Monday, February 22, 2021

Supreme Court Rejects Trump’s Bid to Shield Financial Records from Manhattan Prosecutor


The Supreme Court, on Monday, Rejected Trump’s Last Chance effort to keep his Tax and Private Financial Records from the Manhattan District Attorney, ending a Long and Drawn out Legal Battle.

Manhatan District Attorney, Term-Limited Cyrus R. Vance Jr., has Won every Stage of the Legal Fight, including the First Round at the Supreme Court, but has yet to Receive the Records he says are necessary for a Grand Jury Investigation into whether Trump's Companies Violated State Law. Vance responded to the Court Decision with a Three-Word tweet: “The work continues.”

The Current Fight is a follow-up to Last summer’s Decision by the High Court that the President is Not Immune from a Criminal Investigation while he holds Office. “No citizen, not even the president, is categorically above the common duty to produce evidence when called upon in a criminal proceeding,” Chief Justice John G. Roberts Jr. wrote for the Majority in the 7 to 2 Decision. But the Justices said Trump could Challenge the Specific Subpoena, as every Citizen may, for being Overbroad or issued in Bad Faith.

Trump’s Complaints “amount to generic objections that the subpoena is wide-ranging in nature,” the Unanimous 2nd Circuit Panel wrote. “Again, even if the subpoena is broad, the complaint does not adequately allege that it is overbroad. Complex financial and corporate investigations are broad by default.” Similarly, the Panel said, “we hold that none of the president’s allegations, taken together or separately, are sufficient to raise a plausible inference that the subpoena was issued out of malice or an intent to harass.”

Vance is seeking Eight years of Trump's Tax Returns and related Documents as part of his Investigation into alleged Hush-Money Payments made ahead of the 2016 Election to Two Women who said they had Affairs with Trump years before. Trump Denies the Claims. Investigators want to Determine whether Efforts were made to Conceal the Payments on Tax Documents by Labeling them as Legal Expenses.

But Vance says there are Other aspects of the Investigation that have Not been Publicly Disclosed. Court Filings by the Prosecutors suggest the Investigation is looking into other Allegations of Impropriety, perhaps involving Tax and Insurance Fraud.

Vance and his Lawyers have said the Records are needed for a Grand Jury Investigation, and Pledged at the Supreme Court Hearing that they would Not be Released Publicly. “Similarly,” the Ruling says, “the President’s allegations of bad faith fail to raise a plausible inference that the subpoena was issued out of malice or an intent to harass.”

Vance is seeking the Records from Trump’s Longtime Accounting Firm, Mazars. In his Response to the Supreme Court in the current Fight, Vance said that the “obvious explanation for the subpoena’s breadth … is that the investigation had extended beyond the Cohen payments.”

Vance said in his Brief to the Court that, since the Subpoena was first Issued more than a year ago, it was time to let the Investigation run its course. “Applicant has had multiple opportunities for review of his constitutional and state law claims, and at this juncture he provides no grounds for further delay,” Vance wrote. “His request for extraordinary relief should be denied, and the grand jury permitted to do its work.”










NYC Wins When Everyone Can Vote! Michael H. Drucker


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