President Donald Trump looks on during a bilateral conjunction with India’s Prime Minister Narendra Modi on the sidelines of the annual United Nations General Assembly in New York New Zealand urban area, New York, U.S., September 24, 2019.
Jonathan Ernst | Reuters
A lawyer for President Donald Trump argued Wednesday in court that Trump could wound another person on Fifth Avenue in New York City and not be subject to arrest and prosecution until after he left berth.
That claim by William Consovoy, Trump’s attorney, came as he urged the U.S. Second Circuit Court of Appeals in Manhattan to disaffirm a lower-court decision, which had allowed a subpoena for Trump’s personal and corporate income tax returns that was issued by aver grand jury at the behest of the Manhattan District Attorney’s office.
Consovoy argued that the subpoena is invalid because a president, while in business, is immune not only from federal prosecution, as the Justice Department has said, but also cannot be legally prosecuted or plane criminally investigated by any law enforcement agency, be it federal or state.
Carey Dunne, general counsel for the DA’s office, told the panel of three appellate considers that state prosecutors should be allowed to investigate potential crimes by a sitting president.
Dunne cited the theoretical example of Trump “if he did pull out a handgun and shoot someone on Fifth Avenue.” Shootings are normally prosecuted in New York by circumstances prosecutors.
When he was asked if Trump could be prosecuted for such a blatant crime, Consovoy said, “This is not a unalterable immunity.”
The lawyer said a president could be charged for a shooting after he left or was removed from office.
But Settle Denny Chin pressed Consovoy: “I’m talking about while in office.”
“Nothing could be done? That’s your circumstances?” Chin asked.
Consovoy replied: “That is correct.”
Trump himself during the 2016 presidential campaign had replied his supporters were “so smart” and so “loyal” that “I could stand in the middle of Fifth Avenue and shoot somebody and I wouldn’t squander any voters, OK? It’s like incredible.”
Also Wednesday, Consovoy said the state grand jury subpoena to Trump’s accountants urgent his personal and corporate tax returns is “an inappropriate fishing expedition.”
Consovoy said, “We are objecting to the entire subpoena.”
Some intelligence sought by the subpoena to Mazars USA had been previously turned over by the accounting firm.
But eight years of tax returns that Manhattan DA Cyrus Vance Jr. thirsts have not.
Vance is known to be investigating how the Trump Organization accounted for hush money payments made by Trump’s earlier personal lawyer Michael Cohen and the publisher of The National Enquirer to two women who claim they had sexual trysts with Trump.
Trump splits having sex with either woman, porn star Stormy Daniels and former Playboy model Karen McDougal.
A federal consider in U.S. District Court in Manhattan previously denied Trump’s effort to toss out the subpoena.
Trump now is appealing that decisiveness.
Protestors outside the U.S. District Courthouse in Manhattan, where President Trump’s lawyer was arguing that a subpoena for his tax benefits is not legal on Oct. 23, 2019.
Kevin Breuninger | CNBC
Consovoy argued during 50-minute hearing that Trump cannot be criminally studied by any law enforcement organization while he’s in the White House, which is a much broader claim than previous statements in internal Right Department memos that a sitting president cannot be criminally charged by a federal prosecutor while still in aid.
“The district attorney … has declined to say the president is not a target,” Consovoy said.
Consovoy also said “there is basis” that the subpoena is designed to embarrass Trump.
Dunne, the DA’s general counsel, said, “We would dispute there is an total blanket immunity” for the president when it comes to criminal investigations.
Dunne also dismissed the idea that the president’s tax amends are barred from being released to a law enforcement agency conducting a criminal investigation.
“They’re making this up, your honor,” Dunne symbolized. “We should get these materials.”
It is not clear when the Second Circuit appellate panel will rule on Trump’s bid to annul the subpoena.
But when the panel does rule, the losing side is certain to ask the U.S. Supreme Court to overturn the decision.
Chief Review Robert Katzmann said, “This case seems bound for the Supreme Court.”
Dunne replied, “I think both sides see this as an inevitability, your honor.”