Trump Shrug

Manhattan District Attorney Cyrus Vance, a Democrat, subpoenaed President Trump’s long-time accounting firm asking they turn over the President’s personal and corporation tax returns and other records from 2011 to 2018. The President then sued to block the subpoena. Enter, Federal Judge Victor Marrero, who ruled on Monday that eight years of Trump’s tax returns must be given to Manhattan prosecutors.

Then, the President’s team went to the 2nd Circuit Court of Appeals, which stepped in with a temporary injunction to hold the transfer until a panel of judges could review the ruling.

When President Trump sued Vance to block his subpoena, he claimed he was immune to criminal investigations while in the White House. He also claimed that the US Constitution requires Vance to wait.

The Constitution, however, does not specify whether a seated president can be prosecuted and the Supreme Court has never decided the matter. Federal prosecutors can not prosecute sitting presidents because of an internal Justice Department policy – there is no Constitutional prohibition and there is no law on the subject. 

However, no such policy exists for state prosecutors like Mr. Vance because the US Justice Department does not control state courts. That’s the crux of the decision the 2nd Court will make.