This merits a new post. Trump is almost out of runway here. [See today’s prior posts, for background.]

Unless Trump gets a stay from the United States Supreme Court by Thursday, August 27,2020… the subpoena will be returnable from Mazars to the NY AG’s office, with immediate effect.

As the Second Circuit’s order makes plain, below — the arguments won’t even be heard until September 1, 2020 — in the ordinary course. So Trump’s only hope is the Supremes. The agreed adminsitrative stay in the trial court expires at 5 PM EDT on August 27. Of course, since it is a grand jury subpoena, only the prosecutor and the grand jury will see the documents… unless and until an indictment is unsealed. Here’s the late afternoon order out of the Second Circuit:

…Appellant, President Donald J. Trump, moves for a stay pending appeal and an administrative stay of the district court’s dismissal of his challenge to the Mazars subpoena.

To the extent Appellant seeks an immediate administrative stay, that request is DENIED.

The motion for a stay pending appeal shall be heard before a three-judge panel on Tuesday, September 1, 2020. Appellees’ opposition to the motion must be filed by 5 p.m. on August 27, 2020, and Appellant’s reply, if any, must be filed by 5 p.m. on August 31, 2020….

Hmm. Seems… he is, in fact, a mere mortal, after all… smile. Onward, into a starry weekend outdoors, ahead.

नमस्ते

Ever predictable — even after being directly instructed by at least three separate courts… that the proper way to object to a criminal (felony) grand jury subpoena is to move to quash… Trump persisted in bringing a separate civil suit — in the federal courts, to… claim damages. Erh… Right.

As so many have said — that is not “how the actual law works,” in a criminal matter, when an impartial grand jury of one’s peers has clearly decided that probable cause exists. . . to call this guy (Trump) a felony suspect, here.

So it is, that Trump has moved, on an emergency basis, no less, for a second time (at least — honestly, I’m losing count), to ask a federal appellate court to decide that the ordinary rules of criminal procedure… should somehow not apply to him — in a “garden variety” felony bank and tax fraud case.

It seems that Team Trump cannot understand the phrase “the law of the case” — that is, this question has been asked and decided — all the way to the US Supreme Court — against him. One cannot continually re-litigate, as supposedly new emergencies — matters one has lost upon. Repeatedly.

I’ll attach Trump’s filing, in the Second Circuit from this morning — but in fair play — I quote the brief filed by Cy Vance’s office, from the last time he lost, in the trial courts, in Manhattan, below (so we don’t get hood-winked by Team Trump, as to what the law actually is):

Now you know. He will lose here. Bank on it — out for a sun dappled bike ride, by the cool clear big lake waters now… smiling.

UPDATED @ 3 PM EDT on Friday: The trial court, for its part, has just now DENIED any stay (beyond the seven day stay already agreed to, by Cy Vance’s office). So now it is only the Second Circuit that might temporarily delay the execution of the subpoena, thus: “…The Court will deny the Motion for substantially the same reasons it denied the President’s request for injunctive relief in the [prior] Order. Indeed, in that Order the Court thoroughly addressed and rejected the President’s claim that disclosure of his financial records to the District Attorney would cause him irreparable harm. The President now relies on largely the same cases, but as the Court explained in its [prior] Order, these cases do not pertain to ongoing criminal investigations, let alone investigations by grand juries who are sworn to secrecy….

Unlawful grand jury disclosure is a felony under New York law. N.Y. Penal Law Ann. § 215.70 (McKinney 2019). Thus, unlike in the cases cited by the President, denying the request will not moot an appeal by causing the public disclosure of any information or documents….”

The collar, on 45’s neck, is tightening, on bank fraud felony exposures… day by fateful day.

नमस्ते