Latest in Executive Power
The Millard Fillmore administration’s diplomatic machinations toward Hawaii are a curious example of the executive branch regarding itself as constitutionally empowered to threaten war but constrained from unilaterally carrying out that threat.
On Nov. 14, President Trump petitioned the Supreme Court for a writ of certiorari to hear a case involving Manhattan District Attorney Cyrus Vance's subpoena to Trump's accounting firm Mazars for the president's tax returns. The petition filed by the president, a brief in opposition from Vance and an amicus curiae brief from the solicitor general are available below.
Petition for Writ
The U.S. Court of Appeals for the D.C. Circuit has denied President Trump's petition for a rehearing en banc in Donald J. Trump v. Mazars, LLP et al. The order was issued per curiam with Judges Karen Henderson, Gregory Katsas and Neomi Rao dissenting. The court also denied a motion for a panel rehearing. Both orders can be view below.
Denial of Rehearing En Banc
Federal judges in the United States Court of Appeals for the Second Circuit ruled that President Trump’s accounting firm, Mazars USA LLP, must hand over eight years of financial documents pursuant to a subpoena filed by Manhattan District Attorney Cyrus Vance, Jr. The court held that presidential immunity from state criminal processes should not extend to investigative steps. The ruling can be found here and below.
The U.S. Attorney’s Office for the Southern District of New York (SDNY) filed a statement of interest in the case involving President Trump’s challenge to Manhattan District Attorney Cyrus Vance Jr.’s subpoena for the partial release of Trump’s tax returns. The brief argues that the case ought to be resolved in federal as opposed to state court.
More information is coming out in the media about the whistleblower complaint that Acting Director of National Intelligence (DNI) Joseph Maguire blocked the inspector general of the intelligence community (ICIG) from transmitting to the congressional intelligence committees. If the speculation is accurate, Maguire’s actions, and the legal defense of those actions by Office of the Director of National Intelligence (ODNI) General Counsel Jason Klitenic, may have a firmer legal foundation than has so far been apparent.
The U.S. District Court for the Southern District of New York released a series of documents revealing that President Trump is suing both Manhattan District Attorney Cyrus Vance Jr. and the accounting firm Mazars over an attempt to obtain his tax returns. The complaint filed by lawyers of Trump suggests the request is unconstitutional since a sitting President cannot be criminally investigated. The court documents can be found here and below.
Recent moves and countermoves by the U.S. and Iran in the Persian Gulf over the past few months have increased speculation about the prospect of war in the region. Some members of Congress, including a few Republicans, have stated that the president cannot use military force against the Islamic Republic without the approval of the legislature.
In the past two decades, the United States has applied a growing number of foreign and security measures directly targeting individuals—natural or legal persons. Administrative agencies have taken the lead in designing and implementing these measures. Empowered by delegations from Congress and the president, agencies largely control related fact-finding, target selection, routine management and administrative review of individualized measures.
President Trump filed a lawsuit against the House Committee on Ways and Means, New York State’s attorney general and the state’s tax commissioner on Tuesday, to block the release of multiple years of his state tax returns. Trump filed this suit “in his capacity as a private citizen” after the Ways and Means Committee sued the Treasury Department for his tax returns.