The Second Circuit will hear oral arguments this morning on President Trump's bid to stay Manhattan U.S. Attorney Cyrus Vance's subpoenas.
The court already rejected an administrative stay.
Background and live-tweets ahead, @CourthouseNews courthousenews.com/judge-green-li…
The court already rejected an administrative stay.
Background and live-tweets ahead, @CourthouseNews courthousenews.com/judge-green-li…
Proceedings are about to begin.
Chief Judge Katzmann convenes today's hearing, starting with Trump v. Vance.
Listen here. ww2.ca2.uscourts.gov/court.html
Chief Judge Katzmann convenes today's hearing, starting with Trump v. Vance.
Listen here. ww2.ca2.uscourts.gov/court.html
Here's the panel: Walker, Katzmann, and Lohier.
William Consovoy is up first, calling the Manhattan DA's subpoenas a "fishing expedition."
"Will the president be given an opportunity to appeal that ruling" before the subpoenas are executed, Consovoy asks.
William Consovoy is up first, calling the Manhattan DA's subpoenas a "fishing expedition."
"Will the president be given an opportunity to appeal that ruling" before the subpoenas are executed, Consovoy asks.
Judge Walker asks whether a denial of the stay would effectively moot an appeal.
Mostly, though Trump could seek the relief of forcing Vance to return what he obtains, Consovoy says.
But if the subpoena is executed, Consovoy says: "The status quo can never be restored."
Mostly, though Trump could seek the relief of forcing Vance to return what he obtains, Consovoy says.
But if the subpoena is executed, Consovoy says: "The status quo can never be restored."
Judge Katzmann: "Could you say some more about why from your perspective an injunction isn't the appropriate relief here and not a stay pending appeal?"
He notes that there is no injunction in place and the only hurdle between Vance executing his subpoena is his own forbearance.
He notes that there is no injunction in place and the only hurdle between Vance executing his subpoena is his own forbearance.
Katzmann notes that disclosure of grand jury material is a felony under New York law.
"If the court were to deny your request, would there be some way to fashion a remedy to [prevent disclosure] pending appeal," he asks.
"If the court were to deny your request, would there be some way to fashion a remedy to [prevent disclosure] pending appeal," he asks.
Consovoy says that it's impossible to "unring that bell" once it's in the prosecutors' hands.
"I'm not suggesting at all that anyone would violate grand jury secrecy, not in the slightest," he says, adding there may be exceptions and third-party requests for what Vance obtains.
"I'm not suggesting at all that anyone would violate grand jury secrecy, not in the slightest," he says, adding there may be exceptions and third-party requests for what Vance obtains.
Judge Lohier notes that the ordinary procedure is to file a motion to quash.
If Trump prevailed, Lohier said, prosecutors could be "mired" in civil litigation.
Consovoy counters: "I don't think that this is the ordinary situation."
If Trump prevailed, Lohier said, prosecutors could be "mired" in civil litigation.
Consovoy counters: "I don't think that this is the ordinary situation."
Carey Dunne is up for Vance's office.
He says there could not have been a "more meticulous review" of Trump's claims than Judge Marrero's ruling dismissing them.
courthousenews.com/judge-green-li…
He says there could not have been a "more meticulous review" of Trump's claims than Judge Marrero's ruling dismissing them.
courthousenews.com/judge-green-li…
Dunne attacks the premise of Trump's challenge, the notion that Vance's probe is limited to Michael Cohen's hush money scandal.
"No facts in the complaint support that inference," Dunne says, declining to articulate the scope of the probe out of grand jury secrecy.
"No facts in the complaint support that inference," Dunne says, declining to articulate the scope of the probe out of grand jury secrecy.
Judge Walker asks how Trump can measure "overbreadth" of an investigation if he does not know what the scope of the grand jury probe. He asks him to answer beyond "platitudes" of grand jury secrecy.
Dunne responds that grand jury secrecy is more than a platitude.
Dunne responds that grand jury secrecy is more than a platitude.
Judge Katzmann asks Dunne about an expedited appellate schedule if Vance's office loses:
"We have been extremely concerned about expedition at every turn," Dunne says, adding later: "We would be even happier with a shorter schedule, to be honest."
"We have been extremely concerned about expedition at every turn," Dunne says, adding later: "We would be even happier with a shorter schedule, to be honest."
Judge Katzmann promises a ruling by the end of the day.
Hearing adjourned.
Hearing adjourned.
Story ahead @CourthouseNews when the ruling drops.
