The Fight over Access to President Trump’s Tax Returns could be Fast-Tracked to the Supreme Court in time for a Decision before Next Fall’s Election, under an Agreement struck Monday between Trump’s Attorneys and a Local Prosecutor in New York.
Trump’s Lawyers agreed that if they Lose a Court Battle Scheduled for Argument at the New York-based 2nd Circuit Court of Appeals on Wednesday, they will take No more than 10 days to Petition the Supreme Court to Hear the Case.
Trump’s Legal Team also Agreed that, if Trump Appeals to the High Court, he will ask the Justices to Hear the Case in its Current Term. Typically, the last Cases of the Term are Argued in April and the Final Decisions come by the End of June.
In Exchange for Trump’s Agreement to keep the Legal Fight moving at a brisk pace, Lawyers from Manhattan District Attorney Cyrus Vance Jr.'s Office agreed to Hold Off trying to Enforce a Grand Jury Subpoena issued to One of Trump’s Accounting Firms in August. The Investigation relates to the Trump Organization’s Role in Alleged Hush Money Payments to Adult Film Star Stormy Daniels, as well as Other matters.
The Justices are under No Obligation to Hear the Case or to Schedule it as the Parties Request. However, a Request from a Sitting President would likely get Close Attention from the High Court. While a Case heard by the Supreme Court this Term would likely be decided by June, a Case heard in the Following Term would almost certainly Not be Decided until After the Election.
Trump filed Suit in Federal district Court in New York last month in a bid to Block the Grand Jury Subpoena. The Judge assigned to the Case Dismissed the Suit, Ruling that he had No Jurisdiction to Intervene in a State Court Proceeding.
Trump then Appealed that Decision to the 2nd Circuit. A Three-Judge Panel, all of whom were Appointed by Democratic Presidents, is set to hear 40 minutes of Arguments on the Subject Wednesday morning.
At least Three other Disputes related to Trump’s Financial Records are also Pending in the Courts and could, potentially, make their way to the Supreme Court.
Earlier this Month, a Panel of the D.C. Circuit Court of Appeals Voted, 2-1, to Reject a Suit Trump brought to Block the Same Accounting Firm from Complying with a Subpoena the House Oversight Committee Issued in April. Trump’s Attorneys could Ask the Full Bench of the D.C. Circuit to Rehear that Appeal or they could Ask the Supreme Court to take up the Dispute.
Another 2nd Circuit Panel is currently considering a Case Trump brought Challenging House Subpoenas aimed at seeking his Tax Returns and other Financial Records from Two Trump Lenders, Deutsche Bank and Capital One. The Banks have said they Don’t have Trump’s Personal Returns, but Deutsche appears to have Returns for Two Trump Family Members.
And a Federal District Judge in Washington is considering a Lawsuit the House Ways and Means Committee filed in July against the Treasury Department and the Internal Revenue Service over their Refusal to Comply with a formal Committee Demand and Subpoena for Trump’s Tax Returns and Returns filed by Trump Businesses. No Ruling has been Issued yet.
NYC Wins When Everyone Can Vote! Michael H. Drucker
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