Politics: Trump asks Supreme Court to shield his tax returns from prosecutors, setting up historic separation-of-power showdown - - PressFrom - US
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Politics Trump asks Supreme Court to shield his tax returns from prosecutors, setting up historic separation-of-power showdown

00:30  15 november  2019
00:30  15 november  2019 Source:   washingtonpost.com

Trump Tax Return Case Confronts Supreme Court With a Momentous Choice

  Trump Tax Return Case Confronts Supreme Court With a Momentous Choice In a matter of days, President Trump will ask the Supreme Court to rule on his bold claim that he is absolutely immune from criminal investigation while he remains in office. If the court agrees to hear the case, its decision is likely to produce a major statement on the limits of presidential power — and to test the independence of the court itself. Mr. Trump has been the subject of countless investigations and lawsuits since he took office in 2017. Mr. Trump has been the subject of countless invest took office, including a 22-month inquiry by Robert S. Mueller III, the special counsel appointed to look into his campaign’s ties to Russia.

President Trump asked the Supreme Court on Thursday to stop a prosecutor ’s investigation of his personal finances, a The filing by the president’s private lawyers represents a historical moment that tests the court ’s independence and highlights the Constitution’s separation - of - powers design.

A federal judge on Monday rejected President Trump ’s effort to shield his tax returns from Manhattan state prosecutors , calling the president’s argument that he was immune from criminal investigation “repugnant to the nation’s governmental structure and constitutional values.”.

President Trump asked the Supreme Court on Thursday to stop a prosecutor’s investigation of his personal finances, a bold assertion of presidential power that seeks a landmark decision from the nation’s highest court.

a man wearing a suit and tie: President Trump speaks to the International Association of Chiefs of Police during their annual conference in Chicago earlier this month.© Brendan Smialowski/Afp Via Getty Images President Trump speaks to the International Association of Chiefs of Police during their annual conference in Chicago earlier this month.

The filing by the president’s private lawyers represents a historical moment that tests the court’s independence and highlights the Constitution’s separation-of-powers design. It also marks a new phase in the investigations that have dogged Trump throughout his presidency and have culminated in an impeachment inquiry.

Judge urges House to negotiate with Trump in tax return fight

  Judge urges House to negotiate with Trump in tax return fight A U.S. judge on Wednesday told lawyers for the House of Representatives that it should try to reach a compromise with the Trump administration over access to the president's tax returns, saying the two branches of government are required to at least attempt to make a deal. require(["medianetNativeAdOnArticle"], function (medianetNativeAdOnArticle) { medianetNativeAdOnArticle.getMedianetNativeAds(true); }); "I think there should be a way for the parties to figure this out," said U.S. District Judge Trevor McFadden during an oral argument, adding "it seems to me that there could be some common ground.

President Donald Trump covers his face from TV lights as he walks towards the media on the South Lawn of the White House in Washington, before his The court could also decline to hear the case, effectively requiring the disclosure of his returns . The president's personal attorney Jay Sekulow

Donald Trump and his lawyers keep asking courts to help keep the president's tax returns hidden. That said, if the Supreme Court takes up the case, the stage will be set for a historic fight over separation of powers . About a year ago, former House Speaker Newt Gingrich (R-Ga.), a close

The case involves Manhattan District Attorney Cyrus Vance Jr.’s attempt to enforce a grand jury subpoena issued to the president’s accountants for eight years of Trump’s tax records.

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Trump went to court to block the subpoena, making a broad claim that presidents are immune from investigation while in office. A district judge and a panel of the U.S. Court of Appeals for the 2nd Circuit ruled against him, saying the subpoena was proper and the president’s longtime accounting firm, Mazars USA, must comply.

Vance’s office agreed to hold off on enforcing the subpoena if Trump’s lawyers quickly asked the Supreme Court to hear the case this term.

Trump lawyers to appeal tax return decision to Supreme Court next week

  Trump lawyers to appeal tax return decision to Supreme Court next week President Trump's personal attorneys told a federal judge on Friday that they intend to petition the Supreme Court next week to review an appeals court decision that said the Manhattan district attorney can subpoena the president's tax returns.Trump's lawyers and the district attorney's office said in a joint letter to a federal judge that the decision will be appealed to the high court by Nov. 14.

The subpoena asked for eight years of Trump ’s tax returns . A panel of three judges rejected the News peg: This is the third separate case this month in which Trump has suffered a major legal What’s next: Trump ’s tax returns will or won’t be released until the Supreme Court either decides

Congress can seek eight years of President Trump ’s tax records, according to a federal appeals Trump ’s lawyers have said they are prepared to ask the Supreme Court to intervene in this case New York appeals court rejects Trump ’s attempt to withhold tax returns from local prosecutors .

