There was a big win today for President Trump and the Constitution in the 2nd Circuit Court of Appeals.
Today on the show we discussed the 2nd Circuit’s stay of Judge Victor Marrero’s seventy-five page ruling that the President had to turn over his tax returns and why this is a victory for both President Trump and the Constitution. President Trump’s legal team immediately filed an appeal of Judge Marrero’s ruling and were granted the stay within minutes. That just shows how clearly unconstitutional the rule really was.
As I told our radio audience, regardless of whether I’m wearing my ACLJ hat or my lawyer for the President hat, this is a major win for the Constitution.
As ACLJ Senior Counsel and Director of Policy, Harry Hutchison explained:
“It is clear beyond question that this decision is a big win for President Trump, particularly coming out of the 2nd Circuit. The 2nd Circuit has enjoined a District Court order enforcing a subpoena with respect to his tax returns. This decision is hugely instrumental and instructive. In essence, the 2nd Circuit Court of Appeals issued a decision that is consistent with the Constitution and this decision informs every District Attorney in every district in America that they are subject to the United States Constitution. In other words, there is no license for District Attorney’s to go on a fishing expedition in support of a political agenda.”
So everyone understands how this case started, the New York County District Attorney, Cy Vance issued a subpoena for President Trump’s tax returns. The way our constitutional order is set up, that issue of a county district attorney being able to subpoena a sitting President raises very serious Supremacy Clause and Federalism issues for the Constitution.
That would mean every political opponent of a President could start an investigation in their county. That would create havoc. If you look at our history, this idea that you’d be able to go after a President in this way was repugnant to the very institutional basis that our country was set up on.
Stays are not easy to get. ACLJ Senior Counsel Skip Ash added:
“It is an extraordinary remedy. Whenever you go to a Court and ask for a stay you are asking for something extraordinary. It is amazing that it happened within minutes. You had this huge seventy five page opinion and the 2nd Circuit granted the stay.”
The whole country can be proud of this. These were major constitutional issues being raised in this case, including Separation of Powers, among other things.
ACLJ Senior Counsel CeCe Heil further explained:
“That it [the stay] happened so quickly, what this tells you is that they didn’t even have to read a seventy five page opinion to know that this was wrong. What the lower court did was wrong, before even reading that.”
We will fight for the Constitution, period. Whether it is in cases like this or out in Northern California, where lawyers for the ACLJ are in court again today, standing up for life and the First Amendment against Planned Parenthood.
When issues of the Constitution are at stake, the ACLJ is front and center.
You can listen to the entire episode here.
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