facebook linkedin twitter

Appeals Court Says Congress Entitled to Trump Bank Records

WASHINGTON, DC - OCTOBER 16: U.S. President Donald Trump pauses as he meets with President Sergio Mattarella of Italy in the Oval Office of the White House October 16, 2019 in Washington, DC. President Trump is holding talks with President Mattarella on bilateral issues including “common security challenges and shared economic prosperity.” (Alex Wong/Getty Images/TNS)

WASHINGTON  — The 2nd U.S. Circuit Court of Appeals on Tuesday ruled Congress is entitled to review President Donald Trump’s banking records as it investigates possible foreign influence in U.S. elections, violations of the emoluments clause and other issues.

The three-judge 2nd Circuit panel said Congress was acting within its constitutional authority when it opened investigations into whether Trump was “vulnerable to foreign exploitation.”

“The Committees’ interests in pursuing their constitutional legislative function is a far more significant public interest than whatever public interest inheres in avoiding the risk of a Chief Executive’s distraction arising from disclosure of documents reflecting his private financial transactions,” wrote U.S. Circuit Judge Jon Newman.

As a result, Newman wrote, Deutsche Bank and Capital One must comply with subpoenas from the House Financial Services and Intelligence committees seeking records related to his business ventures.

The decision by the panel upheld a May ruling by U.S. District Judge Edgardo Ramos, who had said Trump and his company were unlikely to succeed in proving that the subpoenas were unlawful and unconstitutional.

The panel also rejected arguments that the subpoenas were meant merely to harass or embarrass the president, but did acknowledge Trump deserves some privacy protections, including protection from public disclosure of the document’s details.

As a result, it granted Trump a limited opportunity to object to the disclosure of specific documents.

Lawyers for the House committees, both of which are controlled by Democrats, have said in the past the House needs access to documents from the banks to investigate possible foreign influence in the U.S. political process and other issues, including possible money laundering.

Jay Sekulow, Trump’s personal lawyer, said in a statement that the president’s legal team is considering an appeal to the Supreme Court.

“We believe the subpoena is invalid as issued. In light of the Second Circuit decision, we are evaluating our next options,” he said.

If they do petition the Supreme Court to review the decision, it would only be the latest of a series of appeals the president has filed with the high court in recent weeks.

In mid-November, the president’s lawyers filed an emergency appeal with the justices over a ruling in a Washington, D.C., case involving a subpoena from a House committee for financial records held by Trump’s accountants.

They’ve also appealed a ruling in a case in which Manhattan District Attorney Cyrus Vance Jr. is seeking 8 years of Trump’s tax returns from his accountant as part of a wide-ranging criminal grand jury probe. 

Law

October 21, 2021
by Tom Ramstack
FBI Raids DC Home of Russian Oligarch Allegedly Linked to 2016 Influence-Peddling

WASHINGTON -- An FBI search of the Washington, D.C. home of a Russian oligarch this week is moving the Justice... Read More

WASHINGTON -- An FBI search of the Washington, D.C. home of a Russian oligarch this week is moving the Justice Department into the political minefield that comes from mixing foreign policy with legal enforcement. The FBI conducted what it called "law enforcement activity" at the home... Read More

October 19, 2021
by Dan McCue
Fortenberry Accused in Indictment of Lying to FBI

WASHINGTON — Nine-term Rep. Jeff Fortenberry, R-Neb., has been indicted by a federal grand jury on charges of lying to... Read More

WASHINGTON — Nine-term Rep. Jeff Fortenberry, R-Neb., has been indicted by a federal grand jury on charges of lying to the FBI and concealing information from federal agents investigating campaign contributions illegally made to him by a Nigerian billionaire. The indictment stems from an FBI investigation... Read More

October 12, 2021
by Tom Ramstack
Lawsuit Challenges Law Banning ‘Ghost Gun’ Sales

WASHINGTON -- Guns are again playing a big role in the courts and politics of Washington, D.C. after a champion... Read More

WASHINGTON -- Guns are again playing a big role in the courts and politics of Washington, D.C. after a champion of Second Amendment rights filed a new federal lawsuit to challenge a local law that seeks to restrict some firearms.  This time, Dick A. Heller is... Read More

October 11, 2021
by Tom Ramstack
American University Students Appeal Tuition Refund Ruling

WASHINGTON -- Three American University students are appealing a ruling that dismissed their lawsuit demanding tuition refunds after the COVID-19... Read More

WASHINGTON -- Three American University students are appealing a ruling that dismissed their lawsuit demanding tuition refunds after the COVID-19 pandemic compelled a transition to online learning. They argue the university breached a contract and received unjust enrichment after they paid tens of thousands of dollars... Read More

October 11, 2021
by Reece Nations
Texas Abortion Ban Reinstated by Appeals Court Following Brief Suspension

Just days after a preliminary injunction allowed health care providers to resume performing abortions, a three-judge panel of the U.S.... Read More

Just days after a preliminary injunction allowed health care providers to resume performing abortions, a three-judge panel of the U.S. Court of Appeals for the Fifth Circuit temporarily restored a Texas law banning the procedure after six weeks of pregnancy. The ruling came two short days... Read More

October 8, 2021
by Dan McCue
Don’t Need a Clairvoyant to Know Court’s Position on Psychic Mail Fraud Scheme

MIAMI, Fla. - Three individuals and two companies have been permanently enjoined from operating an international mail fraud scheme offering... Read More

MIAMI, Fla. - Three individuals and two companies have been permanently enjoined from operating an international mail fraud scheme offering unwary consumers psychic, clairvoyant or astrological services, the Justice Department said on Friday. Robert Lhez, Mireille Dayer and Julie Poulleau, all residents of France, are alleged... Read More

News From The Well
scroll top