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TRUMP ASKS U.S. SUPREME COURT TO PREVENT RELEASE OF HIS TAX RETURNS

By Lawrence Hurley, Karen Freifeld

4 Min Read

WASHINGTON (Reuters) - President Donald Trump on Thursday asked the
conservative-majority U.S. Supreme Court on Thursday to reverse a lower court
ruling that directed his longtime accounting firm to hand over eight years of
his tax returns to New York prosecutors.

FILE PHOTO: U.S. President Donald Trump speaks during a joint news conference
with Turkey's President Tayyip Erdogan at the White House in Washington, U.S.,
November 13, 2019. REUTERS/Tom Brenner/File Photo

Trump appealed a Nov. 4 ruling by the New York-based 2nd U.S. Circuit Court of
Appeals that prosecutors can enforce a subpoena demanding his personal and
corporate tax returns from 2011 to 2018 from accounting firm Mazars LLP.

“In our petition, we assert that the subpoena violates the U.S. Constitution and
therefore is unenforceable. We are hopeful that the Supreme Court will grant
review in this significant constitutional case and reverse the dangerous and
damaging decision of the appeals court,” said Jay Sekulow, one of Trump’s
lawyers.

The legal questions include whether the subpoena violates the part of the U.S.
Constitution that lays out the power of the president.

The office of Manhattan District Attorney Cyrus Vance, a Democrat, is seeking
the returns as part of a criminal investigation into Trump and the Trump
Organization, the president’s family real estate business.

Trump’s lawyers have said he cannot be subjected to any criminal process while
he remains president, a broad interpretation of presidential immunity. Even if
he is not immune, the subpoena is not valid because Vance has not shown any
specific need for the information, Trump’s lawyers argued.

“There has been broad bipartisan agreement, for decades if not for centuries,
that a sitting president cannot be subjected to criminal proceedings,” Trump’s
lawyers wrote.

Vance’s investigation involves alleged hush money payments to two women prior to
the 2016 election who said they had sexual relationships with Trump, which he
denies. Those payments were made to Stormy Daniels, a porn star whose real name
is Stephanie Clifford, and former Playboy model Karen McDougal, with the help of
Trump’s now-imprisoned former lawyer Michael Cohen.

If the justices decline to hear Trump’s appeal, the lower court ruling would
stand, clearing the way for Vance to obtain the documents.

Related Coverage

Ways Trump’s tax returns could come to light

If they opt to take up the appeal, the justices then must decide whether to hear
the case in their current term, which ends in June, or in their next term that
begins in October 2020, likely pushing any decision until after the November
2020 presidential election.

Vance agreed not to seek enforcement of the subpoena while Trump appealed the
matter on an expedited schedule.

Trump, who built a real estate empire with his New York-based business before
becoming president, also faces an impeachment inquiry in the Democratic-led U.S.
House of Representatives.

In a separate case in which the president has unsuccessfully fought efforts by
House Democrats to obtain his financial records from Mazars, Trump’s lawyers are
due to file an emergency application at the Supreme Court on Friday, Sekulow
said.

The U.S. Court of Appeals for the District of Columbia Circuit on Oct. 11 ruled
in favor of the House.

The same court on Wednesday declined to rehear that case, prompting Trump to
turn to the high court.

The court’s 5-4 conservative majority includes two justices Trump appointed:
Brett Kavanaugh in 2018 and Neil Gorsuch in 2017. Trump has prevailed at the
Supreme Court on major issues such as his travel ban on people entering the
United States from several Muslim-majority countries, but some legal experts
have predicted that he may not fare as well on cases focusing on his personal
conduct.

The House impeachment inquiry focuses on Trump’s request in a July phone call
for Ukrainian President Volodymyr Zelenskiy to investigate a domestic political
rival, Joe Biden, the former vice president and a top contender for the 2020
Democratic presidential nomination to face Trump.

Reporting by Lawrence Hurley; Additional reporting by Karen Freifeld and Brendan
Pierson; Editing by Will Dunham

Our Standards: The Thomson Reuters Trust Principles.

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