MANHATTAN (CN) — Calling on the parties to “sober up” and compromise, a federal judge issued a 24-hour hold Wednesday in the subpoena fight over President Donald Trump’s tax returns.
U.S. District Judge Victor Marrero issued the ultimatum at a hearing this morning, just hours before Trump’s accounting firm Mazars was set to see the subpoena by Manhattan District Attorney Cyrus Vance enforced at 1 p.m.
Hearkening back to the discovery fight in the 2018 Michael Cohen prosecution, Marrero indicated that he may soon appoint a magistrate to determine whether any of Trump’s materials are privileged should the standoff continue.
Assistant District Attorney Carey Dunne was critical of what he called a transparent delay tactic.
“The real game plan today, again looking for as much delay as possible, is to seek stays at every stage,” Dunne declared, predicting a string of stays and appeals all the way up to the Supreme Court.
"They are envisioning an at least month-long or longer process," he continued, predicting a goal to run out the statute of limitations. “So, I think that the stays we're talking about again mean they win, we lose, and I think it's just inappropriate.”
Though the details are shrouded in secrecy, Vance’s investigation is undoubtedly broad in scope, seeking eight years of Trump’s personal and corporate tax returns in connection with a criminal investigation into hush-money payments to adult film actress Stormy Daniels. A state grand jury continues to investigate the matter.
Taking privilege concerns to court has served Trump well in the past — he used a similar maneuver to stymie scrutiny from the House Oversight Committee, House Intelligence Committee, and attorneys general from Maryland and Washington.
Vance’s office has cast Trump’s litigation position as a “sweeping” assertion of executive power, creating a “tax return privilege” where none existed and a “blanket immunity” shielding not only the president but anyone in his orbit from the criminal process.
Trump's attorney William Consovoy played down the assertion as "temporary immunity" applying only to sitting presidents.
"That is a job for Congress through its impeachment power, if it so chooses to exercise it," Consovoy said of investigating crimes, depicting state investigations as a recipe for chaos.
If Vance sweeps up Trump in a criminal probe, Consovoy said: “All 50 states can do this.”
“That is untenable,” he added.
Playing down that position, Judge Marrero noted that history has not borne out Trump’s doomsday predictions about overzealous state prosecutors.
“In reality our country has been in existence since 1789,” Marrerro shot back. “How frequently has it happened that 50 states have conspired to somehow undermine the presidency? How likely is it that that might — scenario might occur?”