NBC News reported on October 21, 2019 that prosecutors from Manhattan DA Cyrus Vance’s office had “struck a deal” with President Trump’s lawyers not to enforce subpoenas requesting 8 years of Trump’s tax returns until the U.S. Supreme Court had a take on the issue–either decides the case on its merits or declines to hear it. This “deal” between Cyrus Vance’s office and the President’s lawyers came after a U.S. District Judge ruled in favor of DA Cyrus Vance, ordering Mazars, the accounting firm holding the requested tax returns to release them to Manhattan prosecutors.
On November 4, 2019, a federal appeals court(2nd circuit) affirmed the decision of the district court, essentially dismissing Trump’s appeal and ordering Mazars to release 8 years of Trump’s tax returns to Manhattan prosecutors. What now remains between the public(represented by DA Vance) getting a chance to see Trump’s tax returns possibly before the end of 2019 is this “deal” which Yours Truly argues is an easy out by DA Vance to Trump–a point that is totally lost to the mainstream media.
Here’s why DA Vance’s “deal” with Trump’s lawyers is an easy out. DA Vance has been quoted by several mainstream media outlets as saying that his entire criminal investigation into Trump rests on information that can only be provided by the tax returns his office is currently seeking. Reasonable people will therefore agree that if Trump’s tax returns are so crucial to DA Vance’s case, he should never have “struck a deal” with Trump’s lawyers after the U.S. District Court ruled in his favor. He should have gone for the kill–enforce the subpoenas.
Enforcing the subpoenas would have put Trump’s lawyers on major defense both at the federal appeals court and the U.S. Supreme Court. At the U.S. Supreme Court it would have been much easier given the huge public interest in the case, the fact that it is a criminal proceeding, and the fact that it involves President Trump, for DA Vance to request the high court for an emergency declaration–one that would have highly likely been handed down before the end of 2019. Yours Truly wrote and tweeted about this very topic which coincidentally, was echoed by Fox News’ legal eagle Judge Napolitano.
Well lookie here??, turns out Yours Truly's proposition is not wacky at all. #FoxNews' Judge #Napolitano says THERE IS a mechanism that would allow #SCOTUS to decide on #Trump's #taxreturns BEFORE Christmas. Hmm–WHO KNEW??https://t.co/grsfsFvAjW
— Emoluments Clause (@Emolclause) November 4, 2019
For the record, prosecutors are accorded tremendous discretion over how they decide to proceed with their various cases and like all human beings, are prone to making wrong judgement calls. DA Cyrus Vance however has a recorded history of going easy on the Trumps which is why Yours Truly takes great issue with this “deal” his office struck with Trump lawyers, a deal that significantly weakens their winning hand. You will remember the same DA Vance, presented with overwhelming evidence of criminal wrongdoing by Ivanka Trump and Donald Trump, Jr, still made the shocking decision not to file criminal charges against them.
"FBI Investigating Manhattan DA For Bribery After Letting Off #Trump’s Kids"
— Jan Fredriksson ?? ?? (@JanAFredriksson) October 21, 2018
"Cy Vance met Ivanka and Trump Jr's attorney, Marc Kasowitz who gave him $25,000, $32,000 more donated after his office declined to prosecute Ivanka and Trump Jr."https://t.co/zHxBDp8Nus
Bottom line folks, even though this is lost to the mainstream media, Manhattan DA Vance did not need to “strike a deal” with Trump’s attorneys after his District Court win. His office held all the cards at that point. Any serious prosecutor presented with the same situation would have gone for the kill–enforce the subpoenas and then ask for an emergency declaration from the Supreme Court. As Judge Napolitano correctly pointed out, we could have secured Trump’s tax returns before Christmas 2019. Now thanks to DA Vance’s bogus “deal” we have to wait until June 2020—an unnecessary delay which only favors Trump. Its about time Democrats and the mainstream media start calling out DA Vance for his peculiar softness towards the Trumps. Better yet, it’s about time Manhattan elected a fair and impartial DA who would pursue rich criminals with the same vigor they pursue poor ones.
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You may reach the author via email at author@grassrootsdempolitics.com or author@emolumentsclause.com
The DA should resign over this. A 7 month delay not a “few”