The justices are not required to review the lower court’s decision. But the chances that the high court will get involved increased Wednesday, when a separate appeals court in a separate case concluded Congress has a right to those same tax records.

The cases set up a potentially dramatic decision on presidential power like those the Supreme Court rendered against Presidents Richard M. Nixon and Bill Clinton. Both were unanimous rulings rejecting the their pleas, and suggest Trump might have trouble keeping the tax information from prosecutors and Congress.

It will come before a court that includes two Trump nominees, Justices NeilM. Gorsuch and Brett M. Kavanaugh. In addition, Justice Ruth Bader Ginsburg in media interviews before the 2016 election criticized Trump’s decision not to release his tax returns, as other presidential nominees had done.

“How has he gotten away with not turning over his tax returns?” Ginsburg said in an interview with CNN. “The press seems to be very gentle with him on that.” After criticism, Ginsburg said she should not have commented on the candidate.

Trump asks justices for temporary block of House subpoena

  Trump asks justices for temporary block of House subpoena President Donald Trump wants the Supreme Court to keep House Democrats from getting his financial records at least until the justices resolve a broader fight over efforts to subpoena a sitting president’s records. Trump filed an emergency appeal with the court Friday in a case from Washington, D.C., over a subpoena from a House committee for financial records held by Trump’s accountants. The request comes a day after he urged the high court to rule that a president cannot be prosecuted or even investigated for crimes while in office. require(["medianetNativeAdOnArticle"], function (medianetNativeAdOnArticle) { medianetNativeAdOnArticle.

WATCH Federal prosecutors demand Trump ’s tax returns . Add Donald Trump as an interest to stay up to date on the latest Donald Trump news, video, and analysis from ABC News. In his dissent, also filed Wednesday, appellate Judge Gregory Katsas conceded that "this case presents

During his confirmation hearing, Menashi refused to answer questions from both Republican and Depending on the outcome of a pending appeal to the Supreme Court , the case could come before the 2nd The Supreme Court has confirmed Congress’ power to issue subpoenas pursuant to potential

The court’s decision on whether to grant Trump’s requests to review the lower court decisions would likely come in time for a full hearing before the justices this term and a ruling in the coming presidential election year.

Trump has moved aggressively to block examination of his tax records, filing lawsuits against congressional committees, two banks and Mazars, which has said it would turn over the records if courts so order.

Other separation-of-powers cases that could reach the Supreme Court include Congress’s effort to access redacted portions of special counsel Robert S. Mueller III’s report on Trump’s 2016 campaign and Russian interference in that election, and lawsuits alleging Trump’s private businesses violate the emoluments clauses of the Constitution.

Vance has said his office needs the records for its investigation into alleged hush-money payments during the 2016 campaign to Stormy Daniels, an adult film actress, and former Playboy model Karen McDougal. Both women said they have had affairs with Trump, and Vance’s office is examining whether any Trump Organization officials filed falsified business records, in violation of state law, related to the payments. Trump has denied the affairs and any wrongdoing.

House is investigating whether Trump lied to Mueller, its general counsel told a federal appeals court

  House is investigating whether Trump lied to Mueller, its general counsel told a federal appeals court Appeals panel will hear argument over whether secrecy rules apply to a Hill committee.

Congress requested six years of President Trump ’s tax returns from the I.R.S.Credit Al Drago Mr. Trump has indicated in recent days that he is ready to fight to keep his financial information private. If it does not, the House could go to court to try to enforce the request — a process that legal experts

Key: “The member of my staff could hear President Trump on the phone, asking Ambassador Sondland about ‘the investigations.’ There's more: The Taylor aide then asked Sondland what Trump thought about Ukraine. “Ambassador Sondland responded that President Trump cares more

Trump’s attorney William S. Consovoy has argued that while in the White House, Trump has “temporary presidential immunity” not just from prosecution, but also from investigation. At the appeals court hearing in New York, Consovoy said in response to a judge’s question that the president, for as long as he is in office, could not even be investigated for shooting someone on the streets of Manhattan.

The Justice Department filed a brief in support of the president, but it did not endorse Trump’s assertion that he has absolute immunity from investigation. Instead, government lawyers said there are some instances when a local prosecutor might legally seek a president’s documents — but this was not one of them.

Vance has rejected Trump’s sweeping immunity claims, saying the president is seeking to “invent and enforce a new presidential ‘tax return privilege’ ” that would bar anyone from seeing his returns. “No such privilege exists in the law,” Vance’s office said in court filings at the 2nd Circuit.

