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Judge dismisses Trump request to keep taxes secret in New York

A federal judge on Monday dismissed President Donald Trump's effort to prevent his tax returns from being turned over to a New York grand jury.

Posted: Oct 7, 2019 8:36 AM
Updated: Oct 7, 2019 11:39 AM

(CNN) -- A federal judge on Monday dismissed President Donald Trump's effort to prevent his tax returns from being turned over to a New York grand jury.

The ruling raises the likelihood that Trump's tax returns will be provided in response to the subpoena, although any material obtained through a grand jury subpoena is covered by grand jury secrecy rules, meaning it would likely become public only if it were used as evidence at a trial.

Dismissing Trump's "extraordinary" claim that any occupant of the White House enjoys "absolute immunity from criminal process of any kind," US District Court Judge Victor Marrero said in a 75-page opinion that such a position "would constitute an overreach of executive power."

An attorney for Trump filed an emergency notice of appeal to the 2nd US Circuit Court of Appeals minutes after the district court judge filed his decision, and the appeals court immediately ordered a temporary stay of the subpoena.

In a tweet Monday, Trump criticized the legal effort.

"The Radical Left Democrats have failed on all fronts, so now they are pushing local New York City and State Democrat prosecutors to go get President Trump. A thing like this has never happened to any President before. Not even close!" Trump tweeted.

Prosecutors are looking at whether the Trump Organization violated any New York state laws -- including potentially filing false business records -- in its effort to reimburse Michael Cohen, Trump's former attorney, who paid some of the hush money on Trump's behalf. Cohen is serving a prison sentence after pleading guilty in a federal case concerning the payments.

As part of its probe, the DA's office sent Trump's accounting firm, Mazars USA, a grand jury subpoena seeking tax returns and related documents going back to 2011. On Monday, a spokeswoman for the company said, "Mazars USA will respect the legal process and fully comply with its legal obligations."

The Manhattan District Attorney's Office, led by Cyrus Vance, Jr., is examining hush money paid during the 2016 presidential campaign to two women who alleged having affairs with Trump a decade ago. Trump has denied the affairs.

Ability to challenge the President

In his opinion, Marrero allowed that some aspects of the criminal process could impede a President's ability to perform his duties. "Certainly lengthy imprisonment upon conviction would produce that result," he wrote.

But, Marrero added, "that consequence would not necessarily follow every stage of every criminal proceeding," and in particular, he said, doesn't extend to a president's compliance with a grand jury subpoena for records the president controls.

The judge wrote that the issues at hand stretched back to questions addressed by the Founding Fathers.

"Shunning the concept of the inviolability of the person of the King of England and the bounds of the monarch's protective screen covering the Crown's actions from legal scrutiny, the Founders disclaimed any notion that the Constitution generally conferred similarly all-encompassing immunity upon the President," Marrero wrote.

Courts have ruled that a president can be subjected to a civil suit concerning conduct that took place before he took office and must comply with subpoenas regarding third parties, Marrero pointed out. "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," he wrote.

The ruling is also a setback for the US Justice Department, which had asked last week to temporarily block the subpoena, to allow time for "appropriate briefing of the weighty constitutional issues involved."

"The President's complaint raises a number of significant constitutional issues that potentially implicate important interests of the United States," DOJ officials wrote in a court filing.

Mississippi Coronavirus Cases

Data is updated nightly.

Cases: 514171

Reported Deaths: 10285
CountyCasesDeaths
Harrison34920557
DeSoto33270432
Hinds32652642
Jackson24876391
Rankin22516404
Lee16366245
Madison14932283
Jones14129247
Forrest13785260
Lauderdale12279324
Lowndes11314193
Lamar10663140
Pearl River9720244
Lafayette8855143
Hancock7839132
Washington7553169
Oktibbeha7216138
Monroe7036179
Pontotoc7003109
Warren6872178
Panola6768135
Neshoba6732210
Marshall6686142
Bolivar6451151
Union640898
Pike5933156
Alcorn5887107
Lincoln5533136
George510380
Prentiss505385
Tippah492783
Itawamba4857107
Scott478199
Adams4771125
Tate4765117
Leflore4736144
Copiah457095
Yazoo456692
Simpson4554117
Wayne443172
Covington434695
Sunflower4315106
Marion4279112
Coahoma4238109
Leake414090
Newton395782
Tishomingo384894
Grenada3777109
Stone365766
Jasper340866
Attala338790
Winston317892
Chickasaw316167
Clay312578
Clarke301295
Calhoun285949
Holmes271889
Smith269452
Yalobusha244247
Tallahatchie232053
Greene224749
Walthall221866
Lawrence219141
Perry213456
Amite209857
Webster206248
Noxubee188743
Montgomery181857
Carroll174941
Jefferson Davis173843
Tunica163339
Benton153139
Kemper145041
Choctaw136727
Claiborne134439
Humphreys132139
Franklin126029
Quitman107628
Wilkinson106139
Jefferson96934
Sharkey65321
Issaquena1957
Unassigned00

Alabama Coronavirus Cases

Cases: 845761

Reported Deaths: 16119
CountyCasesDeaths
Jefferson1161862004
Mobile742411381
Madison53315732
Shelby38351369
Baldwin38104589
Tuscaloosa36052641
Montgomery34492781
Lee25590263
Calhoun22598518
Morgan22459406
Etowah20026518
Marshall18790316
Houston17741425
St. Clair16904358
Limestone16153219
Cullman16067303
Elmore15912294
Lauderdale14991306
Talladega14209299
DeKalb12985269
Walker12067380
Blount10729192
Autauga10526157
Jackson10170194
Coffee9425192
Colbert9341208
Dale9024192
Tallapoosa7273201
Russell708865
Chilton7042170
Escambia6956143
Covington6943195
Franklin6338108
Chambers5785142
Marion5413130
Dallas5295209
Pike5123109
Clarke484886
Lawrence4831129
Winston4780110
Geneva4643136
Bibb434594
Barbour369980
Butler3439100
Marengo342393
Monroe337466
Randolph334867
Pickens333988
Fayette330085
Henry320766
Hale318489
Cherokee318363
Crenshaw260777
Washington256952
Cleburne254560
Lamar251953
Clay251169
Macon245064
Conecuh193162
Coosa185547
Lowndes178268
Wilcox177638
Bullock152545
Perry141840
Sumter139241
Greene130245
Choctaw93228
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