Friday, August 2, 2019

President NY State Tax Case Update


Thanks to Richard Winger of Ballot Access News for this post.

A Federal Judge on Monday Ordered Lawyers for President Trump, House Democrats, and New York State, to try to come up with a Compromise in a Fight Over the President’s New York State Tax Returns.

Judge Carl Nichols said he wanted the Three Sides to Outline possible ways forward in the Dispute by 6pm July 30th, Tuesday.

On July 30th, all Three Sides in the Lawsuit Trump v Committee on Ways & Means and New York Attorney General Letitia James, submitted a Statement of how to Proceed.

The Case was filed by President Trump to stop New York State from giving a Copy of his State Income Tax Return to the Chair of the House Ways & Means Committee, Richard Neal (D-MA, 1st District). The Case is in U.S. District Court in D.C.

New York AG's Attorneys say the President should have Filed his Case in a U.S. District Court in New York State, not D.C.

The President asks the Court to Order the Chairman of the Ways & Means Committee to give at least Two Weeks Notice if he does decide to Ask for the Tax Returns.

The Chair of the Ways & Means Committee argues that it would Violate Article One, Section 6, for the Court to Enjoin any Congressional Action. That Part of the Constitution says, in part, “They (members of Congress) shall be privileged from Arrest…for any Speech or Debate in either House, they shall not be questioned in any other Place.”

UPDATE

New York Officials will Agree to Delay Acting on a Congressional Request for President Trump's New York State Tax Returns until there's a Ruling about whether a Federal Judge in Washington, D.C. has Jurisdiction in the matter.

Then the Federal Judge refereeing the Dispute over President Donald Trump’s New York State Tax Returns said he is Leaning toward Allowing New York to make a Bid to have the Case moved to that State.

On August 1st, U.S. District Court Judge Carl J. Nichols set a New Hearing Date of August 29th in President Trump’s Lawsuit against the U.S. House Ways & Means Committee and the State of New York. In the meantime, the State is Ordered Not to Turn over the State Income Tax Return. On August 29th, New York will Argue that this Case cannot Bind it, because it is Filed in the District of Columbia. New York says the Case should have been Filed in New York State.









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