Trump Asks Supreme Court to Bar Release of His Tax Returns

November 15, 2019 by Dan McCue
DACA faces its biggest challenge on Tuesday, Nov. 12, 2019: a hearing before the Supreme Court that will test whether it was properly enacted and whether President Donald Trump has the authority to end a program that has been a lifeline for hundreds of thousands of immigrants across the country. (Dreamstime/TNS)

WASHINGTON – President Donald Trump asked the Supreme Court on Thursday to bar his accounting firm from turning over eight years of his tax returns to prosecutors in New York.

The case has significance far beyond Trump as it could determined the scope of presidential immunity from criminal investigations.

Last week, a unanimous three-judge panel of the 2nd U.S. Circuit Court of Appeals rejected Trump’s claim that he is absolutely immune from criminal investigation while he remains in office.

But the panel, in a narrow ruling, held state prosecutors can require third parties to turn over a sitting president’s financial records for use in a grand jury investigation.

In his emergency petition to the Supreme Court, Trump says New York District Attorney Cyrus Vance, Jr., has subpoenaed his accountant, Mazars USA, in an attempt to compel it to produce the president’s financial papers and tax returns.

He also complains that subpoena “is the combination—almost a word-for-word copy—of two subpoenas issued by committees of Congress for these same papers.”

The petition asked whether the subpoena violates Article II and the Supremacy Clause of the United States Constitution.

“Whether the President is absolutely immune is an important and unsettled issue of federal law that the Court should resolve,” the petition says.

Trump has fought to shield his financial records almost since the day he entered the 2016 presidential race, mostly maintaining that he was under audit and that prevented their release.

Despite the 2nd Circuit ruling in their favor, Vance’s prosecutors have agreed not to seek the tax returns until the Supreme Court weighs in on the matter. However, in exchange for that courtesy, they want the case to have an expedited briefing schedule, one that would allow the justices to render a decision by June.

The filing of the emergency petition comes a day after another federal appeals court, in the District of Columbia, refused to review a decision by a divided three-judge panel that Mazars USA must comply with the House Oversight and Reform Committee’s demands for eight years of the president’s tax returns.

Attorneys for Trump said Thursday they will appeal that ruling to the Supreme Court as well.

Law

Atlanta-Based Court Considers School’s Transgender Bathroom Policy Civil Rights
Atlanta-Based Court Considers School’s Transgender Bathroom Policy

ATLANTA — Judges on the federal appeals court in Atlanta on Thursday peppered lawyers with questions in a case that could set an important precedent for bathroom access by transgender high school students. Two judges, both members of the more liberal wing of the 11th U.S.... Read More

Appeals Court Says Congress Entitled to Trump Bank Records Law
Appeals Court Says Congress Entitled to Trump Bank Records
December 4, 2019
by Dan McCue

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... Read More

States Appeal Judge’s Decision to Toss Local Tax Deductions Lawsuit Litigation
States Appeal Judge’s Decision to Toss Local Tax Deductions Lawsuit
December 3, 2019
by Tom Ramstack

WASHINGTON - Four states are appealing a federal judge’s September dismissal of their lawsuit challenging federal authority to limit state and local tax deductions. In a filing before the 2nd U.S. Circuit Court of Appeals, attorneys for the states argue the cap unconstitutionally interferes with their... Read More

Trump Lawyers Ask Supreme Court to Let Federal Executions Resume Criminal Justice
Trump Lawyers Ask Supreme Court to Let Federal Executions Resume

WASHINGTON — President Donald Trump’s administration asked the U.S. Supreme Court to clear the federal government to resume executions as soon as next week. The emergency filing on Monday urged the court to lift a hold that a trial judge placed on the federal death penalty... Read More

Impeachment is Latest Boon for Washington Lawyers In The News
Impeachment is Latest Boon for Washington Lawyers

WASHINGTON — Michael Volkov ran his client, Lt. Col. Alexander Vindman, through a “murder board” in preparation for his recent testimony under the glare of TV lights in the House impeachment hearings. Over more than a dozen intense days, Volkov and Vindman reviewed facts, dates and... Read More

House Oversight Panel Sues Barr, Ross to Obtain Census Documents Litigation
House Oversight Panel Sues Barr, Ross to Obtain Census Documents

WASHINGTON — A House committee on Tuesday filed a lawsuit against Attorney General William Barr and Commerce Secretary Wilbur Ross to get documents on the administration’s unsuccessful attempt to add a citizenship question to the 2020 census. President Donald Trump asserted executive privilege in June to... Read More

Straight From The Well
scroll top