Geoffrey Berman Letter Says US Attorney's Office Will File Papers in Trump Subpoena Challenge
President Donald Trump sued New York County District Attorney Cyrus Vance Jr., calling the subpoena, which was issued to Mazars, an accounting firm that has performed work for Trump and his businesses, a "campaign to harass the president."
October 01, 2019 at 11:46 AM
3 minute read
Geoffrey Berman, U.S. attorney for the Southern District of New York. Photo: John Taggart/Bloomberg
The U.S. Attorney's Office for the Southern District of New York is planning to weigh in on constitutional issues raised by federal lawsuit filed by President Donald Trump Sept. 19 challenging a Manhattan grand jury subpoena seeking his tax returns, according to a notice sent Monday by prosecutors to the judge presiding over the case.
Trump sued New York County District Attorney Cyrus Vance Jr. in the Southern District of New York, calling the subpoena, which was issued to Mazars, an accounting firm that has performed work for Trump and his businesses, a "campaign to harass the president" and making the constitutional argument that he should be immune to state prosecution as long as he is in the White House.
Vance's lawyers have pointed out that a grand jury subpoena does not mean the president will necessarily be charged with any crimes and that grand juries typically have wide-ranging investigative powers. They also argued that the case should have been filed in state court since it was taking issue with a state subpoena.
The first hint of federal prosecutors' involvement came late Sept. 24, hours before attorneys representing Trump and Vance were scheduled for a hearing in the courtroom of U.S. Senior District Judge Victor Marrero.
Southern District U.S. Attorney Geoffrey Berman filed a letter that night supporting a temporary restraining order, saying it would give his office time to decide whether to participate.
He asked the court to prohibit enforcement of the subpoena "to preserve the status quo while the Court has the opportunity to receive a more complete presentation regarding the weighty constitutional issues raised by plaintiff's suit."
Marrero set a deadline Monday for the U.S. Attorney's Office to say whether it would participate and a filing deadline Wednesday.
Berman sent a one-paragraph notice to Marrero Monday, confirming that prosecutors will file papers by 5 p.m. Wednesday.
Meanwhile, lawyers for Trump and Vance have agreed that Vance's office will not enforce the subpoena until 1 p.m. Oct. 7 or 1 p.m. on the day that falls two business days after Marrero rules on pending motions, whichever is sooner.
READ MORE:
'Go Home, Sober Up:' Federal Judge Stays Trump Tax Return Subpoena Another Day
Lawyers for Manhattan DA Vance in Trump Tax Return Case Agree to Another Delay
Trump Lawyers Ask for More Time for Accounting Firm's Compliance With Vance's Subpoena
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
Decision of the Day: Judge Dismisses Defamation Suit by New York Philharmonic Oboist Accused of Sexual Misconduct
Private Equity Giant KKR Refiles SDNY Countersuit in DOJ Premerger Filing Row
3 minute read
Decision of the Day: Judge Rules Brutality Claims Against Hudson Valley Police Officer to Proceed to Trial
Skadden and Steptoe, Defending Amex GBT, Blasts Biden DOJ's Antitrust Lawsuit Over Merger Proposal
4 minute readTrending Stories
- 15th Circuit Considers Challenge to Louisiana's Ten Commandments Law
- 2Crocs Accused of Padding Revenue With Channel-Stuffing HEYDUDE Shoes
- 3E-discovery Practitioners Are Racing to Adapt to Social Media’s Evolving Landscape
- 4The Law Firm Disrupted: For Office Policies, Big Law Has Its Ear to the Market, Not to Trump
- 5FTC Finalizes Child Online Privacy Rule Updates, But Ferguson Eyes Further Changes
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
