Trump can’t be prosecuted, his lawyer tells appeals panel

Judge: Even if he shot someone on 5th Ave.? Attorney: ‘Correct.’

NEW YORK — A federal appeals panel Wednesday expressed skepticism that President Donald Trump had a right to block state prosecutors in Manhattan from enforcing a subpoena that sought his personal and corporate tax returns for the last eight years.

The judges on a three-member panel in Manhattan peppered a lawyer for Trump with questions, expressing skepticism about the president’s argument that he was immune from criminal investigation. A lower court judge earlier this month rejected Trump’s claim, which has not previously been tested in the courts.

Carey Dunne, the Manhattan district attorney’s general counsel, cited the president’s famous claim that he could shoot someone on Fifth Avenue without losing political support.

“Would we have to wait for an impeachment proceeding to be initiated?” he said.

Later, Judge Denny Chin posed the Fifth Avenue hypothetical to William S. Consovoy, a lawyer for Trump.

“Local authorities couldn’t investigate? They couldn’t do anything about it?” Chin asked, adding: “Nothing could be done? That’s your position?”

“That is correct. That is correct,” Consovoy said.

The panel did not immediately indicate when it would issue a ruling.

A deal struck with the district attorney’s office will allow the president time to seek a speedy review of the appellate ruling in the Supreme Court on the condition that he ask that the court hear the case in its current term, which ends in June.