The Mercury News

Trump says subpoena for his tax returns is illegal ‘harassment’

- By Nicole Hong and Benjamin Weiser

NEW YORK >> President Donald Trump, in a new court filing seeking to block the Manhattan district attorney, Cyrus R. Vance Jr., from obtaining eight years of his tax returns, said Monday that the efforts amounted to illegal harassment.

The argument came in response to a filing last week by Vance’s office, which said prosecutor­s had a wide legal basis to subpoena the tax records and other financial documents. The office suggested it was investigat­ing the president and his company for possible bank and insurance fraud, a significan­tly broader inquiry than the prosecutor­s have acknowledg­ed in the past.

In their new filing, Trump’s lawyers questioned the true scope of the investigat­ion and wrote that even if Vance’s office was conducting a sprawling inquiry into financial crimes, the subpoena was still too broad.

“If anything, it shows that the district attorney is still fishing for a way to justify his harassment of the president,” Trump’s lawyers wrote.

They noted that the subpoena asked “for every document and communicat­ion related to the president and his businesses over about the last decade” and simply copied a congressio­nal subpoena seeking the same informatio­n.

The filing was the latest salvo in a nearly yearlong fight between Trump and Vance, a Democrat.

Vance issued the subpoena last August to Trump’s accounting firm, Mazars USA, seeking eight years of his personal and business tax returns and other financial records.

Until recently, the district attorney’s inquiry appeared

largely focused on hush-money payments made in the run-up to the 2016 presidenti­al election to two women who said they had affairs with Trump.

But in a court filing last week, Vance’s office suggested for the first time that its investigat­ion was focused on possible fraud. The office cited undisputed “public reports of possibly extensive and protracted criminal conduct at the Trump Organizati­on,” the president’s company.

The investigat­ion has been stalled by Trump’s repeated attempts to block the subpoena. He first sued last year, arguing that a sitting president was immune from criminal investigat­ion.

The case reached the Supreme Court, which last month ruled against Trump by a vote of 7-2.

“No citizen, not even the president, is categorica­lly above the common duty to produce evidence when called upon in a criminal proceeding,” Chief Justice John Roberts wrote for the majority.

But the decision opened the door for Trump to return to the lower court and raise other objections to the subpoena.

In a filing last month that

reopened the arguments, Trump’s lawyers said that Vance’s subpoena had been issued in bad faith and was “wildly overbroad.”

“The Mazars subpoena is so sweeping,” Trump’s lawyers wrote, “that it amounts to an unguided and unlawful fishing expedition into the president’s personal financial and business dealings.”

A senior official in Vance’s office recently told the judge overseeing the proceeding­s, Victor Marrero of U.S. District Court in Manhattan, that the tax returns were “central evidence” in its investigat­ion.

The New York Times reported that last year Vance’s office also had issued a separate subpoena to Deutsche Bank, the president’s longtime lender, seeking records that Trump and the Trump Organizati­on provided to the bank when he sought loans. The bank complied with the request, The Times reported.

Should Vance obtain the president’s tax returns, they are not likely to become public in the foreseeabl­e future. They would be shielded by grand jury secrecy and might only surface if charges were later filed and they were introduced as evidence in a trial.

 ?? ANDREW HARNIK — THE ASSOCIATED PRESS ?? President Donald Trump arrives for a news conference in the James Brady Press Briefing Room at the White House on Monday.
ANDREW HARNIK — THE ASSOCIATED PRESS President Donald Trump arrives for a news conference in the James Brady Press Briefing Room at the White House on Monday.

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