, 9 tweets, 4 min read
This is huge. Federal judge dismisses Trump’s effort to keep Manhattan DA from getting his taxes. Trump can appeal. The issue will be whether he has to comply during the appeal. nytimes.com/2019/10/07/nyr…
That didn't take long. Trump's lawyers have filed an emergency appeal.
Trump's lawyers argued he is immune from indictment & investigation, apparently in both fed'l & state court while POTUS. Some smart lawyer for @HouseJudiciary's will undoubtedly bend this back on the WH as it tries to fight off Congressional subpoenas.
@HouseJudiciary The opinion is long but an important read. I would snip the best parts for you, but as you can see from the introduction, the whole thing is mandatory reading. fm.cnbc.com/applications/c…
@HouseJudiciary Final note for now, Bill Barr's Justice Department, through the SDNY, has moved to intervene in this matter citing the importance of the constitutional arguments at stake. One hopes we won't have to watch SDNY side with the garbage the President's lawyers have put forth here.
A note to try & make this confusing situation clearer: the DA issued a subpoena to Trump’s tax preparer. Trump went to fed’l court to stop it. The court told him no. That decision is on appeal. The DA can move on his subpoena-Trump will try to stop him while the case is on appeal
If you who want to geek out on the law, the issue is a doctrine called Younger Abstention, that lays out circumstances where a fed'l judge should decline to interfere in state court proceedings. Here, the judge is letting Manhattan DA move forward with subpoena & investigation.
And, the 2nd Circuit Court of Appeals (fed'l) has just stayed any more activity by the DA while the fed'l appeal is pending. I don't read anything into this, it's pretty standard.
You can see 2nd Circuit briefing schedules for both "regular" appeals and expedited ones in their rules. ca2.uscourts.gov/clerk/case_fil…
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