Manhattan District Attorney Cyrus Vance Jr. Photo: Rick Kopstein/ALMVance Agrees to Stay Enforcement of Grand Jury Subpoena for Trump Tax Docs, in Exchange for Expedited Review Process
Arguments are set to be heard at 10 a.m. Wednesday by Chief Judge Robert Katzmann, Senior Judge Christopher Droney and Judge Denny Chin of the U.S. Second Circuit Court of Appeals.
October 21, 2019 at 02:52 PM
3 minute read
The original version of this story was published on New York Law Journal
Manhattan District Attorney Cyrus Vance Jr. has agreed to delay enforcement of a grand jury subpoena seeking President Donald Trump's tax returns in exchange for the president's attorneys agreeing to an expedited timeline that would ensure any appeal makes it to the U.S. Supreme Court this term.
Such an expedited timeline would make it likely that any final decision from the high court is made before the 2020 presidential elections. Some observers of the case have surmised that the Trump team has been seeking to draw out the challenges so that any final decisions and any disclosure of financial information would come after the election next November, when its political effect would be neutralized.
In a letter signed by Vance's general counsel Carey Dunne and co-signed by William Consovoy of Consovoy McCarthy and lawyers for Mazars USA, Trump's accounting firm, Vance's lawyers wrote that Vance would not enforce the subpoena from the end of oral arguments Wednesday until 10 calendar days after the court issues its panel opinion.
Any petition for certiorari must be filed in that time period, Dunne wrote, and if Trump petitions for certiorari, he must request that the Supreme Court hear the case in the current term. Dunne laid out a tight deadline for responses to that petition, writing that any opposition must be filed within seven calendar days and any replies must be filed three days after that.
In the event of a petition, Vance will further delay enforcement of the subpoena until the Supreme Court denies certiorari or issues an opinion, whichever is sooner, Dunne wrote.
Arguments are set to be heard at 10 a.m. Wednesday by Chief Judge Robert Katzmann, Senior Judge Christopher Droney and Judge Denny Chin of the U.S. Court of Appeals for the Second Circuit.
A stay had been set to expire Wednesday, after oral arguments scheduled before a panel of Second Circuit judges take place.
Trump's legal team asked the court for a stay Friday, when Consovoy filed a motion to extend the current administrative stay.
In a memo supporting that motion, Consovoy set a deadline of 9 a.m. Tuesday for the court to respond. If the court did not respond by Tuesday, Consovoy had said, Trump's lawyers would file a protective motion for a stay pending appeal to the U.S. Supreme Court.
In court papers filed Thursday, Consovoy argued that it is traditional for the Supreme Court to review claims of presidential immunity. Vance's lawyers have argued that the case should be dismissed and Trump should have sued in state court.
Read more:
This content has been archived. It is available through our partners, LexisNexis® and Bloomberg Law.
To view this content, please continue to their sites.
Not a Lexis Subscriber?
Subscribe Now
Not a Bloomberg Law Subscriber?
Subscribe Now
NOT FOR REPRINT
© 2024 ALM Global, LLC, All Rights Reserved. Request academic re-use from www.copyright.com. All other uses, submit a request to [email protected]. For more information visit Asset & Logo Licensing.
You Might Like
View All
Pa. Judicial Nominee Advances While Trump Demands GOP Unity Against Biden Picks
4 minute read
Auditor Finds 'Significant Deficiency' in FTC Accounting to Tune of $7M
4 minute read
Trump's SEC Overhaul: What It Means for Big Law Capital Markets, Crypto Work
'Radical Left Judges'?: Trump Demands GOP Unity Against Biden's Judicial Picks
4 minute readTrending Stories
- 1When Police Destroy Property, Is It a 'Taking'? Maybe So, Say Sotomayor, Gorsuch
- 2New York Top Court Says Clickwrap Assent Binds Plaintiff's Personal-Injury Claim to Arbitration in Uber Case
- 3'You Can’t Do a First Draft of Common Sense': Microsoft GC Jon Palmer Talks AI, Litigation, and Leadership
- 4About the Awards: Southeastern Legal Awards Q&A with Regional Managing Editor Michael Marciano
- 5Private Credit Boom: Miami’s Role as a Financial and Litigation Hub
Who Got The Work
Michael G. Bongiorno, Andrew Scott Dulberg and Elizabeth E. Driscoll from Wilmer Cutler Pickering Hale and Dorr have stepped in to represent Symbotic Inc., an A.I.-enabled technology platform that focuses on increasing supply chain efficiency, and other defendants in a pending shareholder derivative lawsuit. The case, filed Oct. 2 in Massachusetts District Court by the Brown Law Firm on behalf of Stephen Austen, accuses certain officers and directors of misleading investors in regard to Symbotic's potential for margin growth by failing to disclose that the company was not equipped to timely deploy its systems or manage expenses through project delays. The case, assigned to U.S. District Judge Nathaniel M. Gorton, is 1:24-cv-12522, Austen v. Cohen et al.
Who Got The Work
Edmund Polubinski and Marie Killmond of Davis Polk & Wardwell have entered appearances for data platform software development company MongoDB and other defendants in a pending shareholder derivative lawsuit. The action, filed Oct. 7 in New York Southern District Court by the Brown Law Firm, accuses the company's directors and/or officers of falsely expressing confidence in the company’s restructuring of its sales incentive plan and downplaying the severity of decreases in its upfront commitments. The case is 1:24-cv-07594, Roy v. Ittycheria et al.
Who Got The Work
Amy O. Bruchs and Kurt F. Ellison of Michael Best & Friedrich have entered appearances for Epic Systems Corp. in a pending employment discrimination lawsuit. The suit was filed Sept. 7 in Wisconsin Western District Court by Levine Eisberner LLC and Siri & Glimstad on behalf of a project manager who claims that he was wrongfully terminated after applying for a religious exemption to the defendant's COVID-19 vaccine mandate. The case, assigned to U.S. Magistrate Judge Anita Marie Boor, is 3:24-cv-00630, Secker, Nathan v. Epic Systems Corporation.
Who Got The Work
David X. Sullivan, Thomas J. Finn and Gregory A. Hall from McCarter & English have entered appearances for Sunrun Installation Services in a pending civil rights lawsuit. The complaint was filed Sept. 4 in Connecticut District Court by attorney Robert M. Berke on behalf of former employee George Edward Steins, who was arrested and charged with employing an unregistered home improvement salesperson. The complaint alleges that had Sunrun informed the Connecticut Department of Consumer Protection that the plaintiff's employment had ended in 2017 and that he no longer held Sunrun's home improvement contractor license, he would not have been hit with charges, which were dismissed in May 2024. The case, assigned to U.S. District Judge Jeffrey A. Meyer, is 3:24-cv-01423, Steins v. Sunrun, Inc. et al.
Who Got The Work
Greenberg Traurig shareholder Joshua L. Raskin has entered an appearance for boohoo.com UK Ltd. in a pending patent infringement lawsuit. The suit, filed Sept. 3 in Texas Eastern District Court by Rozier Hardt McDonough on behalf of Alto Dynamics, asserts five patents related to an online shopping platform. The case, assigned to U.S. District Judge Rodney Gilstrap, is 2:24-cv-00719, Alto Dynamics, LLC v. boohoo.com UK Limited.
Featured Firms
Law Offices of Gary Martin Hays & Associates, P.C.
(470) 294-1674
Law Offices of Mark E. Salomone
(857) 444-6468
Smith & Hassler
(713) 739-1250
