DONALD Trump’s tax returns could be released after a court ruled in favour of a probe into alleged hush-money payments to porn star Stormy Daniels.
The President’s legal team will appeal the decision made by judges that handing over the documents would not affect his Trump’s role, as he claimed.
The judges at New York’s 2nd U.S. Circuit Court of Appeals said that presidents dating back to the “early days of the republic” had complied with the legal process.
They added that the last three presidents released their tax returns voluntarily and so Trump had no reason not to, in their decision on Monday.
Trump previously invoked a privilege to keep the documents private and now the clash will move to the US Supreme Court for a final showdown.
Of the nine justices who sit on that court five are them are conservatives, including two who Trump appointed himself.
ALLEGED HUSH-MONEY PAYMENTS
The current ruling will allow Manhattan District Attorney’s Office to issue a subpoena for the returns from the President’s accounting firm Mazars LLP.
District Attorney Cyrus R. Vance Jr wants the documents to ascertain whether money was paid to two women who claimed to have had affairs with Trump.
Both alleged payments took place before the 2016 presidential election.
It’s claimed that adult actress Ms. Daniels, real name Stephanie Clifford, was paid $130,000 (£100,000) in hush money.
The second woman, ex-Playboy model Karen McDougal was allegedly paid $150,000 (£116,000) to keep quiet.
TRUMP DENIES BOTH CLAIMS
Trump has consistently denied the allegations, despite his personal lawyer Michael Cohen pleading guilty to having knowledge of Ms Daniel’s payments in August.
They want to ascertain whether the money, allegedly used to pay-off the two women, was taken from campaign finances or from his personal funds.
If records of the payment do or do not exist it could clarify whether the alleged affairs happened one and for all.
(The subpoena) is unlikely to impair the President in performing the duties of his office.
Part of the verdict by three judges in Manhattan 2nd US Circuit Court of Appeals
Judges in Manhattan whose judgment was revealed today stated: “We note that the past six presidents, dating back to President Carter, all voluntarily released their tax returns to the public.”
They said that the release “is unlikely to impair the President in performing the duties of his office.”
The issue raised in this case go to the heart of our Republic.
Jay Sekulow, Donald Trump's attorney
Trump’s attorney Jay Sekulow said: ‘The decision of the Second Circuit will be taken to the Supreme Court.
“The issue raised in this case go to the heart of our Republic.
“The constitutional issues are significant.”
Compliance does not require the President to do anything at all.
Part of the verdict from the Manhattan judges
The judges wrote that the documents being released would not physically impede Trump’s day-to-day responsibilities.
“The subpoena at issue is directed not to the President, but to his accountants; compliance does not require the President to do anything at all,” they added.
As part of the proceedings, judges reviewed documents as far back as the establishment of the republic.
They hoped to illustrate that presidents of the past were not immune from judicial process, so Trump should not be either.
PREVIOUS PRESIDENTS COMPLIED
“Over 200 years ago, Chief Justice Marshall, sitting as the trial judge in the prosecution of Aaron Burr, upheld the issuance of a subpoena duces tecum to President Jefferson,” they wrote.
Duces Tecum was a reference to when a person was ordered to bring something to present to the court.
Trump’s previous lawyer William Consovoy told judges that the President was immune from state criminal law – even if he shot someone – because of his role.
I could stand in the middle of Fifth Avenue and shoot somebody and I wouldn’t lose any voters.
Donald Trump, after the 2016 election
In 2016, while on the campaign trail, Trump said: “I could stand in the middle of Fifth Avenue and shoot somebody and I wouldn’t lose any voters.”
This was brought-up by Judge Denny Chin who said: “What’s your view on the 5th avenue example?
“Local authorities couldn’t investigate, they couldn’t do anything about it?”
Mr Consovoy replied: “Once a president is removed from office, any local authority – this is not a permanent immunity.”
This referred to the point that once Trump leaves office he could face prosecution.
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Judge Chin replied: “Nothing could be done. That’s your position?”
‘That is correct,’ Consovoy replied.