Executive Power

Latest in Executive Power

Executive Power

New York District Attorney Files Brief in Supreme Court Case Seeking Access to Trump’s Financial Records

New York District Attorney Cyrus Vance filed a brief to the Supreme Court in the case seeking the enforcement of a grand jury subpoena for President Trump’s financial records as part of an investigation into potential financial and tax-related crimes. The brief argues that the president’s Article II immunity extends only to official acts and provides no immunity for private conduct, and that “immunity from investigation for private conduct runs counter to precedent, the structure and operation of the Constitution, and the bedrock principle that no person is above the law.”

Executive Power

Federal Judge Rules Trump Cannot Spend Emergency Funds on Border Wall

A judge in the U.S. District Court for the Western District of Texas ruled that President Donald Trump's border wall emergency proclamation, which gave the adminstration the ability to use funding for other activities to pay for construction of the border wall, was unlawful. The ruling also permanently enjoined the heads of the Department of Defense, the Department of Homeland Security, the Department of the Interior and the Treasury Department from using emergency construction funds for the wall other than those appropriated by Congress in the 2019 Consolidated Appropriations Act.

Executive Power

Trump Asks Supreme Court to Hear Manhattan Tax Returns Case

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

Executive Power

D.C. Circuit Court Denies Trump Rehearing in Mazars Case

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

Executive Power

Second Circuit Rules Mazars Must Hand Over Trump Tax Returns to New York Prosecutors

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.

Executive Power

Justice Department Filing in New York Trump Tax Returns Case

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.

Intelligence Oversight

What the Latest Reports Say About the Whistleblower Complaint

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.

Executive Power

New Filings in President Trump’s Lawsuit against Manhattan District Attorney

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.

Executive Power

The Future of War Is Unilateral but Small

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.

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