Appeals Court May Rule on Trump Tax Subpoena Before Election

A federal appeals judge suggested the court may expedite consideration of President Donald Trump’s latest attempt to block the Manhattan district attorney’s subpoena of his tax records, potentially issuing a decision before the presidential election in November.

The U.S. Court of Appeals in New York could also rule by the end of Tuesday that the subpoena can be enforced against Trump even while his appeal proceeds. The president is seeking an order putting on hold a lower-court decision allowing the subpoena to go forward. Trump’s lawyers have said they will seek review from the U.S. Supreme Court if they lose in the Manhattan-based court

During a hearing on the president’s request, Robert Katzmann, the chief judge of the appeals court, asked lawyers for Trump and for District Attorney Cyrus Vance Jr. if they would agree to file briefs in the case on an accelerated schedule with the goal of holding arguments before the end of September.

U.S. District Judge Victor Marrero last month rejected Trump’s claims that the subpoena, to his accountants at Mazars USA, was issued in bad faith and is overbroad. Vance is seeking eight years of the president’s taxes and other financial records as part of a grand jury investigation that includes payments made to porn star Stormy Daniels before the 2016 election.

Vance wants the court to allow it to enforce the subpoena without delay. Even if Trump loses, the materials sought by Vance are protected by grand jury secrecy laws, meaning they may not become public.

The U.S. Supreme Court in July rejected Trump’s argument that he’s immune to state criminal investigations.

The case is Trump v. Vance, 20-02766, Second U.S. Circuit Court of Appeals (Manhattan).

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