05 Nov 19
No1maruder and SH76 - As you folks know, Donald Trump has been fighting desperately to keep his tax returns from becoming public. As you also know a federal appeals court ruled Monday that President Donald Trump's tax returns must be turned over to Manhattan District Attorney Cyrus Vance, who had subpoenaed the documents from Trump's accounting firm as part of an investigation into the pre-election payoffs to two women who alleged affairs with Trump. Trump's team is appealing this decision to the Supreme Court.
1. What will happen if the Supreme Court either rules against Trump, or simply refuses to hear the case; and Trump still refuses to turn over those tax returns? 2. What is the timeline before this is resolved one way or the other?
https://www.nbcnews.com/politics/donald-trump/trump-loses-appeal-new-york-tax-case-must-hand-over-n1076061
05 Nov 19
@shavixmir saidshavixmir - I think it will be a great deal more serious than that.
Oh, oh... let me guess:
1. Contempt of court; surely?
2. Surely a court can’t wait on the higher court’s decision. Surely the higher court judges if a lower court has acted appropriately. And so it can over-turn decisions, but can’t block the regular time-line?
05 Nov 19
@mchill saidI haven't followed this issue, a good one, but let's say I am not a trial guy. Anyway, it seems he should turn them over if the authority AND THE NATURE OF THE CASE allows for or dictates it. IF it is the Shifty Schiff fishing for his inquisition, it is my opinion that Schiff cannot get them. If it is another authority that finds the tax returns totally germane to a case, how can he avoid handing them over? Surely civil procedure is clear about that?
shavixmir - I think it will be a great deal more serious than that.
He has to hand it over if SCOTUS says so, or it is contempt indeed. If they refuse the case, I cant say how far the lower court can go to storm his CPA to retrieve the returns. As to a timeline, I hope you dont suggest that things be timed based upon his political office as president,,,,that, the findings in his returns are 'applied' to affect his presidency. In my opiniion, he is not handing them over as President, but as a taxpayer/citizen, and it should be treated solely as just that. My 2 cents.
@averagejoe1 said- but let's say I am not a trial guy.
I haven't followed this issue, a good one, but let's say I am not a trial guy. Anyway, it seems he should turn them over if the authority AND THE NATURE OF THE CASE allows for or dictates it. IF it is the Shifty Schiff fishing for his inquisition, it is my opinion that Schiff cannot get them. If it is another authority that finds the tax returns totally germane to a ca ...[text shortened]... as President, but as a taxpayer/citizen, and it should be treated solely as just that. My 2 cents.
That's obvious. I was asking the folks here with law degrees about a legal issue, and you don't qualify.
06 Nov 19
@shavixmir saidWhere are them lawyers?
So?
Am I right?
Where are the lawyers?
Well, that’s a bloody sentence I never repeat at work...
@mchill saidNo1maruder is not a lawyer, he just pretends to be one. Don't believe his bluffing.
No1maruder and SH76 - As you folks know, Donald Trump has been fighting desperately to keep his tax returns from becoming public. As you also know a federal appeals court ruled Monday that President Donald Trump's tax returns must be turned over to Manhattan District Attorney Cyrus Vance, who had subpoenaed the documents from Trump's accounting firm as part of an investigation ...[text shortened]... //www.nbcnews.com/politics/donald-trump/trump-loses-appeal-new-york-tax-case-must-hand-over-n1076061
Trump should have made his taxes public after he said he would. If he wants a second term he will have to release them. It is that simple.
@mchill said1. If the Supreme Court either rules against Trump, or simply refuses to hear the case, what Trump wants to do is moot; the case involves a subpoena to his accounting firm Mazars. It is unlikely in the extreme that they would disobey the subpoena IF all appeals are exhausted and the courts have ruled it valid.
No1maruder and SH76 - As you folks know, Donald Trump has been fighting desperately to keep his tax returns from becoming public. As you also know a federal appeals court ruled Monday that President Donald Trump's tax returns must be turned over to Manhattan District Attorney Cyrus Vance, who had subpoenaed the documents from Trump's accounting firm as part of an investigation ...[text shortened]... //www.nbcnews.com/politics/donald-trump/trump-loses-appeal-new-york-tax-case-must-hand-over-n1076061
2. Trump's lawyers made an agreement with the Manhattan DA seek a writ of certiorari to the SCOTUS within ten days of the ruling in the case (https://www.forbes.com/sites/rachelsandler/2019/10/21/the-supreme-court-could-get-involved-in-trump-tax-return-case/#136dbe8d4490). It would be expected that the judges on the court would calendar the case at an early weekly conference and come to a rather quick decision on whether to take the case, probably before the end of the year. If four Justices agree to take it, they'd have to schedule oral arguments for the next term and a final decision would come almost certainly in June.
@sh76 saidHow would "executive privilege" apply to the time period prior to Trump's inauguration? The DA is seeking 8 years of Trump's tax returns. https://www.nytimes.com/2019/09/16/nyregion/trump-tax-returns-cy-vance.html
@mchill
I agree with everything no1 said.
Vance only agreed to forebear enforcement of the subpoena until the SCOTUS either denies cert or issues an opinion. https://www.politico.com/f/?id=0000016d-efa6-db3d-a96f-efa7493f0000
I strongly suspect he would move to enforce immediately after denial of cert.
EDIT: OK, I see you edited.
06 Nov 19
2 edits
@no1marauder saidMy edit was because I originally said that he could possibly make a collateral attack by filing a lawsuit for an injunction. Then I went back and realized that this decision WAS based on a collateral attack by filing a lawsuit for an injunction. So, any such action would be barred by res judicata.
How would "executive privilege" apply to the time period prior to Trump's inauguration? The DA is seeking 8 years of Trump's tax returns. https://www.nytimes.com/2019/09/16/nyregion/trump-tax-returns-cy-vance.html
Vance only agreed to forebear enforcement of the subpoena until the SCOTUS either denies cert or issues an opinion. https://www.politico.com/f/?id=0000016d-e ...[text shortened]... ly suspect he would move to enforce immediately after denial of cert.
EDIT: OK, I see you edited.