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Rule of LawNorth America

Trump must hand over tax returns, rules judge

August 20, 2020

US President Donald Trump broke a campaign promise by refusing to share his tax returns. Despite a judge rejecting a last-ditch attempt by his lawyers, Trump still plans on fighting their release.

https://p.dw.com/p/3hGKg
US President Donald Trump
Image: picture-alliance/dpa/C. Kleponis

US President Donald Trump cannot block a prosecutor's subpoena issued to his accounting firm for eight years of his tax returns, a federal judge ruled on Thursday.

The grand jury subpoena from Manhattan District Attorney Cyrus Vance to accountants Mazars USA was not "wildly overbroad" and not issued in bad faith, ruled US District Judge Victor Marrero.

Trump's tax returns have been the subject of speculation after he went back on a 2016 campaign promise to release them, breaking a four-decade tradition among presidents and presidential candidates.

Read more: Steve Bannon: Prosecutors arrest ex-Trump adviser over fraud

Since then, numerous lawmakers and prosecutors have tried to obtain them.

While the ruling represents a setback for Trump, litigation and grand jury secrecy rules make it unlikely Trump's financial records will become public before November 3, when the president is seeking re-election.

Trump's lawyers immediately appealed Thursday's ruling.

Trump v. Vance

The case concerns a subpoena issued by Vance in August 2019 as part of his criminal probe into Trump and the Trump Organization.

In a court filing this month, Vance suggested the subpoena was related to "possibly extensive and protracted criminal conduct at the Trump Organization," including alleged insurance and bank fraud.

Marrero rejected Trump's accusations that the subpoena would let Vance go on an improper "fishing expedition" into finances.

Read more: Ex-US President Barack Obama lays into Trump in DNC speech

Marrero also rejected Trump's lawyers' argument that the subpoena was issued in bad faith, was possibly politically motivated and amounted to harassment.

He accepted Vance's argument that letting Trump delay the subpoena's enforcement would effectively give the president "absolute temporary immunity" from the probe while in the White House.

Unless enforcing the subpoena would affect his constitutional duties, "the President is entitled to claim no greater shield from judicial process than any other person," Marrero wrote.

Thursday's decision follows a ruling by the US Supreme Court on July 9. The court rejected Trump's earlier argument he was immune from state criminal probes while in the White House.

kmm/rt (Reuters, AP)