Wednesday, July 15, 2020

Back In Manhattan (USDC, SDNY) -- As To The Mazars' (Financial Records) Subpoena -- Trump Is Merely Clutching At Straws, Now...


Even by the unusually turgid Trumpian standards of tendentiousness, today's filing is. . . over the top (by Trump).

In it, he argues that Mr. Vance's criminal inquiry is (wait for it!). . . bad faith. This, from a guy who commutes the sentence of a seven times convicted felon who is covering up for him, by lying and intimidating witnesses. Charming.

[You'll recall that last week, all nine of the sitting Justices of the US Supreme Court rejected Trump's absolute immunity claim.] In any event, Mr. Vance will get the Mazars documents, but likely not before the election -- even though all of the matters raised by Trump were previously rejected, in explicit rulings by the able District Court judge here (see at pages 5 to 10):

. . . .The President states that he may argue that the subpoena “‘is motivated by a desire to harass or is conducted in bad faith,’” see Slip Op. at 16, or that the subpoena is meant to “manipulate” his policy decisions or to retaliate against him for official acts, see Slip Op. at 17. But this Court has already found that there was no demonstrated bad faith, harassment, or any other unusual circumstance that would call for equitable relief. 395 F. Supp. 3d at 298-300. And this Court has rejected the President’s claim that there was any evidence of a “secondary motive” that goes beyond good faith enforcement of the criminal laws. Id. at 299. Statements by other elected officials, as this Court ruled, “do not reveal the ‘subjective motive’ of the District Attorney in initiating these particular proceedings,” and do not support a finding of bad faith by the District Attorney. . . .

The President further states that he may argue that compliance would “impede his constitutional duties.” See Slip Op. at 20. But this Court has specifically held that the President failed to demonstrate “that the burdens and interferences the President describes in this case would substantially impair the President's ability to perform his constitutional duties.” 395 F. Supp. 3d at 316. . . .


Onward -- grinning, because Trump knows he's cornered, now. Cy Vance, Jr. has him, dead to rights. If the Mazars documents contain what we've been led to believe. . . Trump will be guilty of several felonies -- and headed to prison, in 2021.

नमस्ते

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