Thread by @TimInHonolulu

1. Deutsche Bank and Capital One refuse to tell a court whether they have Trump’s tax returns post-gazette.com/business/pitts… via @PittsburghPG

@PittsburghPG 2. The plot thickens:
ORDER, dated 08/26/2019, Superseding all previous instructions from the Clerk of the Court, it is hereby ORDERED that the Defendants–Appellees Deutsche Bank AG and Capital One Financial Corporation each inform the Court by letter,

3. filed by 4 p.m. Tuesday, August 27, 2019, whether it has in its possession any tax returns of any of the individuals or entities named or referred to (directly or indirectly) in paragraph 1 of the subpoenas the bank has received from the Intervenor Committees., by JON, PWH,]

4. DAL, FILED.[2640786] [19-1540] [Entered: 08/26/2019 12:41 PM

5. Here is the order. This is not the kind of thing you want to get on Monday with 24 hours to respond.

6. Conceding I'm not a bank regulatory attorney, I looked at the statue DB's attorney cited to 2nd Cir panel and I'd start packing up my office if I were those two attorneys. As I read it, the statute simply requires financial institutions give you an annual privacy notice.

7. So if they gave Trump the privacy notice then reaal issue is whether they gave them the Bank Secrecy Act subpoena heads up. They were in court so I'm guessing they did.

Here's my analysis:
Statute the DB attorney cited was Gramm-Leach-Bliley Act codified in Title 15 USC.

8. Section 501 of the Act is codified at 15 USC 6801 simply says keep the bank customer information private. law.cornell.edu/uscode/text/15….

Then Section 502 of the Act codified at 15 USC 6802 addresses disclosures of personal information. That section provides:

9. "(a) Notice requirements
Except as otherwise provided in this subchapter, a financial institution may not, directly or through any affiliate, disclose to a nonaffiliated third party any nonpublic personal information, unless such financial institution provides or

10. has provided to the consumer a notice that complies with section 6803 of this title." law.cornell.edu/uscode/text/15…

And the 15 USC 6803 notice is the annual privacy policy notice that everybody gets from their bank.
See: law.cornell.edu/uscode/text/15…

11. My understanding is that the notice of a non-grand jury subpoena is sent by the bank to the customer immediately after receipt of the subpoena unless it is a law enforcement request that also asks that it be kept from the customer. That request is good for 90 days and can be

12. renewed, as I understand, as long as the secrecy is needed.

The attorney who made most of the representations on behalf of @DeutscheBankAG was Rafael Prober. He claims to have held one the titles my late brother held at DOJ. He's with Akins Gump. akingump.com/en/lawyers-adv…

13. Prober looks like he has a white collar crime practice and is not a bank regulatory attorney. The other attorney was James Murphy for Capital One and I have not been able to find his firm affiliation. I'm sure they are having fun contemplating how to keep their jobs or

14. anger Vladimir Putin. I'd stay away from open windows it I were those two attorneys. 😎