Welcome to European Tribune. It's gone a bit quiet around here these days, but it's still going.
Judge rules Trump must turn over tax returns to Manhattan D.A.  LA Times

A federal judge Monday emphatically rejected President Trump's challenge to the release of his tax returns to New York prosecutors, saying the president's broad claim of immunity from all criminal investigations is at odds with the Constitution. But an appeals court blocked the handover of the documents for now.

At issue is a request from Manhattan Dist. Atty. Cyrus R. Vance Jr. that Trump's accounting firm turn over eight years' worth of his business and personal tax returns for an investigation into the payment of hush money to two women who claimed to have had affairs with the president. U.S. District Judge Victor Marrero turned down Trump's challenge, saying he could not grant the president a "categorical and limitless assertion of presidential immunity."

Trump's lawyers immediately appealed to the 2nd U.S. Circuit Court of Appeals, and it granted a temporary stay of the judge's ruling "pending expedited review" by the court....Trump's lawyers have said that the investigation led by Vance, a Democrat, is politically motivated and that the request for his tax records should be stopped because he is immune from any criminal probe as long as he is president. Marrero called Trump's claim of a broad immunity "extraordinary" and "an overreach of executive power."

"As the court reads it, presidential immunity would stretch to cover every phase of criminal proceedings, including investigations, grand jury proceedings and subpoenas, indictment, prosecution, arrest, trial, conviction, and incarceration," the judge wrote. "That constitutional protection presumably would encompass any conduct, at any time, in any forum, whether federal or state, and whether the President acted alone or in concert with other individuals." The judge said he couldn't accept that legal view, "especially in the light of the fundamental concerns over excessive arrogation of power" that led the founding fathers to create a balance of power among the three branches of government.

"It is not necessary to have hope in order to persevere."
by ARGeezer (ARGeezer a in a circle eurotrib daught com) on Mon Oct 7th, 2019 at 04:14:36 PM EST
"must"? mmm, no, not just yet.
Judge Denies `Virtually Limitless' Shield to Trump in Tax ["]Fight["]
Before the subpoena could be enforced this afternoon, the Second Circuit ordered a temporary stay in connection to an an emergency appeal filed by Trump's attorneys. Manhattan District Attorney Cyrus Vance in turn is requesting that the Second Circuit fast-track Trump's appeal, holding a hearing before the end of the week.
Hello from the most illiterate, litigious nation on the planet!

diabolical. unprecedented. egregious. inconceivable. Kill all the lawyers.

US District Court, Southern District of New York
Donald J. Trump v. Cyrus R. Vance, Jr., in his official capacity as District Attorney of the County of New York [Manhattan], and Mazars USA, LLP. 75 pp. (Too much?)

Questions and controversy over the scope of presidential immunity from judicial process, and unqualified invocations of such an exemption as advanced by some Presidents, are not new in the nation's constitutional experience. In fact, disputes concerning the doctrine arose during the Constitutional Convention in 1787 and the Framers' deliberations gave it some consideration. The underlying issues, however, wer not explicitly articulated in the text of the charter that emerged from the Convention and thus have remained largely unresolved. Consequently, the only thing truly absolute about presidential immunity from criminal process is the Constitution's silence about the existence andd contours of such an exemption, a void the President seeks to fill by the expansive theory he proffers.
[...blah monarchy blah arbitrary rule blah ...]
In numberous rulings, the courts have circumscribed claims of presidential immunity in multiple was. Specifically, they have held that such protection from judicial process does not extend to civil suits regarding private conduct that occurred before the President assumed office, to responding to subpoenas regarding the conduct of third-persons, and to providing testimony in court proceedings relating to private disputes involving third persons.
[...yadda yadda yadda...]
Because this Court finds aspects of such a doctrine repubnant to the nation's governmental structure and constitutional values, and for reasons further stated below, it ABSTAINS from adjudicating this dispute and DISMISSES the President's suit. In the alternative, in the event on appeal abstention wer found unwarranted unter the circumstances presented her, the Court DENIES the President's motion for injuctive relief.

archived case and controversy appeals
Can [JEAN] really do that?

Diversity is the key to economic and political evolution.

by Cat on Mon Oct 7th, 2019 at 07:31:09 PM EST
[ Parent ]
Yes, further down in the article was the notice that a stay had been granted by the Second District. They promised an expedited review. We will have to wait to see the outcome.

What else is new? And who could have known?

"It is not necessary to have hope in order to persevere."

by ARGeezer (ARGeezer a in a circle eurotrib daught com) on Tue Oct 8th, 2019 at 01:15:04 AM EST
[ Parent ]


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