TODAY IN CONGRESS (TIC):
Your One Stop Shop For Learning What Our Congress Critters Are Up To!
Here Are The Headlines:
Postmaster DeJoy Under Congressional Investigation for Illeal Campaign Donations!
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Day 118 Since the House Passed the HEROES Bill and 16 Days Until the Government Runs Out of Money!
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House Democrats File Appeal to the Full DC Appeals Court to Overturn Three Judge Panel Ruling in McGahn Case!
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House Intelligence Committee to Investigate New DHS Whistleblower Complaint over White House Attempts to Manipulate Intelligence on Russian Interference in the 2020 Election!
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Retired Judge Appointed to Analyze the Flynn Case Opens Up A Can of WHOOP ASS on Barr’s DoJ!
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Trump’s Lawyers Attack Judge in Case of Manhattan DA’s Subpoena of Trump Financial Records.
Here’s today’s schedule with the events I think may be the most interesting in bold. You can watch C-Span HERE. NOTE: Sometimes C-Span posts additional Congressional events not on my list, later in the day.
Today’s Events:
House —
2:00 pm — House Session (The House returns for legislative business, following a district work period. One of the items on the agenda for the week is a resolution condemning of all forms of anti-Asian sentiment during the COVID-19 pandemic.)
Senate —
3:00 pm — Senate Session (Senators will resume consideration of the nomination of Mark Scarsi, of California, to be United States District Judge for the Central District of California.)
Recent Votes:
House — No recent votes.
Senate — No significant votes.
Comments:
Legislative Action —
Government Funding Deadline & H.R.6800 - HEROES Act — Well here we are at Day 118 (by my count) since the House passed the HEROES Act (a comprehensive Bill to provide additional Federal Aid related to the health and economic hardships caused by COVID-19) and we have 16 Days until the Government runs out of money and we face another government shutdown. If you have not seen the latest as to where things stand on both, check out this great post by our own Joan McCarter:
McConnell has been spending all his time negotiating with the other 52 Republicans in the Senate, trying to come up with a coronavirus relief package that satisfies the Chamber of Commerce and does just enough to make it look like vulnerable Republican senators did something to satisfy voters. So he's got a skinny relief bill (he prefers to call it "targeted") that he's pushing to the floor "as soon as this week." It's even less than the $1 trillion HEALS Act that landed with a thud back in July, and will not pass in the Senate.
It includes $300/week in added unemployment insurance payments, ending arbitrarily on Dec. 27—we're not going to be out of the pandemic or the economic crisis before the new year, but again, McConnell doesn't care. It also allows businesses to take a second bite at the Paycheck Protection Program (PPP) loans and turns $10 billion held by Treasury for the U.S. Postal Service to receive as a loan into a straight-across grant should it become necessary, as well as $105 billion for reopening schools and $45 billion for coronavirus-related health matters, including vaccine and treatment development and distribution, testing, and contact tracing.
Reminder:
The House has already approved $25 billion for the Postal Service with a special session vote in August. As well as the $3 trillion HEROES Act all those months ago. This bill will go nowhere with Democrats.
So now what?
"This emaciated bill is only intended to help vulnerable Republican Senators by giving them a 'check the box' vote to maintain the appearance that they're not held hostage by their extreme right-wing that doesn't want to spend a nickel to help people," they continue. That pretty much describes McConnell's effort. Even the White House is ignoring this—Mnuchin is willing to go up to $1.5 trillion on the next aid package and has begun tentative talks with Pelosi, once again shutting McConnell out of the process. The threat McConnell has now is with government funding. There's been talk among Republican aides of an effort to link a continuing resolution to fund the government to coronavirus spending. Pelosi and Mnuchin have rejected that ploy, but McConnell is enough of a hostage-taker to be willing to try it.
