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Link to 2nd Circuit opinion against Trump in the NY State Grand Jury Case. timinhonolulu.com/2019/11/04/lin…
The court rejected the Younger abstention part of the district court decision and relied solely on the fact that Trump is not immune as follows:
" Because we conclude that the President is unlikely to succeed on the merits of his immunity claim, we agree with the district court that he is not entitled to injunctive relief."
And issues a narrow holding:
. . .we conclude only that presidential immunity does not bar the enforcement of a state grand jury subpoena directing a third party to produce non‐privileged material, even when the subject matter under investigation pertains to the President . . .
The President appropriately does not argue that we owe any deference to the OLC memoranda, for “[t]he federal Judiciary does not . . . owe deference to the Executive Branch’s interpretation of the Constitution.”
The 2nd Circuit issued the judgment on appeal.
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