Wednesday, October 23, 2019

BIG THREAD: Good morning from New York. Trump's subpoena fight with Manhattan DA Vance heads to the Second Circuit this morning at 10 am EST, and then the arraignment of Giuliani's associates Lev Parnas and Igor Fruman start at 11:30 am EST.



The Trump attorney making the arguments is William Consovoy. Chin: Your position, as you said moments ago, is that the immunity is absolute. Consovoy agrees.
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Chin continues that if the president commits a crime, "no matter how heinous," even if it occurred before his term in office, no prosecutor could even investigate it? Consovoy again answers in the affirmative.
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Chin points out that the opening-of-the-floodgates were made in Clinton v. Jones, and that has not come to pass. Consovoy: "History will judge" whether those making those warnings were "correct on that."
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Consovoy calls DA Vance's subpoena a "photocopy" of congressional subpoenas, and he claims Trump didn't intervene in the SDNY investigation because that one was handled "appropriately."
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ADA Carey Dunne up now for Vance. "The appellant's counsel told us bluntly that he would never, ever agree to release [Trump's] tax returns."
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Katzmann addresses Trump's claim that the "subpoena copies the congressional subpoenas which relate to the Washington, D.C. hotel." Dunne: The simple reason for relying on the text form the congressional subpoena... to make it easier on the accounting firm to obtain same [docs]
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Replying to
Katzmann: Does your office commit to preserving the confidentiality of the [responsive documents]? Dunne: "Yes, we do," and they would be bound by law not to share with Congress, for example. He adds: "There is no privilege for tax returns."
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Dunne: "They're making this up, your honor. That's all I can say."