That’s interesting. It appears that Pelosi and Mnuchin have reached a deal to pass a “clean” Continuing Resolution (CR) to keep the government funded past September 30, without trying to include contentious COVID Relief $$ that could cause a government shutdown right before the election. But it sounds like McConnell has not entirely ruled out playing a game of political chicken by attaching his very skinny COVID Relief package to the CR to keep the government running. So far just a rumor, but I could see Mitch putting Democrats in Faustian Choice position of having to either vote for skinny COVID Relief/CR combo keeping the government funded but giving McConnell a victory and losing all hope of passing a REAL COVID Relief Bill before the election, or voting against it and being accused of both denying COVID Aid and shutting down the government. To make matters worse, who the hell knows what Trump will do?
Today’s C-Span TV Picks — Not much to watch today as the Congress Critters crawl back into town for the final legislative stretch before the election. But things are likely to heat up this week with McConnell likely to float his Skinny Cow COVID Relief Bill onto the Senate Floor, with Pelosi getting a “Clean” CR underway in the House to keep the government open and Hearings, Hearings and more Hearings. Stay Tuned!
COMMITTEE ACTIVITY:
Introduction:
NOTE #s1 — 4: To keep this diary as short as possible while still providing a means for new readers to obtain a chronological history on each Committee Activity topic/event below, I have squirreled away the Background information on these topics in other previously posted diaries. So each topic’s Background section below will include links to my September 26, 2019 Diary for Background prior to November 22, my November 22, 2019, 2019 Diary for Background between November 22, 2019 and January 30, 2020, and my January 30, 2020 Diary for Background from January 30, 2020 until today. This and other regular TIC diaries will only include Recent Developments (stuff that happened the day before) and New Developments on each Committee topic/event. Also, I will discontinue posting Committee topics/events that have been inactive for weeks, but their histories will remain in the Background Diaries. If something new happens on these discontinued topics/events, I will bring them back from the dead and post it in the regular TIC.
Now on with the show. (New and Important stuff in bold)
House Oversight & Reform Committee Postal Investigation —
Background — See my Aug 21 & Sep 9 TICs.
Recent Developments — House Oversight Committee subpoenas documents from Postmaster General DeJoy. The House subpoena calls on DeJoy to remit “all documents and communications” on the proposed or actual changes to Postal Service policies, standards or operations since his appointment. Details from CNN:
The House Oversight Committee subpoenaed USPS Postmaster General Louis DeJoy after DeJoy missed an August 26 deadline to respond to the committee, a House Oversight spokesperson told CNN on Wednesday.
The committee, led by Democratic Rep. Carolyn Maloney of New York, says DeJoy has until September 16 to comply with the subpoena.
The US Postal Service responded to the subpoena in a statement, saying, "We fully intend to comply with our obligations under the law," but it also criticized the move.
"We remain surprised and confused by Chairwoman Maloney's insistence on issuing a subpoena to the Postal Service in the midst of ongoing dialogue with her staff on the House Committee on Oversight and Reform to produce information in an orderly fashion," the USPS statement said.
Two sources familiar with the relationship told CNN that DeJoy's staff had been in regular contact with the House Oversight Committee following the hearing last week.
Notice the response from the postal service does not say they will hand over all the subpoenaed documents, only that they “fully intend to comply with our obligations under the law," which is code for handing over what we determine is legally required. We will likely find out what that is this week.
Here is some more recent news from of all places the
Missoula Current. I wonder how this is playing in Montana?
Scrutiny on DeJoy — who is the only postmaster general in two decades to lack experience in the Postal Service — has only increased in the weeks since leaked Postal Service memos showed a sweeping push to cut overtime, freeze executive hiring and ban extra mail deliveries.
One memo featured directions to employees to leave mail behind at distribution centers, regardless of its priority.
Democrats in the House and Senate have argued such decisions smack of impropriety as the millions of Americans prepare to cast their votes for the upcoming election between Trump and former Vice President Joe Biden.
DeJoy’s decision to remove hundreds of mail sorting machines, the very devices that make processing mail considerably faster, have prompted critics to cry foul and, in at least one case, to litigate.
