Published: Sun, November 17, 2019
Global News | By Blake Casey

Trump asks SC to block NY subpoena for his tax returns

Trump asks SC to block NY subpoena for his tax returns

The Republican president's lawyers have called the Oversight Committee's subpoena to Mazars illegitimate.

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 to former Playboy model Karen McDougal.

Jay Sekulow, one of Trump's lawyers, said his team will ask the Supreme Court to overturn the appeals court decision.

The Thursday filing involves a subpoena issued by the Manhattan district attorney demanding Trump's tax returns from the same accounting firm.

The filing by the president's private lawyers represents a historic moment that will test the court and highlights the Constitution's separation-of-powers design.

It's thought to be the first time that a US President's personal financial dealings have made their way to the nation's top court.

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"The Second Circuit decision is wrong and should be reversed", Sekulow said in a statement. The court noted that Vance's subpoena seeks Trump's private tax returns and financial information - items related to his private business, not his official capacity as president.

Kupperman said in a complaint last month that he faces "irreconcilable commands" - a subpoena from House Democrats requiring him to cooperate and an order from the White House not to testify. "In light of the significant constitutional issues involved in this case, we are hopeful that the stay will be granted pending the timely filing of a petition for certiorari on behalf of the president". The case will come before a court that includes two Trump nominees, Justices Neil Gorsuch and Brett Kavanaugh.

Trump cited Rao as arguing that the subpoena constituted a law enforcement action because "the gravamen of the Oversight Committee's investigation ... is the President's wrongdoing".

Both Trump cases are likely to be on a fast track, meaning that if the court decides to hear them, a ruling would be possible before the end of June, when its current term ends. Trump has already lost at the trial court level, and that decision was upheld by a three-judge panel of the DC Circuit. The Trump attorneys because a president can't be indicted while in office, he's immune from any portion of the criminal justice procedure.

Trump is the first president since Gerald Ford not to release his tax returns publicly. A judge ruled against Trump in May, saying the documents might assist Congress in passing laws and performing other core functions.

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