Trump appeals to Supreme Court in New York tax return battle

Воскресенье, 17 Ноя, 2019

A federal court in Washington, D.C. on Thursday scheduled an emergency hearing for Monday, Nov. 18 in President Donald Trump's lawsuit to prevent the House Ways and Means Committee from obtaining his tax returns through New York's recently enacted TRUST Act. The committee had sought Trump's personal and business returns for 2013 through 2018.

Jay Sekulow, one of Trump's lawyers, said his team will ask the Supreme Court to overturn the appeals court decision.

Trump has fought vigorously to shield his financial records, and prosecutors in Manhattan have agreed not to seek the tax returns until the case is resolved by the Supreme Court.

"The Second Circuit decision is wrong and should be reversed", Sekulow continued. On Wednesday, the appeals court declined to reconsider its ruling, setting the stage for an appeal to the Supreme Court. "A thing like this has never happened to any President before".

If the House votes to impeach the president, Chief Justice John Roberts would preside at a Senate trial that is likely to begin in January.

Trump's opponents trust he can also unbiased possess an uphill combat convincing the court to carry shut the case. The justices may take some time to decide on what to do.

Trump's lawyers have accused Vance's actions of being politically motivated.

The request is part of the Manhattan district attorney's investigation into 2016 payments made to women who have claimed to have had affairs with Trump. Justice Department lawyers argued that a court must demand a high bar in the face of a state criminal subpoena for records. The grand jury operates under a rule of confidentiality. They said sitting presidents are not only protected from being indicted, a proposition that is widely but not universally accepted, but also can not be subjected to the burdens of criminal investigations, especially from local prosecutors who may use the criminal process for political gain. However, those efforts were shot down in lower courts, which lead to an appeal to the Supreme Court. During the campaign, Trump once famously said he was so popular among his base that he could shot someone on 5th Avenue and not lose support.

Trump sued New York's attorney general and tax commissioner in Washington federal court over the law, but a judge on Monday ruled he did not have jurisdiction over the state officials and that Trump would have to sue them in NY. The judges pointed out that beginning with Thomas Jefferson in 1807, presidents have been required to respond to court orders seeking documents. The attorneys called the President's enlighten a "momentous quiz of first impact about the scope of Presidential immunity".

The case marks the principle time attorneys for the President possess long gone to the Supreme Court arguing that the President is immune from prison court cases whereas in office.

If the justices agree to consider the case, it could determine whether any US President has blanket criminal immunity while in office, local analysts said. The subpoenas to Mazars do not require the president to do "anything at all", the 2nd Circuit ruling stated.

The New York tax case is moving unusually swiftly through the federal courts. The order was directed at his accountants.

It added, "Instead, after reviewing historical and legal precedent, we conclude only that presidential immunity does not bar the enforcement of a state grand jury subpoena directing a third party to produce non-privileged material, even when the subject matter under investigation pertains to the president". House Speaker Nancy Pelosi said Thursday that those Mazars records could come to lawmakers in as soon as seven days, unless House Democrats give accommodations.

The case, the first concerning Trump's personal conduct and business dealings to reach the court, could yield a major ruling on the scope of presidential immunity from criminal investigations.

Trump appealed A 4 Nov ruling by the 2nd US Circuit Court of Appeals based in NY that prosecutors can enforce a subpoena demanding personal and corporate tax returns from 2011 to 2018 from the accounting firm it Mazars LLP. The House Democrats were exploring for the need for new ethics and disclosure laws, they said.

Katzmann's opinion relied heavily on landmark Supreme Court rulings involving Presidents Richard Nixon and Bill Clinton.

A dissenting judge said in the October 11 ruling that Congress can't investigate whether the president broke the law unless it is invoking its impeachment power, something the committee hadn't done. The remaining judges were appointed by Republicans.