Victor Marrero, a Senior federal judge, in New York's Southern District has dismissed Donald Trump's effort to block the tax return subpoena issued by Manhattan District attorney Cyrus Vance, Jr.
In Trump v. Vance and Mazars Judge Marrero relied on well established principles of comity and deference that direct trial level judges to decline refuse to interfere in good faith state law prosecutions. Relying on Middlesex Ethics Committee v. Garden State Bar Association 457 U.S. 423 (1982) the judge applied well worn considerations to deny Trump's motion to dismiss:
( 1) whether there is a pending state proceeding
( 2 ) that implicates an important state interest, and
( 3 ) the state proceeding affords the federal plaintiff an adequate opportunity for judicial review of his or her federal constitutional claims.
These factors all favor deference, as the state of New York has a deeply rooted interest in being able to enforce its tax laws, and the Supreme Court, New York County is certainly a forum that affords an "adequate opportunity" to raise constitutional claims. Marrero went on to point out that the 1982 opinion of the Department of Justice Office of Legal Counsel that a President my not be indicted does not bind the New York Court. Nor is it of sufficient weight to compel intervention in a state criminal investigation.
Trump appealed, the Second Circuit granted an administrative stay to preserve the status quo, the U.S. Department of Justice intervened as amicus, and the court set an expedited schedule to resolve the issues - which are purely matters of law requiring no factual investigation.
MOTION ORDER, granting motion to expedite, consideration for stay pending appeal and the merits of the appeal. Appellant's brief is due on 10/11/2019 at 5:00pm. The United States Department of Justice's amicus brief in support of Appellant is due at the same time. Appellees' briefs are due on 10/15/2019 at 5:00pm. Appellant's reply brief isdue on 10/17/2019 at 5:00pm. Argument will be scheduled as early as the week of 10/21/2019. The temporary administrative stay remains in effect until argument is completed, by RJL, FILED.[2675026] [19-3204]
Federal District Court Dismisses Trump Lawsuit Over Tax Returns, Trump Appeals - Lawfare
by Mikhalla Fogel
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