U.S. District Judge Victor Marrero in New York called Trump’s theory “repugnant to the nation’s governmental structure and constitutional values.”

A unanimous panel of the U.S. Court of Appeals for the 2nd Circuit issued a more subdued ruling against Trump.

U.S. House panel agrees to 10-day hold in fight for Trump financial data

  U.S. House panel agrees to 10-day hold in fight for Trump financial data A House of Representatives committee on Monday told the U.S. Supreme Court it would agree to a 10-day hold - but not a longer delay - on a lower court ruling directing President Donald Trump's accounting firm to hand over his financial records to the Democratic-led panel. © Reuters/TOM BRENNER U.S. President Donald Trump delivers remarks on honesty and transparency in healthcare prices inside the Roosevelt Room at the White House in Washington The case represents an important showdown pitting the powers of the presidency against the authority of Congress, with Trump fighting doggedly to keep details of his finances private.

A federal appeals court in Washington, D.C., again upheld a district court ruling granting Congress access to President Donald Trump 's tax records, teeing off a likely battle in the Supreme Court to settle the matter. The ruling on Wednesday by the full U.S. Circuit Court of Appeals marks yet another.

His attorneys have previously said they intend to ask the Supreme Court to take up the New York case. Courts -- including the Supreme Court Trump has claimed that ongoing IRS audits have stopped him from making his tax returns public, even though audits don't prevent individuals from

Chief Judge Robert A. Katzmann, writing for the majority, noted the Supreme Court’s 1974 decision ordering the White House to turn over Nixon’s audiotapes during a criminal investigation of his aides.

Trump “has not persuasively explained why, if executive privilege did not preclude enforcement of the subpoena issued in Nixon, the Mazars subpoena must be enjoined despite seeking no privileged information and bearing no relation to the president’s performance of his official functions.”

His panel’s decision was far more limited, he said, and did not address whether Trump was subject to prosecution.

“The only question before us is whether a state may lawfully demand production by a third party of the president’s personal financial records for use in a grand jury investigation while the president is in office,” Katzmann wrote.

Cyrus Vance, Jr. wearing glasses and a suit and tie: Manhattan District Attorney Cyrus R. Vance Jr. speaks during a news conference in September.© Brendan Mcdermid/Reuters Manhattan District Attorney Cyrus R. Vance Jr. speaks during a news conference in September.

He added in a footnote:

“We note that the past six presidents, dating back to President Carter, all voluntarily released their tax returns to the public. While we do not place dispositive weight on this fact, it reinforces our conclusion that the disclosure of personal financial information, standing alone, is unlikely to impair the president in performing the duties of his office.”

Unlike other disputes involving past presidents, Vance’s subpoena does not require any action from Trump, because it is aimed at his accounting firm.

Trump’s suit against the House Oversight and Reform Committee became ripe for Supreme Court review Wednesday, when the full U.S. Court of Appeals for the D.C. Circuit declined to review a ruling against Trump by a panel of the court.

A divided three-judge panel of the court held in October that the House had issued its subpoena for “legitimate legislative pursuits, not an impermissible law-enforcement purpose,” as the president’s lawyers had argued.

“Contrary to the president’s arguments, the committee possesses authority under both the House rules and the Constitution to issue the subpoena, and Mazars must comply,” wrote Judge David S. Tatel, who was joined by Judge Patricia A. Millett. Both were nominated by Democratic presidents.

Judge Neomi Rao, a Trump nominee, had dissented in the case, and she was joined by two other Republican-nominated judges in unsuccessfully advocating for a rehearing.

Judge Gregory Katsas, another Trump nominee who had earlier worked in the White House Counsel’s Office, called the congressional subpoena a “threat to the presidency” and warned it would be “open season on the president’s personal records” if Congress is allowed to compel the president to disclose personal records based on the possibility that it might inform legislation.

robert.barnes@washpost.com

ann.marimow@washpost.com

Manhattan DA asks Supreme Court to let them enforce subpoena for Trump tax returns .
The Manhattan district attorney's office asked the Supreme Court to reject President Trump's effort to shield his tax returns from a grand jury subpoena, in a case where the president's lawyers have argued that he is immune to any criminal investigation or prosecution.A federal appeals court had ruled that Trump's accounting firm must hand over eight years of tax returns and other financial records and the president last week appealed that decision. The district attorney's office argued in a brief filed Thursday that the appellate ruling was narrowly focused to the facts of the case and does not merit a review from the nation's highest court.

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