asked the appeals court to give the department sufficient time to weigh in, saying the issues involved were novel and raised weighty constitutional concerns.
Mr. Vance’s office sent the subpoena to Mazars in August as part of its probe into whether payments made to adult-film actress Stormy Daniels, and how these payments were recorded, violate a state law against falsifying business records.
In his ruling, U.S. District Judge Victor Marrero rejected the idea that a president couldn’t be investigated while in office. “This Court cannot endorse such a categorical and limitless assertion of presidential immunity from judicial process,” wrote Judge Marrero, an appointee of President Bill Clinton.
The judge said he recognized that subjecting a president to certain criminal proceedings, such as imprisonment, would interfere with his official duties. But the idea that the president, his business entities, relatives and private activities are immune from any criminal process is too broad, he said.
“This Court finds aspects of such a doctrine repugnant to the nation’s governmental structure and constitutional values,” Judge Marrero wrote.
Responding to the ruling on Twitter, Mr. Trump wrote, “The Radical Left Democrats have failed on all fronts, so now they are pushing local New York City and State Democrat prosecutors to go get President Trump. A thing like this has never happened to any President before. Not even close! “
A spokesman for Mr. Vance, a Democrat, declined to comment. Within minutes of the ruling, lawyers for Mr. Trump appealed the decision to the Second U.S. Circuit Court of Appeals.
Last week, the Justice Department weighed in on the case, asking the judge to temporarily block enforcement of the subpoena to allow for further consideration of the legal issues. The Justice Department lawyers also said the dispute should remain in federal court, not state court as requested by Mr. Vance’s office.
In a letter to the judge, prosecutors from Mr. Vance’s office said delaying enforcement of the subpoena would likely result in the statute of limitations expiring for state crimes under consideration. They asked Judge Marrero to dismiss the case. “The Plaintiff’s only goal in this litigation, now supported by the DOJ itself, is to obtain as much delay as possible, through litigation, stays, and appeals,” the state prosecutors wrote.
The state probe comes on the heels of a federal investigation into hush-money payments that concluded this summer. Trump lawyer Michael Cohen, who pleaded guilty to charges including violating campaign-finance laws as a result of that investigation, is now in federal prison.
Mr. Vance’s prosecutors have said the tax returns would remain confidential because they are part of a grand-jury proceeding. During a hearing, a lawyer for Mr. Trump said he didn’t think Mr. Vance’s office could make this promise.
“We do not know how the district attorney will respond to a subpoena from Congress,” said the lawyer, William Consovoy. “Would those secrecy laws trump that subpoena?”
Several disputes over Mr. Trump’s tax returns are making their way through federal courts. In New York, a federal appeals court is weighing a case in which Mr. Trump sued Deutsche Bank AG and Capital One Financial Corp. to block the banks from complying with congressional subpoenas. In California, a federal judge temporarily suspended a new state law requiring presidential candidates to make their tax returns public in order to appear on the state’s primary-election ballot.