Democrats were waiting for Barack Obama to send a signal on 2020. As the leader…Read More →
Justices Brett Kavanaugh, Neil Gorsuch, and Clarence Thomas just threw down the gauntlet.
The Supreme Court was trying to stay out of the next Presidential Election.
And now all hell broke loose when the Supreme Court agreed to hear this 2020 case.
As Conservative Revival reports:
Three Democrat-appointed political activists on the Second Circuit Court of Appeals sided with their political allies on the left in upholding a lower court Obama judge’s ruling that the financial institution Mazars needed to turn over eight years of Donald Trump’s tax returns to Manhattan District Attorney Cyrus Vance, Jr.’s office.
The President’s lawyers argued that because prosecutors could not charge the President with a crime while in office, they could not carry out this sham criminal investigation.
Judge Robert Katzmann – who was appointed by Bill Clinton – joined Obama judges Denny Chin and Christopher Downey in rejecting the President’s argument.
“After reviewing historical and legal precedent, we conclude only that presidential immunity does not bar the enforcement of a state grand jury subpoena directing a third party to produce non-privileged material, even when the subject matter under investigation pertains to the President,” Katzmann argued in his opinion for the court.
Katzmann also claimed that because the subpoena did not put any demands on the President’s time, that President Trump’s lawyers had no claim to make that Mazars complying would inhibit his ability to carry out his duties as Commander-in-Chief.
“We are not faced, in this case, with the President’s arrest or imprisonment, or with an order compelling him to attend court at a particular time or place, or, indeed, with an order that compels the President himself to do anything,” Katzmann continued. “The subpoena at issue is directed not to the President, but to his accountants; compliance does not require the President to do anything at all.”
“The subpoena seeks only the President’s private tax returns and financial information relating to the businesses he owns in his capacity as a private citizen. These documents do not implicate, in any way, the performance of his official duties,” Katzmann added.
The opinion also argued that because Presidents going back to Jimmy Carter publicly released their tax returns the precedent was set that disclosing private financial information did not impair the President’s ability to function as the chief executive.
“We note that the past six presidents, dating back to President Carter, all voluntarily released their tax returns to the public. While we do not place dispositive weight on this fact, it reinforces our conclusion that the disclosure of personal financial information, standing alone, is unlikely to impair the President in performing the duties of his office,” the appeals court observed in a footnote.
President Trump’s lawyer Jay Sekulow immediately announced their intention to appeal the ruling to the Supreme Court.
This will present Brett Kavanaugh and the rest of the justices with a major decision.
Vance’s inquiry is clearly a politically motivated fishing expedition designed to embarrass the President.
District Attorney Vance hopes to have the President campaign for re-election under the cloud of criminal investigation and with the prospect of facing charges if he loses.
But if the judges uphold the rule of law and exercise common sense – a local district attorney can criminally charge the President of the United States – the fake and corrupt news media will howl that the conservative judges closed ranks during election season.
Conservative Revival will keep you up to date on any new developments in the Democrats’ ongoing impeachment witch hunt against Donald Trump.