Tuesday 23 February 2021

Donald Trump's tax returns can be turned over to New York prosecutors, US Supreme Court rules.

Extract from ABC News

By Emily Olson in Washington DC, wires

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Donald Trump talks to reporters.
Former US president Donald Trump will have to turn his tax records over to a New York prosecutor.(AP: Evan Vucci)

In a significant defeat for former president Donald Trump, the United States Supreme Court declined to halt the turnover of his tax records to a New York prosecutor.

The court's action is the culmination of a lengthy legal battle that had already reached the nation's highest court once before.

Mr Trump's tax records will not become public as part of the prosecutor's criminal investigation, but the court's action is a blow to Mr Trump, who long fought on so many fronts to keep his tax records shielded from view.

The ongoing investigation into Mr Trump's business dealings has taken on new significance now that he's left office.

The US Department of Justice stipulates that sitting presidents cannot be indicted. Former presidents can.

Mr Trump has denied claims of wrongdoing in his business deals, calling the investigation "a fishing expedition" and "a continuation of the witch hunt - the greatest witch hunt in history".

Supreme Court waited three months to issue a ruling

The Supreme Court waited three months to issue a ruling on the tax returns, prompting speculation that the nine justices — including three Trump appointees — sought to avoid the appearance of election influence.

The court offered no explanation for the delay. The legal issue before the justices did not involve whether Mr Trump was due any special deference because he was president.

The court's order is a win for Manhattan District Attorney Cyrus Vance Junior, who has been seeking Mr Trump's tax records since 2019 as part of an investigation into alleged hush money payments.

Cyrus Vance speaks into a microphone in front of a brown background.

The decision is a win for New York prosecutor Cyrus Vance Junior.(AP: Rick Bowmer)

A lawyer for Mr Trump, Michael Cohen, paid porn actress Stormy Daniels and model Karen McDougal to keep quiet during the 2016 about alleged extramarital affairs with Mr Trump, who has repeatedly denied the affairs.

Court documents suggest that Mr Vance may be investigating the extent to which Mr Trump engineered the payments. His office is now free to enforce the subpoena and obtain the records, which they'll review in secret.

The case is likely to go before a grand jury to determine whether Mr Trump can be indicted.

Trump facing several investigations

Mr Vance has disclosed little about what prompted him to request the records.

In one court filing last year, however, prosecutors signalled they may expand their investigation based on the contents of the records, citing public reports of "possibly extensive and protracted criminal conduct at the Trump Organization".

The New York investigation is just one of several Mr Trump is known to be facing.

Earlier this month, a prosecutor in Atlanta announced a investigation into whether the former President's pressure on state officials to overturn the election results amounted to criminal conduct.

Mr Trump is also the defendant in at least one civil litigation suit. US Representative Bennie Thomas, chairman of the House Homeland Security Committee has sued Mr Trump, arguing that his leading up to the riot at the US Capitol on January 6 violates federal law.

Mr Trump was impeached for his role in the riot, but not convicted by the US Senate, with the chamber's Republican minority arguing there was no constitutional basis for the trial.

Justice Department officials, who are also investigating the riot, have said they don't anticipate laying charges against Mr Trump, but they added that their work was ongoing.

Meanwhile, Mr Trump's allies are facing defamation suits and calls for sanctioning in a lawsuit campaign designed to establish financial and legal consequences for repeating false claims about the election.

Mr Trump's culpability for the January 6 riot is likely to remain a top issue for debate as these cases play out.

Less than an hour after the Supreme Court issued its ruling on Mr Trump's tax returns, it quashed one of the final efforts from the former president's team to overturn the election result.

The 6-3 ruling described the legal challenge, issued by Republicans in Pennsylvania, as "moot".

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