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Related: Editorials & Other Articles, Issue Forums, Alliance Forums, Region ForumsThread: Manhattan DA (Cy Vance) may get Trump's tax returns soon.
Vance issued a grand jury subpoena to get Trumps tax returns. Trump lost the court case to block the subpoena, but won a temporary stay of the subpoena while he appeals. That stay could be lifted by Tuesday.
First, note that Cy Vance is the Manhattan DA. He works for the State of NY, not for the federal government. This is a NY State criminal case against Trump, his family, and his businesses, related to alleged violations of NY State criminal laws.
The legal battle over the subpoena is being fought in federal court because Trump is claiming the US Constitution shields him from any investigation of alleged state law crimes. Because thats a question of federal law, it gets decided in federal court rather than state court.
Trump lost his case to block the subpoena in the US District Court and appealed to the 2nd Circuit Court of Appeals (one level below SCOTUS). Oral argument on that appeal is scheduled for Wednesday (10/23), and the subpoena has been stayed until after that oral argument.
Last week, Trump asked the 2nd Circuit to extend the stay so it doesnt end on Wednesday. The court has not ruled on that motion so Trump panicked on Friday and made another filing saying he will make an emergency appeal to SCOTUS on Tuesday if the court doesnt rule by then.
Trump is panicking about this because it seems highly unlikely the 2nd Circuit will extend the stay. Courts typically only issue stays to prevent irreparable harm and Trump will *not* suffer irreparable harm if this subpoena is allowed to proceed.
Lets assume Trumps ridiculous argument that hes immune from investigation is correct (even though its not). What harm would Trump suffer if the grand jury gets to see the tax returns next week? So long as Trump isnt indicted, theres no harm to him that cant be undone.
The way this would normally work is the subpoena would be served and the parties would fight it out in court. A stay only gets issued if there will be harm that cant be undone. Thats not the case here so a stay is inappropriate. And Trump knows it, so hes panicking.
This issue is going to come to a head on Tuesday. If the 2nd Circuit doesnt rule on Trumps motion to extend the stay by Tuesday, Trump will consider that a denial and file an emergency appeal to SCOTUS. Thats unlikely to work because theres clearly no emergency here.
In other horrible news for Trump, the three-judge panel randomly assigned to hear his appeal consists of two Obama appointees and a Clinton appointee, none of whom take the expansive view of Executive Branch power that would support Trumps claimed immunity from investigation.
Link to tweet
abqtommy
(14,118 posts)erronis
(15,328 posts)The Vance family has had a varied history with prosecutions and accountability.
I'd just be careful trusting these movements. There may be reasons for them to be more feints and coverups than transparency.
wnylib
(21,606 posts)revealed I don't believe it will happen. If Trump appeals it as far as SCOTUS they will rule in his favor. It's a conservative court.