A Federal Judge, Victor Marrero of Manhattan Federal Court, on Monday Rejected a Bold Argument from President Trump that Sitting Presidents is Immune from Criminal Investigations. The Ruling does Not mean that the President’s Tax Returns will be Turned Over immediately. Trump’s Lawyers quickly Appealed the Decision, and the Appeals Court Agreed to Temporarily Block the Tax Turnover Order.
As Part of a Temporary Deal reached last month, Vance’s Office Agreed Not to Enforce the Subpoena until Two days after Judge Marrero issued a Ruling, which would give Trump a chance to Appeal if he Lost. But that Agreement was to Expire at 1pm on Monday.
The Judge’s Decision came a little more than a Month after the Manhattan District Attorney, Cyrus Vance Jr., Subpoenaed Trump’s Accounting Firm, Mazars USA, for his Personal and Corporate Returns dating to 2011. Vance’s Office has been Investigating whether any New York State Laws were Broken when Trump and his Company Reimbursed the President’s Former Lawyer and Fixer, Michael D. Cohen, for Payments he made in the Run-Up to the 2016 Election to the Pornographic Film Actress Stormy Daniels, who had said she had an Affair with Trump. Trump has Denied having an Affair with Ms. Daniels. Trump became an Unindicted Co-Conspirator in the Case on August 21st, 2018.
Trump’s Lawyers Sued last month to Block the Subpoena, arguing that the Constitution effectively makes Sitting Presidents Immune from All Criminal Inquiries until they leave the White House. The Lawyers Acknowledged that their Argument had Not been Tested in Courts, but said the Release of the President’s Tax Returns would cause him “irreparable harm.”
In his 75-page Ruling, Judge Marrero called the President’s Argument “repugnant to the nation’s governmental structure and constitutional values.” Presidents, their Families, and Businesses are Not above the Law, the Judge wrote.
Vance’s Office had asked Judge Marrero to Dismiss Trump’s Suit, saying a Grand Jury had a Right to “pursue its investigation free from interference and litigious delay” and Rejecting his Claim to Blanket Immunity. The Judge was Appointed by President Bill Clinton.
If Vance ultimately Prevails in obtaining the President’s Tax Returns, they would Not Automatically become Public. They would be Protected by Rules Governing the Secrecy of Grand Jury Investigations unless the Documents became Evidence in a Criminal Case.
Trump’s Accounting Firm, which he Sued along with the District Attorney’s Office to Bar the Company from Turning over his Returns, Reissued the Statement it Released nearly Three weeks ago when the Lawsuit was filed, saying it “will respect the legal process and fully comply with its legal obligations.”
Trump’s Lawyers have Sued to Block attempts by Congressional Democrats and New York Lawmakers to gain Access to his Tax Returns and Financial Records. They also Challenged a California Law requiring Presidential Primary Candidates to Release their Tax Returns, that looks like it Violates the State Constitution. We are waiting to see if the California Secretary of State Appeals the Court's Rejection of the Law.
NYC Wins When Everyone Can Vote! Michael H. Drucker
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