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Sat Sep 26, 2020, 07:38 AM

Judge asks district attorney why he didn't take Trump's tax returns weeks ago

National Security

Judge asks district attorney why he didn’t take Trump’s tax returns weeks ago

By Shayna Jacobs
September 25, 2020 at 3:43 p.m. EDT

NEW YORK — A federal appeals judge on Friday questioned why Manhattan's district attorney declined to execute a grand jury subpoena for President Trump's long-sought tax returns when it appeared after a recent court order that prosecutors had an opportunity to do so.

Judge Pierre N. Leval said he believed that the order issued Sept. 1 by a separate three-member panel of judges from the U.S. Court of Appeals for the 2nd Circuit was meant to pause a lower court’s dismissal of Trump’s renewed bid to kill the subpoena — but that it did not prevent the district attorney, Cyrus R. Vance Jr. (D), from collecting the president’s financial records from his accounting firm in the meantime.

“The stay was a stay on dismissal of complaint,” Leval said during questioning of a lawyer for the district attorney. “It was not a stay on execution of subpoena.” ... A stay is a judicial order that temporarily prevents an event that is the subject of litigation from taking place. ... The judge added that the “existence of the complaint doesn’t stop the district attorney from enforcing the subpoena.” ... Carey Dunne, general counsel in the district attorney’s office, said the appeals court’s Sept. 1 order was not interpreted that way.

[Court temporarily blocks enforcement of subpoena for Trump’s tax records]

Both sides were ordered to submit by Tuesday written arguments explaining how each interpreted the order, which did not offer specific guidance on whether the subpoena was subject to the stay. Rather, it only generally granted the intervention Trump and his attorneys sought.

{snip}

Shayna Jacobs
Shayna Jacobs is a federal courts and law enforcement reporter on the national security team at The Washington Post, where she covers the Southern and Eastern districts of New York. Follow https://twitter.com/shaynajacobs

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Reply Judge asks district attorney why he didn't take Trump's tax returns weeks ago (Original post)
mahatmakanejeeves Sep 26 OP
brush Sep 26 #1
Colleen8406 Sep 26 #2
brush Sep 26 #8
jaxexpat Sep 26 #16
lark Sep 26 #4
brush Sep 26 #7
Kitchari Sep 26 #3
bucolic_frolic Sep 26 #5
BigmanPigman Sep 26 #6
jrthin Sep 26 #10
Captain Zero Sep 26 #25
Illumination Sep 26 #9
oldsoftie Sep 26 #11
flying_wahini Sep 26 #12
oldsoftie Sep 26 #24
Suburban Warrior Sep 26 #13
Fiendish Thingy Sep 26 #14
Pepsidog Sep 26 #15
dlk Sep 26 #17
Raster Sep 26 #18
dlk Sep 26 #20
Raster Sep 26 #22
dlk Sep 26 #23
Jetheels Sep 26 #19
ancianita Sep 26 #21

Response to mahatmakanejeeves (Original post)

Sat Sep 26, 2020, 07:47 AM

1. So Manhattan DA Vance's office screwed up and didn't execute the subpoena for trump's taxes...

when they had the chance?

WTF? turmp remains the luckiest, dumb motherfu_ker ever. His taxes were there for the taking legally and someone blew it?

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Response to brush (Reply #1)

Sat Sep 26, 2020, 07:54 AM

2. Legal caution...

If the order was ambiguous and later interpreted to mean execution was stayed, the entire case could be thrown out. In a high profile, high stakes white collar criminal case, jurisprudence dictates being absolutely certain of each step.

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Response to Colleen8406 (Reply #2)

Sat Sep 26, 2020, 08:05 AM

8. So where does that leave us? Is the legal process to get his taxes still proceeding?

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Response to Colleen8406 (Reply #2)

Sat Sep 26, 2020, 09:19 AM

16. And perhaps, more importantly, how is the subpoena to be enforced?

Does anybody doubt for a moment that Barr would direct the chain of command that ends with the FBI to thwart the effort? Barr's playing a pretty precarious role in all things, Justice Department. If he loses in an important point of contention, his whole card house could tumble. Trump's financial records are key to his legitimacy and electability. Trump considers it part of Barr's job to save him on this. Is the FBI compromised to the extent that they will not, can not perform legal actions?

I think the questions are: Who is prepared to blink on the question of actually enforcing the acquisition of the accounting firm's files? What organization will perform the acquisition in such a way as to provide them available for perusal and publication? and useful in prosecution? Anybody? Ultimately, it's lawless and will prove who's packing the biggest heat. Corruption or truth.

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Response to brush (Reply #1)

Sat Sep 26, 2020, 07:59 AM

4. Ha, I seriously doubt it was luck.

As always, someone got bribed or threatened and that's why it wasn't done.

