October 7, 2019

A federal district judge orders Trump to turn 8 years of personal and corporate tax returns over to the Manhattan district attorney.

The NYT reports.
The Manhattan district attorney, Cyrus R. Vance Jr., has been investigating whether any New York State laws were broken when Mr. 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 Mr. Trump....

Mr. 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....

Federal prosecutors are barred from charging a sitting president with a crime because the Justice Department has decided that presidents have temporary immunity while they are in office.... Local prosecutors, such as Mr. Vance, are also not bound by the Justice Department’s position....
No response from the President's lawyers yet. Presumably, they'll appeal (and win).

UPDATE: "The president's attorneys have filed an emergency order of appeal."

AND:


UPDATE 2: Bloomberg reports:
Trump immediately appealed and in less than two hours won a delay to give the federal appeals court in Manhattan time for expedited review. The delay postponed what would have been a 1 p.m. Monday deadline for [his accountants] to begin turning over the records to prosecutors....

64 comments:

Michael K said...

Just another hack in black.

I'm Full of Soup said...

This judge was appointed by Clinton in 1999 to replace Sonia Sotomayor who got promoted I guess. Footnote- Sotomayor was originally appointed to Fed Bench by Bush I. Jeez -did the Bushes do anything conservative ever?

M Jordan said...

There is no need to read anything on Trump/Ukraine. Why waste brain cells on a topic that is as meaningless as the Russian collusion scam?

The only concern to have is who will win in 2020. It’s all about elections, baby.

Anonymous said...

"Presumably, they'll appeal (and win)."

But so far all the liberal bloggers and news sites are saying *this* time the wheels are coming off, the walls are closing in, his back is against the wall...

tim maguire said...

Does Cyrus Vance investigate every taxpayer who compensates people for non-disclosure agreements? Or just Republican politicians?

Wince said...

Besides the presidential immunity, the subpoena seems over broad and not supported by probable cause.

Temujin said...

Everything- from every corner- is being used to remove Trump. I've NEVER seen a single person under such an immense attack from every possible organization, within government(s), media, academia, both within and without our country.

This is unparalleled. We are all witness to this thing and half the country thinks it's just fine. It's A-OK because...Trump. It's so far beyond the pale, we may never recover from it.

Lucid-Ideas said...

The can of worms - and I don't mean Trump's tax returns - the left and democrats is opening with these new strategies is going to come back to smack them in the head so hard in the coming decade.

It is so monumentally short-sighted. They have no idea yet, but they will.

Dave Begley said...

The state DA doesn't need Trump's federal tax returns to investigate this alleged crime.

I don't even have to look up the biography of the federal judge. I can guess. Certainly a life long Dem appointed by Bill or Barack. Attended East Coast schools: Harvard or Yale Law. Worked as an AUSA or for a Big Law firm in NYC before getting the life long job. Upper East Side or Upper West Side. I don't know which is more fashionable. I live in Omaha. Avid reader of the NYT and the New Yorker. Liberal.

Witch Hunt.

Dave Begley said...

I was right. Victor Marrero. Yale Law. Many political positions. Appointed by Clinton. Worked in private practice for many years at unnamed law firm.

Fernandinande said...

What a trivial excuse for harassment.

I'd like to see an investigation of Obama's $65 million "book advance".

CWJ said...

Is there anyone potentially more malign than a federal district judge? They seem to rule whatever they damn well please knowing some other court up the line will fix whatever mischief they have caused. Ill behaved children with the appeals courts acting as parents.

henry said...

Is there no requirement that a crime occur prior to investigation? Or is French style judicial investigation now standard on this side of the Atlantic?

narayanan said...

I thought Discovery happens after case is filed - not for "investigation"?

Federal Judge ruling on / for a State matter?

rhhardin said...

They can't subpoena tax returns or else they can't require you to file tax returns owing to self-incrimination. The IRS has to keep them from other agencies of government.

traditionalguy said...

And the beat goes on. While the Dem's actual political corruption is always covered up by District Attorneys who say hands off and turn over all evidence because they are investigating it....forever and ever.

iowan2 said...

What law is being investigated? Election law? The SDNY already refused to prosecute the NDA and payments as a violation of election law.

Now what? NDA's are illegal? Without a crime, date, place, inured parties, the warrant is over broad.

Dust Bunny Queen said...

You know who ELSE should file appeals to stop the release of these Corporate Tax Returns.

EVERYONE else who is associated with the businesses, multiple NON public corporations, share holders, and anyone who's personal and private information will be illegally also disseminated.

The release of this information of parties who are not included SPECIFICALLY in any lawsuits is illegal.

They should ALL sue.

n.n said...

The demand must be made of every candidate and elected official, perhaps bureaucrat and anyone else who wields authority, too, past, present and progressive, or it's politically congruent.

Dave Begley said...

Many federal judges are very political people. That doesn't mean they aren't good judges, but when it comes to a political case they sometimes let their partisanship show. One senior federal judge in Nebraska (and a former neighbor of mine) was the chairman of the Nebraska Democrat party before he was immaculated, er, nominated. In the one high profile political case that he had, he came through for the Dems and was reversed by the 8th Circuit.

