Trump could shoot someone and not be criminally charged until he leaves White House, his lawyer says

Photo by Jonathan Ernst | Reuters

That claim by William Consovoy, Trump’s attorney, came as he urged the U.S. Second Circuit Court of Appeals in Manhattan to reverse a lower-court decision, which had allowed a subpoena for Trump’s personal and corporate income tax returns that was issued by state grand jury at the behest of the Manhattan District Attorney’s office.

Consovoy argued that the subpoena is invalid because a president, while in office, is immune not only from federal prosecution, as the Justice Department has said, but also cannot be legally prosecuted or even criminally investigated by any law enforcement agency, be it federal or state.

That claim by William Consovoy, Trump’s attorney, came as he urged the U.S. Second Circuit Court of Appeals in Manhattan to reverse a lower-court decision, which had allowed a subpoena for Trump’s personal and corporate income tax returns that was issued by state grand jury at the behest of the Manhattan District Attorney’s office.

Carey Dunne, general counsel for the DA’s office, told the panel of three appellate judges that state prosecutors should be allowed to investigate potential crimes by a sitting president.

When he was asked if Trump could be prosecuted for such a blatant crime, Consovoy said, “This is not a permanent immunity.”

The lawyer said a president could be charged for a shooting after he left or was removed from office.

But Judge Denny Chin pressed Consovoy: “I’m talking about while in office.”

“Nothing could be done? That’s your position?” Chin asked.

Consovoy replied: “That is correct.”

Dunne, the DA’s general counsel, said, “We would dispute there is an absolute blanket immunity” for the president when it comes to criminal investigations.

Chief Judge Robert Katzmann said, “This case seems bound for the Supreme Court.”

Dunne replied, “I think both sides see this as an inevitability, your honor.”

Article URL : https://www.cnbc.com/2019/10/23/trump-tax-return-subpoena-case-argued-in-federal-appeals-court.html

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