Several New York voters and political candidates behind an August class action say DeJoy’s retirement of 671 sorting machines guarantees with “virtual certainty” that massive numbers of mail-in ballots will not be processed in time.
DeJoy went before the Senate to face questions on operational changes a few days after the lawsuit was filed. Calling the insinuations that he was attempting to sabotage the November election “outrageous,” DeJoy blamed widespread mail delays on the pandemic and vowed to prioritize election mail.
Records of internal briefings given to the postmaster in mid-August meanwhile showed that DeJoy’s predecessor at the Postal Service had managed to get mail out faster in the early months of the pandemic.
It was only around mid-June, just after DeJoy officially settled into the role, that the processing rate dipped considerably.
How this will all resolve is anyone’s guess. But with all the legal appeals DeJoy will likely file, I don’t see how the Courts will be able to act quickly enough to get all the sorting machines restored before the election, and DeJoy knows it. While he may consider this “Mission Accomplished”, if we all mail in our ballots as early as possible or use State set up Drop Boxes, we can thwart his plans.
New Developments — As if DeJoy doesn’t find himself in enough trouble over his sabotage of the Postal Service, he has given Congress another reason to investigate him, as detailed in this CNN Story:
The House Oversight Committee is launching an investigation into US Postmaster General Louis DeJoy following reports that he reimbursed employees with for donating to GOP candidates, New York Rep. Carolyn Maloney told CNN in a statement Tuesday.
The Washington Post
reported Sunday that former employees of New Breed Logistics, a company previously run by DeJoy, say they were pressured to donate to the candidates and were then reimbursed through bonuses.
Maloney, chairwoman of the committee, said in a statement to CNN Tuesday that if the allegations are true, the postmaster general "could face criminal exposure -- not only for his actions in North Carolina, but also for lying to our Committee under oath."
"We will be investigating this issue, but I believe the Board of Governors must take emergency action to immediately suspend Mr. DeJoy, who they never should have selected in the first place," the Democrat said.
So while Congress investigates, I am not holding out hope that the partly Trump appointed Postal Service Board will suspend DeJoy or that AG Barr will launch a criminal investigation. But I do have hope that the North Carolina AG (who is a Democrat) might just have a State Grand Jury issue an indictment of DeJoy before the election.
Senate Intelligence Committee Trump/Russia Investigation —
Background — See my Aug 21 & 24 TICs.
Recent Developments — None.
New Developments — None.
Senate Homeland Security Committee Postal Service Investigation —
Background — See my Aug 21 & Sep 9 TICs
Recent Developments — None.
New Developments — None.
House Select Subcommittee on the Coronavirus Crisis —
Background — This Committee was born on the same day that the House passed CARES 3.5, by passage of H.Res. 938. As the name implies it will provide and coordinate oversight of the Trump Administration with regard to the Coronavirus Crisis. Also see my May 15 & Aug. 5 TICs for additional background.
Recent Developments — None.
New Developments - None.
House Judiciary Committee Barr Subpoena for Mueller Grand Jury Materials —
Background — Pre-Nov. 22 CLICK HERE. Nov. 22 to Jan. 30 CLICK HERE. Post Jan 30 CLICK HERE. Also, see my May 11 , 19, 20, June 5 & July 21 TICs.
Recent Developments — None.
New Developments — None.
House Judiciary Committee McGahn Subpoena —
Background — Pre-Nov. 22 CLICK HERE. Nov. 22 to Jan. 30 CLICK HERE. Post Jan 30 CLICK HERE. See my May 5 TIC for details on the April 28 DC Circuit Court (virtual) Hearing in this case. Also, see my Aug. 13 TIC.
