Interesting.njbill wrote: ↑Tue Sep 01, 2020 2:57 pmNo. I agree.MDlaxfan76 wrote: ↑Tue Sep 01, 2020 2:32 pmSeems to me that it makes some sense for them to allow the temporary stay, given that they'll hear and presumably decide the issue on the merits soon (Might have been better if they set the date for next week though). I'd think they already know what they're likely to rule on the merits as the issues have been so fully litigated already, so the stay, while perhaps frustrating, may be a fair procedural ruling to preserve at least the possibility that they could rule with Trump and, thus, release would not have been appropriate.njbill wrote: ↑Tue Sep 01, 2020 2:17 pm The Second Circuit grants Trump a stay.
The court set oral argument on the merits for September 25.
I’m surprised he got a stay. The vagaries of litigation as they say.
https://lawandcrime.com/high-profile/fe ... x-returns/
Or do I misunderstand?
I haven’t studied the DA’s case(s) against Trump in depth, but as I understand it, one of the key statutes of limitations is five years. If they are focusing on the Stormy Daniels payment, I don’t think that was made until the fall of 2016. Any information relating to that payment would have been included on tax returns filed the following October (Trump always gets extensions). So, at least for this issue, I don’t think the prosecutor is running into any statute issues at the moment.
While the DA has a pretty good argument that he could simply destroy or return any documents produced if Trump ultimately wins, it certainly is the safer approach in ensuring that nothing gets out to stay matters for three weeks.
The stay ruling today was decided by a three judge panel made up of one judge appointed by HW, one by Clinton, and one by Obama.
Let’s assume this panel rules against Trump on the merits following the September 25 oral argument. Let’s assume the decision comes out within a week (although it could certainly take much longer).
Trump could then seek en banc review and a stay from the full Second Circuit. Or he could go straight to the Supreme Court.
The fact that two judges appointed by Democratic presidents were willing to grant a stay today suggests to me that Trump might have some success down the road (or up the judicial ladder) in getting additional stays as long as the statute of limitations is truly not implicated.
Now, the DA could be looking into other charges for which the statute is close to running. I think that could perhaps change the complexion of things.
Then you have Vance’s agreement not to indict Trump while he is president. So what does Vance do if Trump wins reelection and the statute is starting to come up on some of the crimes for which Vance decides to indict him? Sealed indictments? I think they would toll the statute, but I am not sure.
I think they're asking for the prior 8 years of tax returns, so not exclusively focused on Stormy, for sure.