Page 10 - CLT072020

10 ¦ JULY 20, 2020 NEWS

¦ From TRUMP on PAGE 9
The ruling opened the door for Trump to “raise
subpoena-specific constitutional challenges, in ei-
ther a state or federal forum,” Chief Justice John
Roberts Jr. wrote.
In a joint letter to Senior U.S. District Judge Victor
Marrero, who heard the case last fall, Trump attorney
William Consovoy of Consovoy McCarthy agreed
to the DA’s request to expedite proceedings so the
amended complaint will have a deadline of July 27.
The complaint, Consovoy wrote, will include
“some or all” of four categories of argument: that the President Donald Trump speaks in the Oval Office of the
subpoena is too broad or otherwise not properly tai- White House in June. AP Photo.

lored; that it is motivated by bad faith or a desire to Vance may file a motion to dismiss before the
harass the president; that it is meant to manipulate discovery process begins, Consovoy acknowledged.
the president’s policy decisions or retaliate against Dunne will have a deadline of Aug. 3 to answer
him for his acts in office; or that the amended complaint or move
compliance would impede his against it, according to the joint
constitutional duties. letter, and in the event of a mo-
Manhattan District Attorney’s tion, briefing would be completed
Office General Counsel Carey The Supreme Court ruling by Aug. 14.
Dunne argued that Marrero has opened the door for Trump
already rejected similar arguments to “raise subpoena-specific Dunne argued that the Supreme
from Trump. Dunne echoed Rob- constitutional challenges, Court did not suggest discovery
would be appropriate in the case.
erts’ reference to the 1807 ruling in either a state or federal “Even if the President were able
in United States v. Burr, in which forum,” Chief Justice John to file a sufficient amended plead-
presidents were found to stand “in Roberts Jr. wrote. ing, discovery into the District
nearly the same situation with any Attorney’s motives would be high-
other individual” as to their pri- ly irregular and inappropriate,” he
vate papers. wrote.
“The President’s proposal at- On Wednesday, Dunne also
tempts to elide that standard; indeed, it expressly asked the Supreme Court to enter its formal judg-
invites this Court to conduct a heightened-scru- ment without delay, explaining that the ongoing
tiny inquiry drawn from the concurring opinion grand jury investigation involves “numerous indi-
that was utterly rejected by the majority decision,” viduals and entities ... in which time is of the essence.”
Dunne wrote. Issues with statutes of limitation could arise “in
Consovoy quoted from Associate Justice Brett the near future,” Dunne wrote.
Kavanaugh’s concurring opinion to emphasize why As was the case in 2019, the president’s accounting
discovery will be needed later in the case. Lower firm Mazars, which is the recipient of the grand jury
courts will have to “begin by delving into why the subpoena, has taken no position in the case. Attorneys
State wants the information; why and how much the from Wilson Elser Moskowitz Edelman & Dicker en-
State needs the information, including whether the tered their appearances for Mazars this week.
State could obtain the information elsewhere; and ¦

whether compliance with the subpoena would un- Jane Wester is a litigation reporter for the New
duly burden or interfere with a President’s official York Law Journal. Email her at [email protected]
duties,” Kavanaugh wrote. or find her on Twitter @janewester.

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