Recent Developments — A three judge panel from the DC Circuit Court of Appeals deals Congress a (likely temporary) setback in the McGahn subpoena case. From the Lawfare Blog:
A divided panel on the U.S. Court of Appeals for the D.C. Circuit decided on Aug. 31 that the House of Representatives' lawsuit to enforce their subpoena against former White House counsel Don McGahn must be dismissed. The court found that the House’s Committee on the Judiciary lacks a cause of action to bring the suit because no statute gives the chamber authority to do so.
In a 2-1 ruling, the court held that the House lacks authority under the Constitution or federal law to seek judicial enforcement of a subpoena against an executive branch official. On behalf of the majority, judge Thomas Griffith—who is retiring from the court effective Sept. 1—wrote that the decision does not preclude Congress “from ever enforcing a subpoena in federal court; it simply precludes it from doing so without first enacting a statute authorizing such a suit.”
In a dissenting opinion, judge Judith Rogers wrote that the House’s ability to seek judicial enforcement of its subpoenas is implied in Article I of the constitution.
The decision comes after the full appeals court on Aug. 7 held that the House committee does have standing to seek enforcement of its subpoena. The en banc court remanded the case to the original three-judge panel to address whether the committee had a cause of action to bring its claim, among other matters.
I believe this is the same 3 Judge Panel of 2 to 1 Republican Judges who ruled against Congress the first time around and who were overruled by the Full en banc Court as stated above. Chances are that the Full Court will overrule the panel again. While I am not a lawyer, it seems ludicrous to me that every time Congress has to turn to the Judicial Branch to enforce a subpoena of someone in the Executive Branch they must first pass legislation to file such a suit Legislation that can be vetoed by the Chief Executive), as implied by the Panel’s ruling. You can read the whole JOKE decision at the end of the Lawfare Blog Article.
P.S. If you’re questioning why this case still matters, it’s because it will set an important precedent for all Congressional subpoenas of Executive Branch officials both pending and in the future.
New Developments — As expected, House Democrats have filed an appeal to have the Panel’s ruling heard before the Full en banc Appeals Court, per this CNN Report:
House Democrats asked a larger panel of judges on a powerful Washington, DC-based appeals court on Tuesday to review whether former White House counsel Donald McGahn must appear before a congressional committee and testify about President Donald Trump.
The filing is the latest chapter in a significant separation of powers dispute concerning whether federal courts can enforce legislative subpoenas against executive-branch officials.
In the new filing, House general counsel Douglas Letter argued that the opinion by the three judge panel "hamstrung the House's constitutional right to obtain information."
Letter said it was time for the full court "to resolve this matter so that the House can finally act upon its subpoena and obtain the information it requires to carry out its constitutional responsibilities."
But the case has ping ponged between a three judge panel of the court, and the full panel of judges. Previously, the same split panel of three judges said the House didn't have the ability to take the executive branch to court over a subpoena. But then the full appeals court disagreed, sending the case back to the same three judges.
If the trend persists, which seems highly likely, Congress is poised to win this appeal. What happens after that is anybody’s guess. Could get appealed again to SCOTUS or get bounced back to the 3 Judge Panel, but it’s unlikely that McGahn and the White House will just give up.
House Judiciary & Intelligence Committee News —
NOTE #1: This used to be the “House Intelligence Committee’s Whistleblower Investigation”. Then it was titled the “House Intelligence, & Judiciary Committees’ Impeachment Investigation”. Then it was titled the “House & Senate Impeachment Proceedings.” But since Trump’s first impeachment is over, I have changed the heading again.
Background — Pre-Nov. 22 CLICK HERE. Nov. 22 to Jan. 30 CLICK HERE. Post Jan 30 CLICK HERE. Also, see my May 11 TIC, June 5, 8, 11, 15 & July 22 TICs.
Recent Developments — None.
New Developments — Unless you live under a rock, by now you have already heard that we have another Whistelblower who has come forward from within DHS with his story on how the White House has been influencing intelligence on Russia’s actions to interfere in the U.S. 2020 elections. From POLITICO:
Top Trump appointees at the Department of Homeland Security repeatedly sought to censor or stop reports on Russian influence activities in the United States, according to a whistleblower report released by the House Intelligence Committee.
