Donald Trump’s lawyers are starting ANOTHER attempt to prevent prosecutors from receiving his tax return
Donald Trump’s attorneys say they will make ANOTHER attempt to stop New York prosecutors from getting his tax return, claiming it is a “fishing expedition” and “harassment”
- Trump’s lawyers joined in a request for ‘further proceedings’
- The Supreme Court ruled 7-2 this month that prosecutors can receive Donald Trump’s tax returns through subpoenas to his bank and accountant
- For the ruling, Manhattan DA has to go back to court to get subpoenas
- She cited the Court’s ruling that the President could bring subpoenas that are not part of a “fishing expedition” or that have been done in “bad faith”
- A new Reuters / Ipsos poll shows that two-thirds of Americans want to see Trump’s taxes.
Donald Trump’s lawyers have made another attempt to keep the president’s tax returns from prosecutors, this time suggesting that subpoenas have been made in “bad faith” as part of a “fishing expedition.”
Trump attorney William Consovoy filed a motion for “further procedures” on Wednesday with the U.S. District Court in the Southern District of New York, arguing, among other things, for a 25-day waiting period after the Supreme Court ruling of July 9 on the case .
The Supreme Court ruled 7-2 this month that prosecutors can receive Donald Trump’s tax returns by subpoena from his bank and accountant – but it’s not at all clear whether prosecutors could get them before the November 3 election.
President Trump’s attorney, William Consovoy, on Wednesday filed a motion for “further litigation” at the U.S. court in the Southern District of New York, where they noted that subpoenas cannot be part of a “fishing expedition”
The court also imposed a four-part test that Trump’s lawyer referred to – including stating that large juries should not participate in “ random fishing expeditions. ”
But it ruled that Trump was not protected by any immunity from his office, opening prosecutors to get documents it was looking for as part of an investigation into ‘silent’ payments going to porn star Stormy Daniels, who claims she was having an affair with the president. Trump denies it.
As Trump’s lawyer noted, the Court also ruled that the president could argue that a subpoena is “motivated by a desire to intimidate or be executed in bad faith” – foreshadowing arguments that Trump will attempt to put forward keep the information out of the hands of prosecutors.
Trump has fought a legal battle on several fronts to keep his tax returns a secret, even after saying he would release them during the 2016 campaign. Following the ruling, White House press chief Kayleigh McEnany said Trump would release them if he was no longer under control, which he has been doing for four years.
The motion also suggests a protracted round of legal feud, saying that the parties “are likely to disagree on the correct scope of discovery” in developing a “factual case file.”
Manhattan prosecutor Cyrus Vance Jr. urges the courts to act promptly after a Supreme Court ruling on Trump’s taxes
The President should not be required to sue “without understanding the nature and scope of the investigation and why the public prosecutor needs all the documents requested.”
That allegation received strong admonition from Manhattan DA Cy Vance, who replied that the president invites the court to institute a “sharpened investigation” as the Supreme Court rejected it in his ruling, outlining the importance of large-scale juries and safeguards. was emphasized in the process for citizens.
A lawsuit that goes into the “motives” of the American lawyer would be “very irregular and inappropriate,” he writes, adding that the court has already determined that there was no evidence of bad faith.
Vance issued subpoenas in August seeking eight years of Trump’s personal and corporate tax records, which started the legal battle.
The judge presiding over the case, Victor Marrero, a former U.S. ambassador to the Organization of American States, asked both parties to respond in action regarding the next steps.
A new Reuters / Ipsos poll shows that two-thirds of Americans want to see Trump’s taxes.
About a quarter of respondents believe the earnings contain “incriminating evidence against him,” 10 percent think Trump is trying to hide significant financial losses, and 16 percent think Trump doesn’t want to reveal them because he “don’t pay taxes.”
TRUMP TAX RETURN: WHAT HAPPENS NEXT?
Prosecutor Cy Vance Jr. in Manhattan must return to New York court to extend his subpoenas from Deutsche Bank and Mazars, Trump’s bank and accountants.
He has indicated that he will do this. Scheduling a hearing is in the hands of the court, and it has been speculated that it could take weeks.
However, the New York court has already issued the subpoenas, so it is unlikely that a judge will not renew them.
Can Trump appeal the subpoenas?
Yes. Trump only defended himself against the subpoenas by claiming that as president he was immune from law enforcement investigations. Now he could try to use other appeals – although it is not clear what they are. His lawyer claims that he will come up with new “constitutional” reasons why the archives should be kept secret.
He can appeal in two directions – he can go to federal court in Manhattan or to the courts of New York state.
But the most important thing to convince every judge is to stay awaiting appeal.
If he gets that, he can appeal to the state courts and try again at the federal level, or go straight to the federal courts with his new reasons to stop the subpoenas.
Democrats in Congress have a subpoena ready to serve on Trump but must first argue in front of a federal court in Washington DC
The Supreme Court handed over on both sides a roadmap of other “separation of power” issues to discuss.
Realistically, a hearing is unlikely to take place in the summer and will certainly be appealed, postponing its likely resolution only after the elections.