“It has a feeling of excess width,” said Walker, an appointed and first cousin of the late President George HW Bush.
Despite the July Supreme Court ruling unanimously rejecting Trump’s claims of absolute immunity from such criminal investigations during his tenure, Walker insisted that the statement continued to advocate and demand “heightened respect due to the President” necessarily careful review “.
During the telephone argument, Walker also questioned Vance’s need to track information from overseas, although Manhattan-based prosecutors have long valued her ability to leverage New York̵
“It just seems to me that it’s really very wide. … You ask [about] Activities in Europe and Dubai and so on. You’re a prosecutor in New York – specifically New York County, ”Walker said.
Vance General Counsel Carey Dunne said it was common for the DA office to investigate suspected misconduct in business relationships worldwide.
“It’s not unusual about our office to ask about companies outside of the state or from overseas. New York City is a center of global trade, “said Dunne.” We are responsible for many international financial activities. “
The other two judges on the jury – Clinton-appointed Robert Katzmann and Obama-appointed Raymond Lohier – gave fewer indications of their views on the content of the Trump legal team’s arguments.
However, there seemed to be at least some openness among the judges in giving Trump’s attorneys time to fully clarify the legal issues before the appeals court on an expedited basis, which could take most of a month.
At the end of the roughly 30-minute discussion session, Katzmann said the panel would make a decision on the president’s application for residence by the end of the day.
Walker’s views may ultimately only be of little consequence for the time of the fall. Although he is on the jury to decide whether or not to be granted residence, he may not be one of the three judges who are supposed to rule on the merits of Trump’s appeal.
If Trump doesn’t get relief from the 2nd circuit, his lawyers have already announced that they will take the dispute to the Supreme Court for a second time. This could result in judges facing a politically sensitive urgency request from the president just weeks or even days before election day.
While such a delay seems an obvious target for the president’s lawyers, Consovoy on Tuesday insisted that his side not attempt to delay the trial.
“In this case, we always accepted the expedited review and not resisted it,” he said.
Vance issued a subpoena a year ago for documents held by Trump-affiliated financial institutions as well as overseas subsidiaries. Trump’s team initially claimed the president would be exempt from such demands as long as he remained in office. However, that argument was brought before the Supreme Court, which denied his claim to “absolute immunity”.
However, the judges ruled that Trump could oppose the subpoena for other, largely more conventional reasons, which sparked another, faster round of trials.
Within a few days, Trump’s team renewed its reasoning in the federal district court, arguing that the subpoena was a fishing expedition abroad issued for political purposes. Lower court judge Victor Marrero said the new claims had no value and quickly ruled in Vance’s favor and threw out Trump’s lawsuit. But the appeals court appears ready to put the brakes on again.
Dunne told the three-judge panel that Consovoy’s new allegations about the subpoena were bogus and Trump’s legal team had failed to provide evidence to support malicious allegations, he said. Further delays affected the prosecution’s ability to prosecute potential crimes.
Dunne also stressed how the prosecutor’s office has repeatedly signaled in court files over the past few weeks that the bureau’s investigation is not limited to investigating the so-called hush money payments made in 2016 to women who appear to be considering sexual links with Trump to claim.
“We have tried all along to demonstrate in accordance with the secrecy of the grand jury, and I can now state in court that each of the categories of documents that were sought is directly relevant to an item of our investigation, and most importantly, almost all of them these issues have already been identified in public reports as examples of possible corporate violations, ”said the prosecutor’s attorney.
Dunne said Trump had shown no inappropriateness on the part of the Vance office and that “the burden is not being placed on the prosecutor” to justify all aspects of the subpoenas just because Trump objected.
Lohier said he was concerned that Trump’s ability to pursue his grievances would result in large juries at all levels becoming “entangled in civil litigation.”
Consovoy said, however, that challenges to the grand jury’s trial in federal court are and will remain a rarity, but that Trump, as president, has the right to try the matter before federal judges. “I don’t think this is the usual situation,” said Trump’s lawyer.