The report, filed by DHS official Brian Murphy, alleges that acting Secretary Chad Wolf, his predecessor Kirstjen Nielsen, and other senior DHS brass engaged in “a repeated pattern of abuse of authority, attempted censorship of intelligence analysis and improper administration of an intelligence program related to Russian efforts to influence and undermine United States interests.”
That pattern, Murphy alleged, stretched from March 2018 until last month. He claims he was retaliated against by Wolf, who “demoted” him to the role of assistant to the deputy under secretary for the DHS Management Division on Aug. 1.
Murphy, who had previously served as undersecretary for the Office of Intelligence and Analysis, filed the 24-page complaint on Sept. 8, alleging that he was instructed to halt the assessments because they were making “the president look bad.” The report was delivered by Murphy’s attorney, Mark Zaid, to the Intelligence Committee on Tuesday.
The report describes a series of additional alleged abuses and legal violations by current and former leaders, including Nielsen, Wolf and an acting deputy, Ken Cuccinelli.
Why am I not surprised! Of Course House Intelligence Committee Chairman Schiff is picking up this ball and running with it. Again from POLITICO:
House Intelligence Chair Adam Schiff has asked the Department of Homeland Security to make available a slew of high-level officials to testify about a recent whistleblower complaint alleging that DHS leaders sought to censor and water down evidence of Russian meddling in the United States’ election and of white supremacist violence.
In a three-page letter to DHS’ counsel, Schiff asked that attorneys for the whistleblower, Brian Murphy, be granted expedited security clearances so that Murphy may discuss concerns related to classified information about Russia when he appears before the panel for a deposition on Sept. 21.
Among the other officials Schiff intends to interview: Matthew Hanna, chief of staff in Murphy's former post at DHS' Office of Intelligence and Analysis; the office's top official, Horace Jen; DHS chief of staff John Gountanis; and his deputy, Tyler Houlton.
Also:
Schiff's request comes as the Senate Intelligence Committee, also in receipt of Murphy's complaint, has asked the department to produce all of the intelligence analyses that Murphy referenced in his complaint, as well as any notes and materials that fed into them. That letter, a bipartisan request from the panel's acting chair Sen. Marco Rubio (R-Fla.) and vice chairman, Sen. Mark Warner (D-Va.), seeks the documents by Sept. 18.
Chances that this will soon result in popcorn worthy Hearings seems high, unless Congress agrees to closed door sessions.
House Judiciary Committee Barr Whistleblowers (Berman & Others) —
Background — See my June 24, 25, 29, July 21, 22, 29, 30& Aug. 22 TICs.
Recent Developments — None.
New Developments — None.
House Judiciary & Intelligence Committee Flynn Subpoena —
Background — Pre-Nov. 22 CLICK HERE. Nov. 22 to Jan. 30 CLICK HERE. Post Jan 30 CLICK HERE. Also, see my May 11 , 12 , 13 , 14 , 15 , 19, 20, 27, June3, 5, 8, 11, 15, 18, 23, 29 , July 22, Aug. 4, 13 & 21 TICs.
Recent Developments — As you probably have already heard, a Federal Appeals Court has ruled against Flynn and the DoJ in the case to deny Trial Judge Emmet Sullivan from holding a Hearing on DoJ’s proposed dismissal of charges against Flynn and against the requested removal of Judge Sullivan from the case. From CNN:
A federal appeals court ruled Monday against Michael Flynn and the Justice Department in their request to quickly shut down his criminal case.
The 8-2 decision restores power to a judge to question the Justice Department's moves in the politically divisive case, when Attorney General William Barr dropped charges against President Donald Trump's former national security adviser earlier this year despite twice pleading guilty to lying under oath to lying to the FBI.
