A federal appeals court on Monday ruled that President Donald Trump cannot prevent his finance firm from complying with a subpoena for his tax returns.
A three-judge panel on the U.S. Second Circuit Court of Appeals issued the ruling, which affirmatively states that a sitting president cannot claim “absolute presidential immunity” from state criminal investigatory processes, holding that the president’s accounting firm, Mazars USA, must abide by the subpoena for financial documents relating to Trump and his businesses issued by Manhattan District Attorney Cy Vance.
In a 34-page ruling, the Court affirmed a lower court’s ruling, effectively rejecting Trump’s request for an injunction that would prevent Mazars from turning over the documents.
“The President relies on what he described at oral argument as ‘temporary absolute presidential immunity’—he argues that he is absolutely immune from all stages of state criminal process while in office, including pre‐indictment investigation, and that the Mazars subpoena cannot be enforced in furtherance of any investigation into his activities,” the court wrote.
Refusing to rule on the precise nature and limitations of presidential immunity, the Court only addressed the issue based on the particular circumstances presented in the case, ruling that such immunity does not allow for the president to prevent a third-party from abiding by a lawful subpoena for non-privileged information just because of his office:
We have no occasion to decide today the precise contours and limitations of presidential immunity from prosecution, and we express no opinion on the applicability of any such immunity under circumstances not presented here. Instead, after reviewing historical and legal precedent, we conclude only that presidential immunity does not bar the enforcement of a state grand jury subpoena directing a third party to produce non‐privileged material, even when the subject matter under investigation pertains to the President.
[image via LUDOVIC MARIN/AFP/Getty Images]