2nd Circuit Court of Appeals Grants Trump Emergency Reprieve on Tax Returns


Per Axios the Second Circuit Court of Appeals
granted President Trump an emergency stay Monday after the president lost a key court
ruling over his tax returns, reports Bloomberg. President Donald Trump lost his bid Monday
to shield his tax returns from the Manhattan District Attorney’s office, which subpoenaed
them as part of an investigation into “hush payments” to Stormy Daniels and Karen McDougal. In a 75-page decision, Judge Victor Marrero
said he could not endorse “such a categorical and limitless assertion of presidential immunity
from judicial process as being countenanced by the nation’s constitutional plan.” Trump had argued he was immune from any criminal
proceeding while in office. The judge said the president was entitled to no such “protective
shield.” “The notion of federal supremacy and presidential
immunity from judicial process that the president here invokes, unqualified and boundless in
its reach as described above, cuts across the grain of these constitutional precedents,”
Marrero wrote. Judge Victor Marrero was appointed by Bill
Clinton to replace Sonia Sotomayor when she was promoted to the Supreme Court. NBC News reports the U.S. Court of Appeals
for the Second Circuit on Monday granted President Donald Trump a last-minute reprieve in his
effort to prevent New York prosecutors from obtaining his tax records. The stay was issued not long after a federal
judge rejected Trump’s claim that he was immune from criminal investigations in a bid
to block a subpoena from the Manhattan district attorney seeking eight years of personal and
business tax returns. As a result of the stay, Mazars USA, the president’s
tax preparer, doesn’t have to hand over the documents by 1 p.m. Monday, as was required.
A panel of appellate judges will hear the case on an expedited basis and then issue
a ruling. Earlier Monday, U.S. District Court Judge
Victor Marrero tossed the lawsuit Trump’s legal team had brought against District Attorney
Cyrus Vance arguing Vance should not receive Trump’s tax returns because “‘[v]irtually
all legal commenters agree’ that a sitting President of the United States is not ‘subject
to the criminal process’ while he is in office.” In a 75-page order, Marrero called the presidential
immunity Trump invoked in the lawsuit to stop the production of tax documents “unqualified
and boundless.”

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