Trump Tax Return Ruling Could Open a Door to Indictment

[Laura PourMeADrink]

https://finance.yahoo.com/news/trump-tax-return-ruling-could-180002869.html

Bloomberg Opinion) -- A federal district judge in New York has held that the Manhattan district attorney ttorney may subpoena Donald Trump’s tax records as part of a criminal investigation.

Apart from the obvious political implications, there’s something constitutionally significant about the decision by Judge Victor Marrero, a Bill Clinton appointee. The judge took the opportunity to attack two memos written by the Department of Justice, both of which maintain that a sitting president cannot be criminally prosecuted. These memos form the basis for the department’s current policy of not indicting a sitting president in federal court.

Yet the judge left no doubt that he considered the memos’ conclusions “not warranted” — and that in his view, a president can be criminally investigated and perhaps even prosecuted while in office.

This is the first time a federal court has ever seriously raised the possibility that a sitting president could be criminally prosecuted. Although the judge’s decision will certainly be reconsidered on appeal by the U.S. Court of Appeals for the Second Circuit — and very possibly by the Supreme Court — it needs and deserves serious attention on its own terms.
More at link

[SWBTATTReg]

1. This particular judge from what I read is questioning the concept of not being able to indict a ...

sitting president, calling it (the rule / concept / practice of not criminally charging a president) basically ridiculous (in my words) and I agree w/ him. Probably a lot of other people do too. Otherwise, you get exactly the behavior and attitude of what we in rump today. Totally deliberately ignoring the concept of lawful behavior openly. Ignoring (and telling others) to ignore lawful summons to proceedings, requests for paperwork on particular topics of oversight, etc.

I am amazed that anyone could ever find that the president / executive branch could be immune to prosecution just because they are president. BS. Absolutely BS and if they are, then we need to immediately change or get rid of the concept of 'president' in this country...and replace it with something else.

Only f**king rump would abuse this whole concept. What a jerk and total a&&hole. He could have been a decent president but he obviously had something else in mind. E.g., rip off the taxpayers massively.

[lagomorph777]

8. Of course any Federal Officer can be indicted; the Constitution says so explicitly.

Yes, the Constitution Allows Indictment of the President (by Laurence Tribe)
https://www.lawfareblog.com/yes-constitution-allows-indictment-president

...All that Article I, Section 3 adds with respect to an official who has been removed through impeachment and conviction is that such an official cannot invoke the Senate conviction as a bar to subsequent criminal prosecution. That such an official “shall nevertheless be liable” to the criminal process says only that he shall “remain” liable to that process—just as he would have been prior to removal. In other words, the impeachment process doesn’t serve as a crime-laundering device...

For reference, from Article 1 Section 3:

Judgment in Cases of Impeachment shall not extend further than to removal from Office, and disqualification to hold and enjoy any Office of honor, Trust or Profit under the United States: but the Party convicted shall nevertheless be liable and subject to Indictment, Trial, Judgment and Punishment, according to Law.

[Fritz Walter]

10. Cantaloupe Caligula is twisting the concept of Sovereign Immunity

I'm no lawyer, but I know lots of lawyer jokes.

As I understand it, it's a legal doctrine which says that the government cannot commit a legal wrong and is immune from civil suit or criminal prosecution. He and his lawyers are twisting that doctrine to apply to him personally and anybody appointed by him. Unless, of course, that person is a whistle blower,...

The only possibility I can think of is that he thinks he's the pope, which would bestow papal infallibility upon his fat ass.

[iluvtennis]

12. well said. nt

[Ligyron]

14. Precisely.

Plus, that's why they make Vice Presidents and there's a line of successions.

[aggiesal]

15. And get rid of Executive Orders !!!

I know it's in the Constitution, but it takes all power out of the Legislature,
when a dumb $hit peeResident can abuse and just write an executive order
to override these laws, then we spend taxpayer dollars defending the law
in court and suing the president over making the order.

[FakeNoose]

2. Why is a federal judge ruling on a NYS matter?

When any state takes action it should be reviewed by that state's judiciary, am I right?

[beachbumbob]

3. I was curious for same reason. State taxes are state matters, not federal so obvious we don;t know

all the particulars

[2naSalit]

4. I think it's federal, therefore...

District Court in Manhattan is a Federal district Court. There are two lawsuits i pursuit of his taxes, this would be the federal suit.

[Laura PourMeADrink]

16. Didn't trump attys try to combine and failed

[2naSalit]

17. Could be...

So much has come to pass! I have been helping my friend on his farm all summer, a welcome respite from goring on the news,a s I do in times like these. And I check in with my counselor regularly. My head is spinning quite often of late.

I can't be certain that actually happened though.

[Moosepoop]

7. Trump sued the Manhattan D.A. in federal court

From the link in the OP:

https://finance.yahoo.com/news/trump-tax-return-ruling-could-180002869.html

In a sense, Trump’s lawyers opened the door for the judge to make his attack on the Justice Department memos. After the Manhattan district attorney’s office issued the subpoena as part of the state criminal investigation triggered by Michael Cohen’s revelations, Trump sued the district attorney in federal court. The theory of his suit was that a sitting president must be treated as immune from all criminal investigation of any kind.

Trump's lawsuit against the Manhattan D.A. is the case at hand.

[ancianita]

5. That point alone was the high point of my day.

[Odoreida]

6. Dream on. As Trump said during the campaign ...

... the fix is in.

[The Liberal Lion]

9. It's a ludicrous assertion that a president can not be indicted

a president is neither a sovereign nor a ruler, a president is a citizen administrator whose master are the people and the rule of law. Case closed.

[maxsolomon]

11. they don't care if they lose

they bought time. they're still buying time running up the ladder to the SCOTUS.

"Death needs time for what it kills to grow in." -WS Burroughs

[Pepsidog]

13. An indictment would be better than the Eagles winning the Super Bowl again.