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Trump Ordered to Turn Over 8 Years of Tax Returns to the Manhattan D.A. – The New York Times, The New York Times

Trump Ordered to Turn Over 8 Years of Tax Returns to the Manhattan D.A. – The New York Times, The New York Times


New York|Trump Taxes: President Ordered to Turn Over Returns to Manhattan DA

A judge rejected the president’s argument that he was immune from criminal investigations.

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CreditCreditTJ Kirkpatrick for The New York Times

William K. RashbaumBenjamin Weiser

A federal judge on Monday rejected a bold argument from President Trump that sitting presidents are immune from criminal investigations, a ruling that allowed the Manhattan district attorney’s office to move forward with a subpoena seeking eight years of the president’s personal and corporate tax returns.

Lawyers for Mr. Trump quickly told the court they would appeal the ruling from Judge Victor Marrero of Manhattan federal court. An appeal is likely to mean further delays.

In a 75 – page ruling, Judge Marrero called the president’s argument “repugnant to the nation’s governmental structure and constitutional values.” Presidents, their families and businesses are not above the law, the judge wrote.

           

      
    75 pages, 1. 98 MB   

The judge’s decision came a little more than a month afterthe Manhattan district attorney subpoenaed Trump’s accounting firm, Mazars USA, for his personal and corporate returns dating to 2011. The demand touched off a legal showdown that raised new constitutional questions and drew in the Justice Department, which supported the president’s request to delay enforcement of the subpoena.

Mr. Trump’s lawyers have called the investigation by Mr. Vance, a Democrat, politically motivated. Mr. Vance has accused the president and his team of trying to run out the clock on the investigation.

Last week, lawyers withMr. Trump’s Justice Department jumped into the fray,asking the judge to temporarily block the subpoena while the court takes time to consider the “significant constitutional issues” in the case. )

The Justice Department, led by Attorney General William P. Barr, did not say whether it agreed with Mr. Trump’s position that presidents cannot be investigated. But, citing the constitutional questions, the department said it wanted to provide its views.

The Constitution does not explicitly saywhether presidents can be charged with a crime while in office, and the Supreme Court has not answered the question.

Federal prosecutors are barred from charging a sitting president with a crime because the Justice Department has decided that presidents have temporary immunity while they are in office.

But in the past, that position has not precluded investigating a president. Presidents, including Mr. Trump, have been subjects of federal criminal investigations while in office. Local prosecutors, such as Mr. Vance, are also not bound by the Justice Department’s position.

As part of a temporary deal reached last month, Mr. Vance’s office agreed not to enforce the subpoena until two days after Judge Marrero issued a ruling, which would give Mr. Trump a chance to appeal if he lost. But that agreement was to expire at 1 p.m. on Monday.

The president and his lawyers have fought vigorously to shield his tax returns, which Mr. Trump said during the 2016 campaign that he would make public but has since refused to disclose.

Mr. Trump’s lawyers have sued to block attempts by congressional Democrats and New York lawmakers to gain access to his tax returns and financial records. They also successfullychallenged a Californialaw requiring presidential primary candidates to release their tax returns.

Vance ultimately prevails in obtaining the president’s tax returns, they would not automatically become public. They would be protected by rules governing the secrecy of grand jury investigations unless the documents became evidence in a criminal case.

William K. Rashbaum is a senior writer on the Metro desk, where he covers political and municipal corruption, courts, terrorism and broader law enforcement topics. He was a part of the team awarded the 2009 Pulitzer Prize for breaking news.@WRashbaumFacebook

Benjamin Weiser is a reporter covering the Manhattan federal courts. He has long covered criminal justice, both as a beat and investigative reporter. Before joining The Times in 1997, he worked at The Washington Post.@BenWeiserNYT

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