LIVE: Trump Fights State Subpoena In Federal Appeals Court Arguments | Talking Points Memo

An appellate court panel in New York grilled President Trump’s personal attorney about his claims that Trump’s financial records cannot be subpoenaed by state prosecutors from his accounting firm.


This is a companion discussion topic for the original entry at https://talkingpointsmemo.com/?p=1257555
2 Likes

“What is the irreparable harm that your client would suffer” if the financial records were disclosed to the grand jury, Chief Judge Robert Katzmann argued, noting that other entities such as regulators also hold the records.

Consovoy was also grilled on his argument that the subpoena would unconstitutionally distract the president from his duties. The judges noted that it was a third party — his accounting firm Mazars — that has been subpoenaed.

Hmmm…those don’t exactly sound like winning arguments, more like grasping at straws.

41 Likes

When Trump first met with the nation’s governors he said, “make states the laboratories of democracy once again”.
Must have changed his mind again.

20 Likes

Trump wouldn’t be in this pickle if he’d released his tax returns, as he promised. We can’t have a democracy without transparency, and that includes financial records.

29 Likes

Have they argued he can’t be investigated, charged, and is completely above the law? I heard they are trying to lock that down

12 Likes

Trump’s legal arguments are specious. It’s all a delay tactic. He doesn’t want his taxes or grand jury materials from the Mueller probe released during impeachment. A good appellate panel knows it and will decide the case quickly.

37 Likes

“Your honors, and may it please the court, but my client contends that he can’t release his financial records on account of he’s guilty as hell and would go to prison for the rest of his life if they were released so yeah they would cause him irreparable harm–plus his wife won’t sleep with him.”

The “irreparable harm” contended here is otherwise known as legal accountability, and his lawyer is basically saying that the judicial process is unfair because it punishes guilty people.

45 Likes

Why is a state subpoena being challenged in federal court instead of state court?

11 Likes

Every Dictator used existing laws to get there, usually by creative gymnastics like this fucker.

Let him get away with this at your peril…and I submit that, because this country has a legal system much more stable than most countries, what you give this mook will be established law going forward

33 Likes

[quote] At one point, Judge Denny Chin asked Trump’s personal lawyer William Consovoy what kind of investigation the local police could do if a sitting President shot someone on 5th Avenue.

Consovoy at first said there could be no investigations done until the President was impeached. Pressed again, he clarified that some investigation work could be done, but it could not involve the President or the custodians of his records. [/quote]

You know, there’s this little rule of professional conduct for lawyers that says the arguments they make must have some reasonable basis in fact and law. Consovoy ought to be worried about sanctions on this load of crap.

Rule 3.1: Meritorious Claims & Contentions

Advocate

A lawyer shall not bring or defend a proceeding, or assert or controvert an issue therein, unless there is a basis in law and fact for doing so that is not frivolous, which includes a good faith argument for an extension, modification or reversal of existing law. A lawyer for the defendant in a criminal proceeding, or the respondent in a proceeding that could result in incarceration, may nevertheless so defend the proceeding as to require that every element of the case be established.

36 Likes

Because they’re invoking the supremacy clause, which can only be adjudicated federally. They’re not arguing the underlying case here but rather the validity of these subpoenas. It’s a procedural, not a substantive appeal.

27 Likes

The appellate court suspiciously is avoiding any mention of Zelensky in this case. Or Carter Page. Weird.

2 Likes

Do they need to keep specific to the case at hand? Not sure if the UKR thing is appropriate here.

1 Like

Where is Judge Denny Chin’s birth certificate?

And another thing, why does no one ever remember actually seeing him at law school?

10 Likes

He was born in Hong Kong, so he must be biased against Trump’s standing with the Chinese in its showdown with HK protesters.
/s

2 Likes

Your honor, there will be irreparable damage to the Office of the President if the current occupant is exposed to be a chiseler, cheater, and liar.

22 Likes

AGAIN…Donnie makes HIMSELF look guilty with suppressing everything related to him and ordering all his minions NOT to cooperate with various branches of government. This is ALL on him.

14 Likes

You’ll never convince the cult members, including the GOP members of Congress, that this is true. Never. They will follow him into the eighth circle of hell and blame the Dems for the heat wave.

16 Likes

I was wondering when Trump’s lawyers would argue that as a sitting president he could commit murder w/out consequences. I think—at the risk of bringing in more Latin—that they’ve reached the reductio ad absurdem of their legal argument. Douchebags!

25 Likes

Actually much of the legal community argues a President can be prosecuted for murder, but it has to wait until he/she is again a private citizen. Presidents are TEMPORARILY immune to sanctions for criminal acts.

2 Likes