Marrero is a liberal and wants to get Trump. And when does a federal judge get involved in a state case? How do the federal courts even have jurisdiction?

This is a bad joke. Reversed.

Ingachuck'stoothlessARM said...

But wait! There's more!!
Democrats File Formal Documents Requesting William Barr’s Law License be Revoked
Bill Pascrell, a lawmaker out of New Jersey, has just filed official papers, requesting William Barr’s law license be removed.

https://www.waynedupree.com/pascrell-william-barr-law-license/

Big Mike said...

Tar. Feathers.

rehajm said...

This is unparalleled. We are all witness to this thing and half the country thinks it's just fine. It's A-OK because...Trump. It's so far beyond the pale, we may never recover from it.

RBG was (supposedly*) at an event this weekend where she said history will view this time as an 'aberration'. She's right, but probably/hopefully not in the way she meant...


* It's First Monday in October- did RBG show up for the team photo today?

gahrie said...

Why would they possibly need 8 years of personal and corporate tax returns to investigate whether or not he made a one time payment to his lawyer? Can you say obvious fishing expedition and harassment? I knew you could.

Birkel said...

Sarah Palin suffered this lawfare as Alaska Governor.
She didn't have the resources to defend herself.
The eGOP abandoned her.

rehajm said...

They're still hoping they'll find a 1099 from Putin. (Though I'd give odds they don't know what a 1099 is...)

stevew said...

"The IRS has to keep them from other agencies of government."

Which is why the subpoena went to Trump's accountants rather than the IRS?

Wiki tells me: "Also, the party being subpoenaed has the right to object to the issuance of the subpoena, if it is for an improper purpose, such as subpoenaing records that have no relevance to the proceedings, or subpoenaing persons who would have no evidence to present, or subpoenaing records or testimony that is confidential or privileged."

Why wouldn't Trump and his accountant declare his returns as confidential and privileged?

Ray - SoCal said...

A lawyer last week commented after a speech, about how you can tell how a decision will go based on who nominated the judge.

This is just wrong.

The fbi shredded their credibility.

Federal judges seem to be working on doing this also.

The lack of interest into Fisa abuse by Roberts I find troubling.

Plus the census decision.

Dave Begley said...

If the person who complained to the NJ Bar is a lawyer, that person's law license should be revoked. DisBarred so to speak.

Leland said...

A thing like this has never happened to any President before.

I'm pretty sure the DOJ rules about suits against a sitting President were tested under Clinton, no? Clinton lost. I understand the difference between criminal and civil, but it seems others want to test this difference.

Greg the class traitor said...

Tell you what, Democrats. You can have President Trump's tax records 8 years after the release of President Obama's medical records, college and law school transcripts, and college senior thesis.

Until then? If it's ok for your side to hide information that was routinely released by previous Presidents and candidates, then it's ok for Trump to do the same

Michael K said...

Birkel said...
Sarah Palin suffered this lawfare as Alaska Governor.
She didn't have the resources to defend herself.
The eGOP abandoned her.


Yes, and they thought it would work on a guy who has twice made 9 billion dollars.

Roy Lofquist said...

Prediction: The tax returns are a big nothing burger. In fact they will reveal that Trump was very generous with his charitable contributions.

chuck said...

These days I need to know who appointed a judge in order to evaluate the validity of their rulings. Sad!

rcocean said...

Since its a local attorney, why can't Trump just tell them to go to hell? What are they going to do, arrest him?

rcocean said...

"Sotomayor was originally appointed to Fed Bench by Bush I."

If your remember, George and Barbara both voted for Clinton in 2016. Bush II voted for his dog or something.

cubanbob said...

I do believe AG Barr has grounds to have the DoJ investigate the Manhattan District Attorney's office.

rcocean said...

I can only echo those upthread. What POTUS ever had 8 years of income tax returns requested by local law enforcement on the slimmest of pretexts? Its insane what Trump has had to put up with.

Yancey Ward said...

I have said it before and I will say it again- if there were anything damaging to Trump in any of those returns, someone would have leaked it 3 years ago. These returns can be accessed by probably dozens, if not hundreds, of people at these agencies and firms, and they surely have been combed over by such people in the effort to find anything to tar Trump with, and they have obviously come up empty- in other words, the benefit didn't outweigh the risk of leaking them anonymously.

For some reason, the idiots on the left seem to think Trump does his own tax returns and gets the rubberstamped by the IRS and New York State Revenue service. I can't explain this this reasoning as anything other than colossal ignorance about how the world actually works.

JAORE said...

The left can not see(or believe) that these techniques will ever be used on them. Lawfare has, indeed, been a tool mainly of the left.

But the conservatives are slowly learning that they have to fight back. Thank Trump for that.

You would think Harry Reid would have been an object lesson.

Clyde said...

When the federal Augean stables are cleaned, Cyrus Vance is one nugget who needs to be washed away.

readering said...

Rbg showed up. Thomas didn't.

rehajm said...

