Lawyers for President Donald Trump again asked a federal judge to drop a grand jury subpoena issued against his tax preparer for financial documents, saying it was “too big” and was filed in bad faith, according to a filing in the Southern District. from New York .
The filing follows a Supreme Court decision earlier this month that said the president is not immune from a grand jury subpoena while in office.
Chief Justice John Roberts wrote in the decision, “From the earliest days of the Republic, ‘every man’ has included the President of the United States. Starting with Jefferson and continuing through Clinton, Presidents have testified uniformly or produced documents in criminal proceedings when federal courts request it. “
He added: “(W) e we cannot conclude that absolute immunity is necessary or appropriate under Article II or the Supremacy Clause.”
The decision was sent to lower courts where, according to the Supreme Court, the president can try to overturn or launch the subpoena through arguments that anyone else could bring to court and not simply because he is president.
Trump’s attorney, William Consovoy, argued in Monday’s filing, “The subpoena seeks bulky documents that are unrelated to the grand jury investigation and, instead, relate to issues and entities that far exceed the prosecutor’s jurisdiction. district under New York law. “
The subpoena requesting financial documents was filed last fall by the Manhattan District Attorney’s office against Mazars USA LLC, the firm that prepares Trump’s taxes.
Consovoy said the citation is “excessive” and “amounts to an arbitrary fishing expedition” in part because some of the documents requested refer to commercial entities located in other states and outside the country.
“The subpoena amounts to harassment of the president in violation of his legal rights,” he said. Consovoy repeated an earlier argument that the Manhattan prosecutor’s request essentially copied a subpoena from the House of Representatives as evidence that the subpoena was political in nature.
In a statement following the Supreme Court decision, Manhattan District Attorney Cy Vance said, “Our investigation, which was delayed for nearly a year by this lawsuit, will resume, guided as always by the solemn obligation of the grand jury. to comply with the law and the facts, wherever they may lead. “
A federal judge took the unusual step two weeks ago to advance the case by asking both parties to file the corresponding briefs and motions. Monday’s filing by Trump’s attorneys is an amended complaint in his lawsuit against Vance and his office, which started the legal battle last September.