Previously, a group of three judges on the DC Circuit Court of Appeals court sided 2-1 with Flynn in ordering the lower court to toss his case. Monday's 8-2 decision by the full court reached the opposite conclusion.
The appeals court also declined to reassign Flynn's case to another trial judge, after Flynn's legal team accused Sullivan of becoming partial against Flynn.
Sullivan, who hired a lawyer to argue the case regarding his authority and asked for the full panel to hear it this summer, had taken those steps for sound legal reasons, at the invitation of the appeals court, and not because he had taken a side in Flynn's underlying case, the court said.
"Nothing about that participation created a reasonable impression of partiality, nor could it," the appeals court wrote in its opinion Monday.
It now looks highly likely that Judge Sullivan will get to hold his Hearing on the DoJ’s request to drop all charges against Flynn, charges which he twice plead GUILTY to. A Hearing that, if held, will probe into Barr’s REAL motives for dropping the charges and who else in the Executive Branch might have been involved in that decision. It will be interesting to see if Barr chooses to go through with this Hearing which could disclose the dirty laundry behind the DoJ decision, or rescind their request to drop the charges and let Sullivan sentence Flynn, possibly forcing Trump’s Pardon hand once again. Stay Tuned and keep your popcorn machine ready!
New Developments — Last week, retired Judge John Gleeson, appointed by Judge Emmet Sullivan to analyze the DoJ’s handling of the Flynn case, issued a court filing that amounted to opening a Can of Whoop Ass on Barr’s Department of IN-Justice. From CNN:
The Justice Department's decision to drop the criminal case against former Trump national security adviser Michael Flynn was a "corrupt and politically motivated favor," a former judge who was appointed to analyze the case said Friday in a new court filing.
John Gleeson's comments Friday include some of the sharpest rebukes of the Justice Department to date and directly accuse President Donald Trump's appointees of doing his bidding to protect Flynn merely because he is a political ally.
"In the United States, Presidents do not orchestrate pressure campaigns to get the Justice Department to drop charges against defendants who have pleaded guilty -- twice, before two different judges -- and whose guilt is obvious," Gleeson wrote.
"Yet that is exactly what has unfolded here," he added.
He reiterated his position that Judge Emmet Sullivan should reject the Justice Department's request to dismiss the case, and should move forward with Flynn's sentencing.
I can’t wait to watch Judge Sullivan’s Hearing in this case! You can read the Full Blistering Gleeson Court Filing
here, courtesy of CNN.
House Committees Subpoenas/Requests for Trump Banking/Financial Records & Taxes:
Background — Pre-Nov. 22 CLICK HERE. Nov. 22 to Jan. 30 CLICK HERE. Post Jan 30 CLICK HERE. Also, see my May 11 , 12 , 13, 14, July 22, 23, 29 & Aug. 4, 5, 7, 13, 22 & 24 TICs.
NOTE: In previous TICs, there were 3 separate topic threads (1. Deutsche/Capital One Bank Subpoenas, 2. Mazars’ Subpoena, and 3. Trump Taxes) covering 5 different court cases. Since they are all dealing with the same general topic (Trump’s hidden financial history) and were starting to get intertwined in my brain, I have rolled them all under the single header above to hopefully make things less confusing.
Also, to further help keep things organized, below are the five (5) ongoing court cases dealing with Trump’s Banking/Financial Records and tax returns.
1. Trump vs. Deutsche Bank and Capital One — Case brought by Trump against the the two banks in an effort to block a subpoena from the House Financial Services and Intelligence Committees for the Trump Organization’s banking records, including tax returns.
2. Trump vs. Mazars (Congressional Case) — Congressional Mazar’s case brought by Trump against Mazars (the Trump Organization’s former Accounting Firm) in an effort to block a subpoena from the House Oversight and Reform Committee for the Trump Organization’s financial records, including tax returns.
