, 6 tweets, 2 min read Read on Twitter
1/ The SDNY has filed a statement of interest in the Trump v. Vance (no kin, Manhattan DA Vance) case. Trump filed this case in federal court after Vance sought his taxes using a grand jury subpoena. He's asked for a temporary restraining order. ecf.nysd.uscourts.gov/doc1/127125546…
2/ The US Atty cites statutory authority to “to attend to the
interests of the US in [any] suit pending in a court of the US.” That's interesting, because this is a case Trump filed to keep Manhattan DA from getting his taxes; to keep the grand jury from investigating him.
3/The Southern District says it may want to assert "that Article II, the Supremacy Clause, and the structure of the Constitution
preclude subjecting a sitting President to state criminal process, including grand jury
subpoenas directed at the President or his agents."
4/ I can't recall, as a US Atty, trying to block a fellow prosecutor in my state from proceeding with a grand jury investigation. Yes, DOJ policy is that DOJ can't indict a sitting POTUS. This week DOJ is willing to argue he can't even be investigated. And now, that they...
5/ believe the Constitution prohibits a state prosecutor from investigating or indicting a sitting president. If SDNY intervenes, it will be to insure Trump remains above the law & his taxes can't be reviewed like those of any other citizen under investigation.
6/ Because this is confusing, Here's the cliff notes: Trump filed a law suit using his own lawyers to keep Manhattan DA from getting his taxes for use in a criminal investigation. Now DOJ/SDNY says it's thinking about intervening in the case to argue in Trump's favor.
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