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  • The United States Court of Appeals for the 2nd Circuitthat's right below the Supreme

  • Courtruled that there's no broad immunity for the president for behavior that he engaged

  • in before he was in the White House.

  • This subpoena is for his tax returns and the Trump Organization corporate records from

  • 2015 and 2016.

  • It also ruled that since the subpoena's not to him, it's to his accountants, it

  • doesn't require him to do anything that might be disruptive to his job as president.

  • All this is pretty much consistent with what a trial judge ruled when the president sought

  • to throw out the subpoena.

  • What happens next will probably be an application to a single justice of the Supreme Court to

  • stay, to stop the effect of this decision, until the Court can decide

  • Who is this justice?

  • That'll be Justice Ginsburg because she is assigned by geography to hear appeals from

  • federal courts coming from this circuit, the second circuit.

  • Why, if I'm a US sitting president, why am I not immune from prosecution?

  • Ah, great question.

  • This does not address prosecution.

  • This addresses investigation.

  • No one is immune from the government investigating their behavior.

  • In this case, the behavior being investigating occurred before he was president.

  • That's what caused the court to say there's no immunity.

  • The court expressly did not ruleDID NOT RULEon whether a sitting president can

  • be prosecuted by a state court.

  • The answer to that is he probably cannot but that's a guess from me.

  • So they request from the accountants-- I have 30 seconds here: Ginsburg does what and what

  • happens after that?

  • So if she stays the effect of the decision, then the Court has all the time it wants to

  • decide whether or not to hear the appeal.

  • If she doesn't stay the effect of the decision, I would imagine the president would then appeal

  • to the entire court asking for a stay.

  • If no stay is issued, then the subpoena's going to be complied with.

  • Remember, it's not a subpoena to him, he can't physically stop it.

  • So it's November 2019— Yes.

  • How's this play out time table-wise?

  • If the Supreme Court were to hear this, I think they would hear it on an emergency basis,

  • meaning before Christmas.

  • This is Fox News' senior judicial analyst Andrew Napolitano delivering yet another blow

  • to the White House as he explains the implications of Trump's latest loss in the judicial system.

  • Trump had previously sued the Manhattan DA's office to block a subpoena it sent to his

  • accounting firm, Mazars USA, for 8 years of his tax returns.

  • And in case you haven't heard the argument that Trump's lawyers made in court, his

  • private attorney William Consovoy argued that a sitting president hasabsolute immunity

  • from criminal process of any kind,” that he cannot be prosecuted or even investigated

  • while in office, even for shooting someone on the streets of Manhattan.

  • And this assertion came in response to Trump's own statement from 2016, in which he said

  • that he could shoot someone on Fifth Avenue and not lose any voters.

  • And so obviously, Trump's lawyers decided that they'd ACTUALLY try and argue this

  • defense, that Trump could indeed kill someone in broad daylight and not only could he not

  • be prosecuted for murder, but that police wouldn't even be allowed to INVESTIGATE

  • him.

  • This might be a good time to remind you that Trump ran on a platform oflaw and order.”

  • And I know you're not gonna believe this, but somehow this defense didn't hold up.

  • US District Judge Victor Marrero not only dismissed the lawsuit brought on by Trump

  • but called his assertion of temporary presidential immunityrepugnant to the nation's fundamental

  • structure and constitutional values.”

  • He went on to say that such a positionwould constitute an overreach of executive power.”

  • And I know what you're thinkingDonald Trump?

  • Overreaching his executive power?

  • Never.

  • Trump's team appealed that decision only to find that the 2nd US Court of Appeals,

  • in a unanimous 3-0 ruling, upheld the district court's decision ordering Trump's tax

  • returns to be released pursuant to the Manhattan DA's subpoena.

  • At this point, the ONLY institution that could still stop Trump's taxes from being released

  • is the Supreme Court.

  • And you have to admit that there's some poetic justice in Justice Ginsburg being responsible

  • for deciding whether or not to issue a stay on the ruling, given that the White House

  • has been falling over itself the bury the 85-year-old liberal justice despite the fact

  • that she's still very much alive.

  • The Trump administration reportedly began preparing to replace Ginsburg after she simply

  • missed oral arguments one time at the beginning of this year.

  • Imagine missing work on Monday and your boss plans a candlelight vigil in your memory that

  • same day.

  • With all of that said, that's not to say that Justice Ginsburg won't rule fairly

  • because, unlike the entirety of this administration, there are still some vestiges of the federal

  • government that value, you know, our democracy.

  • And I know Republicans, in their desperation to protect Trump from any and all accountability,

  • will claim that the release of his tax returns is nothing more than a partisan witch hunt,

  • but there's serious significance in allowing the release of Trump's tax returns.

  • In this specific instance, the Manhattan DA is investigating Trump's role in illegal

  • hush money payments for his affairs.

  • And keep in mind, while this might seem minor compared to the REST of Trump's crimes,

  • that doesn't mean it doesn't count.

  • Michael Cohen is literally in prison for his role in this scheme.

  • And not only did Cohen administer those hush money payments, but Trump reimbursed him,

  • meaning Trump made undisclosed contributions to his own campaign AND because the payments

  • were disguised as legal fees, Trump very likely deducted them on his tax returns as a business

  • expense, which is tax fraud.

  • But the only way to find that out is, you guessed it, by seeing his tax returns.

  • But beyond that, knowing where Trump's financial interests lie is also a matter of national

  • security.

  • It might help explain things like, for example, why he might've completely rolled over for

  • the Turks and allowed them unfettered access to attack our allies, the Kurds, and whether

  • it just might have anything to do with the fact that Trump owns property in Istanbul.

  • Knowing where Trump has financial interests might be helpful so we have a little advance

  • notice when we're suddenly going to let the people guarding the ISIS prison cells

  • be subject to attack by a hostile foreign power.

  • And so now, our attention will now turn to the Supreme Court, where the justices will

  • have to decide whether to shield a president who believes that he has the right to commit

  • crimes uninhibited while he's in office, or if our laws and national security supersede

  • Trump's superiority complex.

The United States Court of Appeals for the 2nd Circuitthat's right below the Supreme

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