3. Trump vs. Vance (Criminal Case) — Case brought by Trump against against the Manhattan DA for Trump’s tax returns and other financial records. Trump is attempting to block a subpoena from the Manhattan DA to Mazars (the Trump Organization’s former Accounting Firm). The DA has subpoenaed these takes returns in conjunction with his criminal investigation of Trump’s hush money pay off to Stormy Daniels.
4. Congress vs. the IRS & Treasury Department (Trump’s Federal Tax Returns) — This case is a lawsuit brought by the House Ways & Means Committee against the IRS and Treasury Department for their failure to turn over Trump’s tax returns upon the Committee’s request as required BY LAW.
5. Trump vs. NYS Tax Department (Trump’s State Tax Returns) — This case is a lawsuit brought by Trump to block NYS from turning over his State tax returns to Congress.
I will use these case #s below to help keep things organized.
Recent Developments — Case #3 — Another delay in the Manhattan DA’s subpoena case for financial records from Trump’s former Accounting Firm, Mazars. According to CNN:
A three-judge panel on the 2nd US Circuit Court of Appeals said the court would hear oral arguments in the appeal on September 25, bringing the court's decision of the case into mid-fall and making a hand-over of the documents to the district attorney's office increasingly unlikely to happen prior to the presidential election.
Earlier Tuesday, the panel had heard oral arguments regarding Trump's motion to prevent the subpoena to his longtime accounting firm from going into effect while the appellate court decides the case.
An attorney for the Manhattan district attorney's office, Carey Dunne, told the panel that Trump's argument that the subpoena is overly broad is based on inaccurate assumptions about the investigation, namely that it's limited to an inquiry regarding hush-money payments made to women who alleged affairs with Trump during the 2016 presidential election. Trump has denied the affairs.
"No facts in the complaint support that inference," Dunne told the panel. He added that Trump couldn't know the scope of the investigation, because "what the grand jury's looking at is secret. We're not allowed to make that public."
A few things to keep in mind about this case:
A few important points that I will briefly cover:
1. Even if the DA does get Trump’s financial records from Mazars in a few weeks, they will not likely be made public before the election since Grand Jury proceedings are secret until an indictment is filed.
2. Remember this is more than the Stormy Daniels payoff. This is about Trump committing Bank Fraud and/or Tax Fraud by both under valuing properties on his tax returns and over valuing them on his Deutsche Bank loan applications. The DA already has the Deutsche Bank Records, now he just needs the taxes.
one.
New Developments — Case #3 — In a Court Filing last week, Trump’s lawyers did what they do best, Attack Judges. Per this story from The Hill:
President Trump’s lawyers issued a new legal filing Friday accusing a federal judge of “stacking the deck” against the president in a case to obtain his tax returns and other financial documents.
The lawyers asked the 2nd U.S. Circuit Court of Appeals to overturn a ruling from Judge Victor Marrero of the Southern District of New York that would allow Cy Vance, a New York district attorney, to obtain Trump’s records.
Vance has been working since August 2019 to obtain eight years of Trump’s personal and corporate tax returns. Trump's lawyers maintained that Marrero had improperly dismissed their arguments that Vance’s subpoena for the tax returns was too broad and politically motivated.
Keep in mind that:
The Supreme Court has already rejected Trump’s challenge to the subpoena on the argument that the president is immune from criminal probes, and Marrero last month dismissed the argument that Vance’s efforts are “wildly broad.”
Trump’s lawyers on Friday took issue with Marrero’s assertion that Trump was trying to “reargue presidential immunity” and specifically noted that Marrero wrote that the legal challenge should come to an end.
“The district court believed that this case should be over, that this case does not deserve to be in court, and that its resolution of the motion to dismiss was predetermined by its earlier rejection of the president’s immunity claim,” they wrote, saying the lower court “approached” the issue in the wrong manner.
We will see how this all plays out in the September 25 Hearing.
THAT’S IT FOR TODAY! STAY HEALTHY AND VOTE AS EARLY AS ALLOWED!