Monday, August 24, 2020

Now, Cy Vance Will Actually "Save Time"... By Allowing Second Circuit To Rule...


. . .Otherwise, we may be certain -- given Team Trump's proclivity for filing nonsense so-called "emergency" motions in front of the Supremes -- Mr. Vance's office would need to wait for that "shadow docket" proceeding to run its course (as we suggested on last Friday night), before it would likely get the Trump financials.

So, instead -- in what was likely an agreement, here -- Cy will be able to depose Eric Trump, in his role at the Trump Organization -- while the Second Circuit reads, and then likely denies the stay/appeal now slated for argument on September 1, 2020. Of course, Trump may still appeal a loss there to the Supremes. . . but a denial at the highest court would likely come on swift wings, since Trump's been up there once before and lost, badly (7-2) -- on almost all the same facts. Here is the three pager, just filed by Mr. Vance's office -- and a bit:

. . .We write in response to your request for further forbearance on enforcement of the subpoena duces tecum issued by a New York County grand jury to Mazars USA, LLC on August 29, 2019 (the “Mazars Subpoena”) in light of the August 21, 2020 Order of the U.S. Court of Appeals for the Second Circuit denying your application for an administrative stay of enforcement of the Mazars Subpoena and setting your application for a stay pending appeal for argument on September 1, 2020.

The Second Circuit properly held in its August 21 Order that no administrative stay of the Mazars Subpoena is warranted, as your client is highly unlikely to succeed on the merits of his appeal and will not suffer irreparable harm if a stay is not entered. The New York County District Attorney’s Office welcomes the expedited briefing and argument schedule to resolve your full stay application contemplated by that Order. To ensure the Second Circuit has ample opportunity to consider thoroughly the arguments raised in your stay papers, and to avoid undue further delay, the New York County District Attorney’s Office hereby agrees to forbear on enforcement of the Mazars Subpoena until 5:00 pm on the second calendar day after the Second Circuit issues a decision on your application for a stay pending appeal. . . .


Now you know. . . Trump is rapidly running out of options, here -- and he's had to let Eric be deposed, because there is simply no plausible reason young Eric cannot comply with (or ever might be excused from) garden variety NY/US criminal law.

नमस्ते

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