In another legal blow for Donald Trump, the U.S. Court of Appeals for the Second Circuit on Friday refused to issue an administrative stay of a district court order enforcing the Manhattan DA’s subpoena to Mazars USA for the president’s tax returns.
“Appellant, President Donald J. Trump moves for a stay pending appeal and an administrative stay of the district court’s dismissal of his challenge to the Mazars subpoena. To the extent Appellant seeks an immediate administrative stay, that request is DENIED,” the court said, according to Law And Crime. “The motion for a stay pending appeal shall be heard before a three-judge panel on Tuesday, September 1, 2020. Appellees’ opposition to the motion must be filed by 5 p.m. on August 27, 2020, and Appellant’s reply, if any, must be filed by 5 p.m. on August, 31, 2020.”
The ruling comes just a day after U.S. District Judge Victor Marrero on Thursday issued a lengthy ruling in the Southern District of New York, dismissing Trump’s lawsuit with prejudice. That prompted the court’s clerk to note that the president’s “case is closed” in the New York court system.
Legal experts believe that Trump’s lawyers will ask the Supreme Court for a stay—anticipating that Vance may act on the window of opportunity.
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But the Supreme Court, in a 7-2 decision back in July, said President Trump was not absolutely immune to the state criminal process, meaning Vance’s case could move forward.
In short, it appears the president will have no choice but to turn is his tax returns.
