US Judge Sets Deadline for Trump, Vance in Tax Return Subpoena Case on Remand
The Second Circuit panel, in an opinion by Chief Judge Robert Katzmann, officially remanded the case to the trial court, but the judges acknowledged during oral arguments that their decision is sure to be appealed to the Supreme Court.
November 05, 2019 at 03:00 PM
3 minute read
Lawyers for President Donald Trump and Manhattan District Attorney Cyrus Vance Jr. have until Friday to say if more proceedings are needed in the Southern District of New York in their ongoing dispute over a grand jury subpoena for Trump's tax returns, according to a Tuesday order from U.S. District Senior Judge Victor Marrero.
On Monday, a panel of judges in the U.S. Court of Appeals for the Second Circuit affirmed Marrero's finding that Trump cannot claim presidential immunity to avoid the subpoena but vacated another part of Marrero's ruling, in which he had dismissed the complaint on a forum issue.
The Second Circuit panel, in an opinion by Chief Judge Robert Katzmann, officially remanded the case to the trial court, but the judges acknowledged during oral arguments that their decision is sure to be appealed to the Supreme Court.
Trump's attorney, Jay Sekulow, quickly confirmed that the president will be petitioning the Supreme Court for certiorari. They have nine more days to file that petition, according to the terms set out by both sides' lawyers before oral arguments, he said during his radio show Tuesday.
According to the agreement made before arguments, Trump's lawyers will ask the Supreme Court to hear the case in the current term. Sekulow said in an internet posting that there's an 80% chance the court will agree to hear the case. After that, he said he's confident in the president's chances.
"Ultimately, if they grant review, we carry the day," he said.
A spokesman for Sekulow did not immediately respond to a question about Marrero's order Tuesday, and a spokesman for Vance's office declined to comment.
At the end of his one-page order, Marrero noted that his court retains jurisdiction over the case for the purposes of enforcement, in case any party refuses to comply with a final judgment.
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