Trump Lost At SCOTUS But He Has New Gambit To Delay The Subpoena Of His Financial Docs | Talking Points Memo

The Supreme Court last week rejected the President Trump’s claims of total immunity from the criminal process, but a hearing Thursday in New York previewed what could be the next flashpoint in the proceedings over a subpoena for Trump’s financial docs.


This is a companion discussion topic for the original entry at https://talkingpointsmemo.com/?p=1320834
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“Let’s not let delay kill this case,” he said.

“But it’s all we’ve got left,” Consovoy protested.

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He sure wants to keep these docs under wrap.

He has everything to lose and little to gain.

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Such a big defeat that the Supreme Court inflicted on Trump… they even told him how to delay things forever

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Another day, another lame excuse.

would_you_believe

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Well, he never was going to do what was ordered by the supreme court.

This one should piss Roberts off, and be a wake-up call that if Trump’s re-elected, Roberts’ court is going to be totally irrelevant.

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Even if his financial records are opened up to the DA, I’m 100% sure Trump has always had a labyrinth of accounting obfuscation wrapping is actual financial state. After becoming president, he has had three and a half years to further hide his misdeeds. Previously it was up to Trump and his accountant to hide things; for the past four years he has had powerful and smart people at his disposal to help put up a firewall around all of that mess.

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discovery

Ironic word, in this context.

More ironic, Trump’s first campaign lie — I have no problem releasing my tax returns — will be a major cause of his re-election loss.

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I offer a bet to anyone who doubts that Chief Justice Roberts is other than a shameless political hack that cares nothing for the Constitution, the law or his oath of office but only cares for what is good for the Republican Party to help it hold power.

Right now there is a case literally right out of the text of the 24th amendment making its way through the courts. If the Supreme Court acts timely and decided in accordance with the very text let alone the congressional record for the 24th amendment, the 2020 election is over as Florida goes blue.

The case involves 1,400,000 Florida residence, almost all are Black, who for various reasons the Republican’s controlling Florida had managed to deny the right to vote. One such situation is when 37 people all under 30 who were charged with felony possession because they attended a party where someone had just over an ounce and a half of pot. Of course all 37 people were Black and offered a deal if the pled to the felony they would get released with no penalty. The D.A. forgot to mention they would all lose forever their right to vote in Florida.

Anyway, in one of the few times optimists may have been right, the people of Florida voted overwhelmingly to pass a constitutional amendment forcing Republicans in Florida to give these people back their right to vote. Florida Republicans reacted by passing a law again prohibited literally right out of the record for the 24th amendment requiring unaffordable fees be paid or deny these 1,400,000 mostly Black Florida citizens their constitutional right to vote.

Now the 24th amendment passed in 1965 in is not some archaic hard to understand 18th century language but is written in modern easily understandable and indisputable prose. That is what Republicans in Florida are trying to do is in violation of the 24th amendment is as plain as the nose on everyone’s face including every member of the Supreme Court.

If the Supreme Court follows the Constitution and in enough time for those 1,400,000 mostly Black citizens of Florida to vote in the 2020 election, then I will agree Roberts is other than a totally compromised political hack who cares nothing for the constitution, the law or his oath of office whose only real concern is what will help the Republican Party take and hold power. But if the Supreme Court allows Republicans in Florida to basically gut the 24th amendment to stop those 1,400,000 almost all Black people in Florida from voting, then you must admit Roberts is a totally compromised political hack who cares nothing for the constitution, the law or his oath of office whose only real concern is what will help the Republican Party take and hold power.

One other important point, in fact maybe the most important point, is if Roberts and his four stooges does allow Florida to gut the 24th amendment and charge fees to vote Florida knows its citizens cannot pay, it will not take long for several other states pass similar laws.

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A perfectly reasonable request. To greatly facilitate Fat Nixon’s attorneys knowing which files to shred first…

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image

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< had powerful and smart people at his disposal >
citation needed, all I see is grifters, crooks, and hacks.

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So much for adhering to the ‘Highest Court in the Land’!!!

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NY state courts won’t let Trump evade the subpoena. They will fail, and the Grand Jury will have the tax returns.

A reminder: The pubic won’t see the tax returns unless and until criminal charges are filed.

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This needs to be turned into an attack point. Videos asking “why is the POTUS who claims to be for law and order trying to hide things? Why is he delaying and delaying?”
We saw how quickly they backed off of the attacks on Fauci when it blew up in their faces. Every tactic should be turned into an attack. If they can’t flip flop fast enough to make anything stick, they’ll just be throwing feces by September. (Not that they aren’t doing that right now.)
Also, the RNC needs to hurt here as well. CoRonna McDaniel needs to feel the pain of this convention.

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The Supreme Court declared that Trump had to be treated like every other citizen – and every other citizen doesn’t get discovery when dealing with a third party subpoena…

EXCEPT (and this is a point I made when the decision came out), Roberts made it clear that there was one argument that Trump can make that no ordinary citizen can make – that

In addition, a President can raise subpoena-specific constitutional challenges in either a state or a federal forum. As noted above, he can challenge the subpoena as an attempt to influence the performance of his official duties, in violation of the Supremacy Clause.

In other words, the judge in this case can pretty much ignore all the objections and demands made by Trump concerning garden variety “bad faith and undue burden or breadth.” At most, he may tell Vance to come back with a slightly more limited, or more specifically targeted, request to address the “undue breadth” question.

But the whole “Supremacy clause” thing? That has to be treated as something separate and distinct by the judge – because if he doesn’t treat it seriously, we’ll go through the exact same process that just occurred – with the Supreme Court doing the exact same thing --sending it back down to marrero for more proceedings.

(Roberts also quotes from the Clinton v Jones case

[t]he high respect that is owed to the office of the Chief Executive . . . should inform the conduct of the entire proceeding, including the timing and scope of discovery.”

and I expect that Trump’s lawyers are trying to use that citation to argue for discovery — but its clear from the context of the quote (and the original context in Clinton v Jones) that Roberts is talking about discovery demands UPON the President, not the demands for discovery that the President wants.

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Not sure I understand whether discovery cuts both ways here. Can’t Trump be deposed by the attorneys seeking his tax returns?

Also not sure why they’re not back to the law from the early 20th century, passed by Congress, that the House can ask for and see the tax returns of any citizen, this law specifically drawn up to be able to see a President’s tax returns, what with us not having a king and all…

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This is what he does; uses the court system to delay and obstruct. I don’t think he’s going to get away with this one; Mazars is the party who should have sued.

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Delay, obstruct, deny and accuse. It’s his lifelong MO but it’s going to run its course pretty soon. A lifetime of writing bad checks is finally going to catch up with a lifelong grifter and it’s going to be wonderful to see. My advice is to follow the lead of Seoul’s former mayor.

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Trump loves to DELAY…

Trump delayed Covid response
= 138k+ Americans died
= approx 3.5M Americans infected

Trump delayed releasing his tax returns
= Justice delayed is justice denied
= Trump wants to be above the law aka king
= Trump kills our Rule of Law!

“We Have a Lot of Killers“ - Trump

On hindsight, who knew one of them is you!

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