The ruling means that Trump is closer to losing control of his tax filings and other financial records after years of defying a modern presidential norm of disclosing them to the public

So modern norms have legal gravitas? Let's all remember that when discussing the rules of this 'impeachment inquiry'...

henry said...

Still wondering what crime is alleged, and how whatever it is defaults to a Manhattan DA.

Dear corrupt left, go F yourselves said...

why do we need to see his taxes?

Dave Begley said...

That's a nice trick. Issue the Order on Monday and demand compliance by 1:00 PM. Good thing Trump's lawyers were prepared and filed an immediate appeal.

The Dems, their lawyers and judges have waged an abusive judicial war on the Executive. This is really out of control.

mccullough said...

Trump has a lot of dirt on the Vance family. This should get interesting.

narciso said...

no that a civil matter, jones v Clinton, which was George conways big hey day, was it a pyrhic victory probably,

Tom T. said...

Given that the IRS has not leaked them nor taken any action over them, I think we can conclude that there is nothing actually noteworthy in the returns. That won't stop the inevitable, endless hashing over them for trivial details, however.

Bay Area Guy said...

The "Get Trump" Squad has tried hard these past years, but have not prevailed in their strategems:

Electoral College - Fail
Mueller - Fail
Nadler - Fail
Michael Cohen - Fail (in jail)
Michael Avenatti - Fail
Stormy Daniels - Fail (case dismissed)
Ukraine/Schiff - Failing

So, the NY DA has come to the rescue to try a new approach for state income tax returns, which will be leaked to the media, and then scrutinized by a NYT team of forensic accountants, claiming this deduction is off, and this payment is off, blah, blah, blah, blah.

The "Get Trump" Squad is shameless, but persistent. And, like a monstrous political hydra, it has many heads.

Michael K said...

So, the NY DA has come to the rescue to try a new approach for state income tax returns,

Cyrus Vance Jr whose father helped get us into Vietnam. I would think he would be a hermit.

Real American said...

Q: "why do we need to see his taxes?"

the Left: because he won't let us.

narciso said...

resigned over desert one, put that unworkable peace plan together in bosnia,

Jim at said...

So anybody who runs for political office will now have to turn over x-number of years of tax returns prior to the time they became a political figure?

Or just Donald Trump?

stevew said...

I agree that the fact we don't already know what is in his returns means there is nothing of significance, legally and politically, in his tax returns. Trump refuses to release them, perhaps to protect others he's done business with that don't want their relationship out there or known, but mostly to tweak the anti-Trump and Never-Trump crowds.

It's a red laser pointer that Trump is using to make those Democrats chase their tails and expose the ill motives.

William said...

Cyrus Vance got into a spot of trouble. He dropped the charges against Harvey weinstein even though the police had gathered a credible amount of evidence against the noted Hollywood producer and Democratic donor. Harvey had contributed $10,000 to the Vance re-election campaign. Vance runs unopposed but $10K is $10k. This caused some momentary embarrassment to Cyrus, but all that is now forgotten. In many ways, Cyrus is just as brave and honest as the whistleblower.

DarkHelmet said...

Cyrus Vance always seems to be in the middle of NY-related malfeasance. As the perp, not the investigator. Funny thing, that.

Jason said...

Not only did Vance not prosecute Weinstein, he also went out of his way to make a sweetheart deal with Epstein.

He's a lot more eager to go after Trump than he was to go after either Weinstein or Epstein.

Iman said...

Hack in Black

Hack in black
An empty sack
It's been too long I been smokin' that crack
Yes, I'm let loose
Squirrel n' moose
Don't know what I'm talkin' about
I've been playin' to the crowd
And that stiletto heeled Dowd
Send a hearse 'cause it's gonna get worse
I'm makin' a stench
From the bench
Won't lie, soon be makin' you clench
'Cause I'm hack
Yes, I'm hack
Well, I'm hack
Yes, I'm hack
Well, I'm hack, hack
Well, I'm hack in black
Just a hack in black

JAORE said...

"New York State laws were broken when Mr. 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 Mr. Trump...."

Did the payments take eight years? Of course not. So how in the world could that possibly require EIGHT years of tax returns.

PB said...

I thought you needed evidence of a crime before subpoena issuance?

Douglas B. Levene said...

The big issue here is whether local prosecutors can use the criminal process to harass the president of the opposing political party. Try to imagine how this might play out in the future once the gates are opened. I don't think it would be good for anyone. But the Democrats live in an imaginary world where they think the new laws and court decisions they are creating will never apply to them.

Placeholder said...

Some questions for Ms. Althouse.

1. Couldn't the Manhattan D.A. fight it in the New York courts, seeking Trump's New York tax returns? Wouldn't they yield duplicate information?

2. Are there any statute of limitations issues? My understanding from the media "coverage" is that the D.A. wants old returns. How far back can they go?

NEO-FIDO said...

Every time they do this shit, Democrats lose about 10,000 voters who won't vote in disgust and Trump likely gains 10,000 voters, not for his personal appeal or quality but out of disgust for the Democrats.

And they are likely not the same 10,000 people.