TORTS TODAY - course materials
& news for Torts, Business Torts, Product Liability, and Remedies students of George Conk at Fordham Law School
gconk@law.fordham.edu
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Monday, November 4, 2019
Trump taxes - NY subpoena upheld by Second Circuit Court of Appeals
Major ruling today from the United States Court of Appeals for the Second Circuit in Trump v. Vance holding that federal courts did not have to abstain from considering @realDonaldTrump's challenge to Manhattan DA Vance's subpoena for Trump's pre-Presidential financial records . Three judge panel, in an opinion written by Chief Judge Robert Katzmann, holds that the President is not likely to succeed on the merits of his claim of "temporary immunity" from state criminal investigation so long as he is President:
The President has not persuasively explained why, if
executive privilege did not preclude enforcement of the subpoena issued in
Nixon, the Mazars subpoena must be enjoined despite seeking no privileged
information and bearing no relation to the President’s performance of his
official functions. The Nixon Court explained that even the President’s weighty
interest in candid and confidential conversations with his advisers could not
justify a blanket privilege that would “cut deeply into the guarantee of due
process of law and gravely impair the basic function of the courts.”
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