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Response to lark (Reply #4)

Sat Sep 26, 2020, 08:02 AM

7. Ahhh, now that I believe. Someone needs to drill down on that angle and find out.

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Response to mahatmakanejeeves (Original post)

Sat Sep 26, 2020, 07:58 AM

3. It was a trap

More ratf*cking

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Response to mahatmakanejeeves (Original post)

Sat Sep 26, 2020, 07:59 AM

5. You want a clean case with no questions, no appeals

Following rule of law. Wise to not snatch what might have involved ambiguous process.

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Response to mahatmakanejeeves (Original post)

Sat Sep 26, 2020, 08:00 AM

6. Why can't I seem to trust Vance?

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Response to BigmanPigman (Reply #6)

Sat Sep 26, 2020, 08:13 AM

10. You shouldn't. At every pivotal moment, he drops the ball.

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Response to jrthin (Reply #10)

Sat Sep 26, 2020, 10:02 PM

25. He always seems to be Slow Walking every step of this himself

nt

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Response to mahatmakanejeeves (Original post)

Sat Sep 26, 2020, 08:07 AM

9. Huh? this STINKS like old limburger cheese!...

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Response to mahatmakanejeeves (Original post)

Sat Sep 26, 2020, 08:22 AM

11. We'll never see them until it no longer matters.

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Response to oldsoftie (Reply #11)

Sat Sep 26, 2020, 08:38 AM

12. Or until next month....October surprise.

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Response to flying_wahini (Reply #12)

Sat Sep 26, 2020, 03:01 PM

24. How would seeing them next month help trump? Unless they were faked.

And showed him donating 10s of millions to charity or something like that.

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Response to mahatmakanejeeves (Original post)

Sat Sep 26, 2020, 08:48 AM

13. Don't Trust Cy Vance

Vance let Ivanka and Don Jr. off the hook for the Trump Soho scam. I wouldn't trust him to do the right thing when it comes to the Trumps.

https://www.newyorker.com/news/news-desk/how-ivanka-trump-and-donald-trump-jr-avoided-a-criminal-indictment

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Response to mahatmakanejeeves (Original post)

Sat Sep 26, 2020, 08:51 AM

14. I don't trust Cy Vance - he let Ivanka and Jr. off the hook in an earlier case. Nt

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Response to mahatmakanejeeves (Original post)

Sat Sep 26, 2020, 08:53 AM

15. During the debate Biden has to turn the tables in Trump and ask him to his face easy civics

questions like "Mr. Trump, I doubt, even knows the three branches of government". Trump doesn't know them. Or, name the 48th president of the USA-now that will confuse the hell out of Dotard.

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Response to mahatmakanejeeves (Original post)

Sat Sep 26, 2020, 09:30 AM

17. Wondering exactly how trustworthy Cy Vance is

We need someone who will vigorously pursue this crime family

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Response to Raster (Reply #18)

Sat Sep 26, 2020, 10:15 AM

20. Vance is up for reelection

He needs to go.

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Response to dlk (Reply #20)

Sat Sep 26, 2020, 11:34 AM

22. That he is, and that he does.

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Response to Raster (Reply #22)

Sat Sep 26, 2020, 12:13 PM

23. With so many fires to keep track of, I hadn't paid close enough attention to his record

He’s apparently one of the corrupt old boys who gives his wealthy & connected constituents a pass. Scratch the surface & there’s likely lots of dirt to be found. It’s pretty bad when a judge admonishes him about not enforcing his own subpoena.

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Response to mahatmakanejeeves (Original post)

Sat Sep 26, 2020, 10:08 AM

19. I'm not sure if I'm cynical, hopeless, or realistic,

but I can’t believe anyone is serious that they will ever get his taxes.
Two times, Vance tried protecting Weinstein.
The wealthy look after each other.

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Response to mahatmakanejeeves (Original post)

Sat Sep 26, 2020, 10:21 AM

21. If Vance let the kids off, it was because in real estate, one isn't criminally liable for lying.

They lied to prospective buyers about how well Soho was selling, that's all. New York law might allow that to be a misdemeanor, but it's not a serious crime.

"Let the buyer beware" is the caveat of real estate deals, and lets most sellers off the hook in representing their properties' values. And the freedom to sell properties at any price regardless of bank appraisal values is the other bottom line in the real estate business.

So lying about the whole building's sell rate is part of the game of valuing any particular units to buyers.

Letting the kids off isn't reason enough to mistrust Cy Vance. He just knows real estate.

I prefer to think he didn't issue subpoenas as a cautionary measure, not second guessing any judge's interpretation of a stay's scope.

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