Politics Prosecutors flag that DOJ is not in sync with Trump on tax returns claim

02:50  16 october  2019
02:50  16 october  2019 Source:   politico.com

Trump Ordered to Turn Over 8 Years of Tax Returns to the Manhattan D.A.

  Trump Ordered to Turn Over 8 Years of Tax Returns to the Manhattan D.A. A federal judge on Monday rejected a bold argument from President Trump that sitting presidents are immune from criminal investigations, allowing the Manhattan district attorney’s office to subpoena eight years of the president’s personal and corporate tax returns. © T.J. Kirkpatrick for The New York Times President Trump at a White House event on Friday. Lawyers for Mr. Trump quickly told the court they would appeal the ruling from Judge Victor Marrero of Manhattan federal court. The president’s lawyers could not immediately be reached for comment.

New York prosecutors pressing for access to President Donald Trump ’ s tax returns are drawing attention to the Justice Department ’ s refusal to back up a claim by But Justice officials did not go as far as Trump lawyers, who argued that a sitting president is entirely off-limits to state prosecutors .

Citing constitutional grounds, lawyers for Mr. Trump argued in their lawsuit that a sitting president could not be criminally investigated and said that forcing him In an effort to rebut the claim by Mr. Trump that turning over his tax returns would cause him “irreparable harm,” the district attorney ’ s office said

New York prosecutors pressing for access to President Donald Trump’s tax returns are drawing attention to the Justice Department’s refusal to back up a claim by Trump’s personal attorneys that he is entirely immune from the state-run criminal justice process.

Donald Trump wearing a suit and tie: President Donald Trump.© Win McNamee/Getty Images President Donald Trump.

Manhattan District Attorney Cyrus Vance Jr. highlighted the disagreement Tuesday in a brief filed with a federal appeals court considering a suit Trump filed to block a grand jury subpoena issued to one of his accounting firms, Mazars USA.

“Given the DOJ’s own recent investigations, prosecutions, and convictions involving Appellant and his affiliates, including the prosecution of Michael Cohen, in which Appellant was referenced as an unindicted co-conspirator, the DOJ cannot (and does not) join in Appellant’s claim to an absolute immunity,” Vance and his colleagues wrote in a submission to the 2nd Circuit. “Appellant’s aggressive immunity claim here is particularly hollow in view of his failure to raise it in these recent investigations and prosecutions.”

Appeals Court Stays Order That Trump Release Tax Returns

  Appeals Court Stays Order That Trump Release Tax Returns A federal judge in New York ruled President Trump’s accounting firm must turn over eight years of his personal and business tax returns, an order immediately put on hold by an appeals court. © Evan Vucci/Associated PressThe decision came in a lawsuit filed by Mr. Trump against Manhattan District Attorney Cyrus Vance Jr. and Mazars USA LLP, his longtime accounting firm. Mr. Trump sought to block a subpoena for his tax returns that state prosecutors sent to the accounting firm, saying it was unconstitutional to subject a sitting president to what he called the “criminal process.

Trump ’ s attorneys have argued that a sitting president can’t be subject to a criminal process while in office and want the federal court to declare the subpoena unconstitutional. It is one of several that Trump has been embroiled in over access to his tax returns , which are also being sought by House

New York City prosecutors have subpoenaed President Donald Trump ' s tax returns , a person familiar with the matter told The Associated Press on Monday. Manhattan District Attorney ' s Cyrus Vance Jr.' s office recently sent a subpoena to Trump ' s accounting firm seeking the last eight years.

The Justice Department brief filed last week in the case said that the effort to use a criminal subpoena to obtain Trump’s tax returns raised “significant constitutional questions” and should be put on hold so its impact could be reconsidered by a federal district judge.

But Justice officials did not go as far as Trump lawyers, who argued that a sitting president is entirely off-limits to state prosecutors.

Vance’s team also scoffed at arguments from Trump and the Justice Department that impeachment is the mechanism the Constitution prescribes for misconduct by a president. The local prosecutors noted that Trump White House counsel Pat Cipollone sent a letter to Congress last week defying its demands for information in an impeachment inquiry.

Deutsche Bank tells court it doesn't hold Trump's tax returns

  Deutsche Bank tells court it doesn't hold Trump's tax returns Deutsche Bank said in a letter to a U.S. court that it does not hold copies of U.S. President Donald Trump's tax returns.Trump has appealed against the release by the German lender of banking records related to himself and his family which have been subpoenaed by the U.S. House Financial Services Committee and U.S. House Intelligence Committee.

Donald Trump has continued to use the fact that he' s under audit as an excuse not to publicly release his tax returns . Turns out precedent is not on his side. After all, when Nixon was actually serving as president, he was claiming unjustified deductions and failing to report all his income," Thorndike noted.

Mnuchin denies request for Trump ' s tax returns 01:40. Michael Zeldin, a CNN legal analyst, has served as a federal prosecutor in the While it is true that "Congress' investigatory power is not , itself, absolute" and that it " is not immune from judicial review," House Ways and Means Committee

“The reality is that Appellant has refused to participate in the very impeachment process that he presents here as the bulwark against placing a president above the law… His core position on every one of these matters is that the United States Presidency places him beyond the reach of the law,” Vance’s office wrote.

Prosecutors also emphasized their argument that allowing Trump to fend off the subpoena would threaten investigations of other individuals who could potentially be charged, regardless of whatever legal protections a president may claim.

Vance’s office says it is investigating various matters relating to the Trump Organization, including how the business recorded so-called “hush money” payments to two women who claimed sexual encounters with Trump, Stephanie Clifford and Karen McDougal.

Cohen, Trump’s former attorney, has pleaded guilty in federal court to arranging those payments as part of an effort to elect Trump to the presidency in 2016. Court documents filed by federal prosecutors in Manhattan alluded to Trump as a co-conspirator in that case, but he has not been charged. Justice Department policy bars charging a sitting president with a crime.

A three-judge panel of 2nd Circuit judges is scheduled to hear arguments on Trump’s appeal next week.

The dispute involving the Manhattan D.A. is one of at least four ongoing court cases involving efforts to obtain Trump’s financial records.

Last week, Trump lost the first of those cases to reach a federal appeals court as a D.C. Circuit panel ruled, 2-1, against his attempt to block a subpoena from the House Oversight and Government Reform Committee.

Trump’s attorneys have indicated they plan to go to the Supreme Court if lower courts don’t back his demands to quash the subpoenas.

Trump's lawyers say he couldn't be investigated or prosecuted if he shot someone on 5th Avenue .
President Trump's lawyers have made the bold and legally dubious argument that while he's in office, Trump cannot be investigated or prosecuted.

—   Share news in the SOC. Networks

Topical videos:

usr: 1
This is interesting!