Trump Lawyers Agree to Expedited Litigation With Manhattan DA Over Subpoenaed Financial Records
The Supreme Court ruling opened the door for Trump to "raise subpoena-specific constitutional challenges, in either a state or federal forum," Chief Justice John Roberts Jr. wrote.
July 15, 2020 at 03:14 PM
4 minute read
The original version of this story was published on New York Law Journal
President Donald Trump intends to file an amended complaint in federal court to introduce new arguments against a Manhattan grand jury's subpoena for his tax records, according to documents filed by his attorney Wednesday.
In the same communication, the president's legal team listed a number of potential arguments it could make to trim the subpoena or contest it entirely.
Trump sued Manhattan District Attorney Cyrus Vance Jr. in the federal court for the Southern District of New York in September, arguing that presidents are immune from state prosecution. The case was eventually heard by the U.S. Supreme Court, which rejected Trump's immunity argument in a 7-2 ruling July 9.
The ruling opened the door for Trump to "raise subpoena-specific constitutional challenges, in either a state or federal forum," Chief Justice John Roberts Jr. wrote.
In a joint letter to Senior U.S. District Judge Victor Marrero, who heard the case last fall, Trump attorney William Consovoy of Consovoy McCarthy agreed to the DA's request to expedite proceedings so the amended complaint will have a deadline of July 27.
The complaint, Consovoy wrote, will include "some or all" of four categories of argument: that the subpoena is too broad or otherwise not properly tailored; that it is motivated by bad faith or a desire to harass the president; that it is meant to manipulate the president's policy decisions or retaliate against him for his acts in office; or that compliance would impede his constitutional duties.
Manhattan District Attorney's Office General Counsel Carey Dunne argued that Marrero has already rejected similar arguments from Trump. Dunne echoed Roberts' reference to the 1807 ruling in United States v. Burr, in which presidents were found to stand "in nearly the same situation with any other individual" as to their private papers.
"The President's proposal attempts to elide that standard; indeed, it expressly invites this Court to conduct a heightened-scrutiny inquiry drawn from the concurring opinion that was utterly rejected by the majority decision," Dunne wrote.
Consovoy quoted from Associate Justice Brett Kavanaugh's concurring opinion to emphasize why discovery will be needed later in the case. Lower courts will have to "begin by delving into why the State wants the information; why and how much the State needs the information, including whether the State could obtain the information elsewhere; and whether compliance with the subpoena would unduly burden or interfere with a President's official duties," Kavanaugh wrote.
Vance may file a motion to dismiss before the discovery process begins, Consovoy acknowledged. Dunne will have a deadline of Aug. 3 to answer the amended complaint or move against it, according to the joint letter, and in the event of a motion, briefing would be completed by Aug. 14.
Dunne argued that the Supreme Court did not suggest discovery would be appropriate in the case.
"Even if the President were able to file a sufficient amended pleading, discovery into the District Attorney's motives would be highly irregular and inappropriate," he wrote.
On Wednesday, Dunne also asked the Supreme Court to enter its formal judgment without delay, explaining that the ongoing grand jury investigation involves "numerous individuals and entities … in which time is of the essence."
Issues with statutes of limitation could arise "in the near future," Dunne wrote.
As was the case in 2019, the president's accounting firm Mazars, which is the recipient of the grand jury subpoena, has taken no position in the case. Attorneys from Wilson Elser Moskowitz Edelman & Dicker entered their appearances for Mazars this week.
Read more:
Vance Says Grand Jury Probe 'Will Resume' After US Supreme Court Rejects Trump Immunity Claim
'We All Know It's About the President': Trump Finds Defenders at Supreme Court in Tax Returns Case
Trump Can't Block NY Grand Jury Subpoena Seeking Tax Records, 2nd Circuit Rules
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
© 2025 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'Better of the Split': District Judge Weighs Circuit Divide in Considering Who Pays Decades-Old Medical Bill
RFK Jr. Will Keep Affiliations With Morgan & Morgan, Other Law Firms If Confirmed to DHHS
3 minute readAm Law 200 Firms Announce Wave of D.C. Hires in White-Collar, Antitrust, Litigation Practices
3 minute readLaw Firms Mentioned
Trending Stories
- 1No Two Wildfires Alike: Lawyers Take Different Legal Strategies in California
- 2Poop-Themed Dog Toy OK as Parody, but Still Tarnished Jack Daniel’s Brand, Court Says
- 3Meet the New President of NY's Association of Trial Court Jurists
- 4Lawyers' Phones Are Ringing: What Should Employers Do If ICE Raids Their Business?
- 5Freshfields Hires Ex-SEC Corporate Finance Director in Silicon Valley
Who Got The Work
J. Brugh Lower of Gibbons has entered an appearance for industrial equipment supplier Devco Corporation in a pending trademark infringement lawsuit. The suit, accusing the defendant of selling knock-off Graco products, was filed Dec. 18 in New Jersey District Court by Rivkin Radler on behalf of Graco Inc. and Graco Minnesota. The case, assigned to U.S. District Judge Zahid N. Quraishi, is 3:24-cv-11294, Graco Inc. et al v. Devco Corporation.
Who Got The Work
Rebecca Maller-Stein and Kent A. Yalowitz of Arnold & Porter Kaye Scholer have entered their appearances for Hanaco Venture Capital and its executives, Lior Prosor and David Frankel, in a pending securities lawsuit. The action, filed on Dec. 24 in New York Southern District Court by Zell, Aron & Co. on behalf of Goldeneye Advisors, accuses the defendants of negligently and fraudulently managing the plaintiff's $1 million investment. The case, assigned to U.S. District Judge Vernon S. Broderick, is 1:24-cv-09918, Goldeneye Advisors, LLC v. Hanaco Venture Capital, Ltd. et al.
Who Got The Work
Attorneys from A&O Shearman has stepped in as defense counsel for Toronto-Dominion Bank and other defendants in a pending securities class action. The suit, filed Dec. 11 in New York Southern District Court by Bleichmar Fonti & Auld, accuses the defendants of concealing the bank's 'pervasive' deficiencies in regards to its compliance with the Bank Secrecy Act and the quality of its anti-money laundering controls. The case, assigned to U.S. District Judge Arun Subramanian, is 1:24-cv-09445, Gonzalez v. The Toronto-Dominion Bank et al.
Who Got The Work
Crown Castle International, a Pennsylvania company providing shared communications infrastructure, has turned to Luke D. Wolf of Gordon Rees Scully Mansukhani to fend off a pending breach-of-contract lawsuit. The court action, filed Nov. 25 in Michigan Eastern District Court by Hooper Hathaway PC on behalf of The Town Residences LLC, accuses Crown Castle of failing to transfer approximately $30,000 in utility payments from T-Mobile in breach of a roof-top lease and assignment agreement. The case, assigned to U.S. District Judge Susan K. Declercq, is 2:24-cv-13131, The Town Residences LLC v. T-Mobile US, Inc. et al.
Who Got The Work
Wilfred P. Coronato and Daniel M. Schwartz of McCarter & English have stepped in as defense counsel to Electrolux Home Products Inc. in a pending product liability lawsuit. The court action, filed Nov. 26 in New York Eastern District Court by Poulos Lopiccolo PC and Nagel Rice LLP on behalf of David Stern, alleges that the defendant's refrigerators’ drawers and shelving repeatedly break and fall apart within months after purchase. The case, assigned to U.S. District Judge Joan M. Azrack, is 2:24-cv-08204, Stern v. Electrolux Home Products, Inc.
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