TRUMP’S APPEAL REJECTED BY U.S. SUPREME COURT

BY- TANISHA SHARMA

INTRODUCTION

A federal Appeal Court of U.S. on Monday,  without exception, rejected President Donald Trump’s effort to block NEW YORK GRAND JURY subpoenas for his tax records, mounting up a possible Supreme Court moment of truth.

  • The federal court in Washington, D.C., upheld a subpoena for US President Donald Trump’s financial catalog from the democrat controlled House Committee surveillance and reform.
  • The split ruling rejected Trump’s proposal to block the committee from acquiring eight years’ worth of his record from the adjudging firm Mazars USA.
  • Furthermore, Trump is fighting a subpoena for his personal and corporate Income Tax returns,  which Manhattan District Attorney Cyrus Vance Jr. for probe of hush money payments paid to the courtesans.

President Trump’s tax returns can be commended to State criminal investigators, a federal appellate court ruled on Monday.

READ ALSO : US HOUSE ‘S RESOLUTION BLOCKING TRUMP ’S PLAN OF SALE

CURRENT ISSUE (Trump’s Appeal U.S. Court)

In a matter of days, President Trump’s Appeal will be asking the Supreme Court of U.S.to rule on his striking claim that he is absolutely unsusceptible from criminal investigation while he remains in his office. If the Court agrees to hear the case, it’s judgment is likely to induce a crucial statement on the limits of presidential power. It might also test the independence of the Court itself. Mr. Trump has been the subject of various controversies and numerous investigations since he took his office, including a 22-month investigation by Robert S. Mueller, the special counsel appointed to look into his campaign ties to Russia.  But the recent case, concerning an investigation by Manhattan prosecutors to two women who claimed to have an affair with Mr. Trump, will be the SC’s first chance to consider the president’s arguments that aloof of the judicial system. The case comprises a subpoena to Mr. Trump’s accounting firm, Mazars USA, from the office of the Manhattan district attorney. The court rejects Mr. Trump’s plea to block the subpoena and hence the ruling was held as narrow and modest, hacking closely to the circumstances before it. Mr. Trump has struggled hard to safeguard his tax returns from scrutiny for reasons that have been the subject for hypothesizing. In an annotation to Monday’s decision, Chief Judge Robert A. Katzmann, writing for a congruent three-judge panel of the US Court of Appeals for the second circuit, observed that Mr. Trump’s break with his predecessor’s practice was of great importance.

The three-judge panel for the Second Circuit Court of Appeals said “presidential immunity does not bar a state grand jury from issuing a subpoena in aid of its investigation of potential crimes committed by persons within its jurisdiction, even if that investigation may in some way implicate the president.” The court also noted that the only question before them was whether a state may legally demand production by a third party of the President’s personal financial records for the use in grand jury investigation while Trump is in office. The ruling held that any presidential immunity from state criminal process does not even bar the enforcement of the subpoena.

Mr. Trump’s attorney Jay Sekulow said in a statement that the bone of contention raised in this case goes to the heart of the Republic and Constitutional issues are significant. The district attorney’s office acknowledged not to enforce the subpoena until the Supreme Court repudiated the hearing of the case or reaches a decision, whichever comes first. Trump’s tax returns will not be released publicly under the jury secrecy rules. The rulings also affirmed the decision of United States district judge Victor Marrero who rejected Trump’s claim that any occupant of the White House enjoys “absolute immunity from any kind of criminal proceedings.”  Marrero in a 75-page opinion said that such a position might constitute an overreach of executive power. The judge described Trump’s assertion of immunity as “repugnant to the nation’s governmental structure and constitutional values.”

CONVICTION OF EXTRA JUDICIAL CONFESSION: SC

CONCLUSION ( Trump’s Appeal U.S. Court)

Internal Justice Department legal opinions claim sitting presidents cannot be charged by the federal prosecutors, but such guidelines do not apply to Vance, an elected New York prosecutor who deals with the State laws. The both sides have agreed to a speedy schedule, the first one that will allow the Supreme Court to announce next month that whether it will be hearing the case and provide its judgment by June itself, the second one that it will deny he review, leaving in place the appeals court ruling and effectually require Mr. Trump’s accountants to turn over his tax returns

READ ALSO : US CONGRESS PASSES CAMBODIA DEMOCRACY BILL