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NEWS SEPTEMBER 7, 2020 ¦ 11

in the Second Circuit after a dis- arguing that Trump would be
trict court judge dismissed his harmed by the production of any
arguments that the subpoena is documents prior to a ruling on
overbroad and was issued in bad Attorneys for Trump and the merits.
faith. Manhattan District Attorney
Dunne, meanwhile, has ar-
Attorneys for the District Attor- Cyrus Vance Jr. are set to gued that the DA’s office has been
ney’s Office have cited the secrecy make their arguments harmed because its investiga-

of grand jury proceedings in re- on the merits of the case tion has stalled in the year since

fusing to detail the nature of the Sept. 25, the circuit panel Trump sued Vance and his ac-
investigation that led to the sub- decided in a one-page order counting firm, Mazars USA, over
poena, which covers eight years the subpoena.
and five categories of Trump’s fi- issued hours after hearing Tuesday marked the lawsuit’s
nancial documents, including tax arguments on the stay.
second appearance in the Sec-
returns. They have argued that ond Circuit. In fall 2019, a panel
white-collar investigations typi- of judges including Katzmann
cally involve similar subpoenas. ruled against Trump’s argument
During oral arguments Tuesday morning, that presidents were immune from state criminal
Walker appeared skeptical of the breadth of the investigation. The U.S. Supreme Court agreed in a
subpoena. He asked Carey Dunne, general coun- 7-2 ruling in July but allowed Trump to bring more
sel to the DA’s office, a series of questions about specific objections to the subpoena in the Southern
how overbreadth would be established; Dunne ar- District of New York.
gued that grand jury subpoenas are entitled to a ¦

presumption of validity. Jane Wester is a litigation reporter for the New
The issue of irreparable harm was another point York Law Journal. Email her at [email protected]
of contention Tuesday morning, with Consovoy or find her on Twitter @janewester.

Musician Eddy Grant Sues Trump Over
Unauthorized Use of ‘Electric Avenue’

By Tom McParland
The lawsuit, filed Tuesday in Manhattan federal the duration of the video, along with “out-of-context
court, said that President Donald Trump and excerpts” from the former vice president’s speeches
his campaign had refused to remove the 55-sec- and interviews, the suit said. Trump’s tweet remains
ond video, despite repeated warnings that it was an available on Twitter and had been retweeted more
“unauthorized use” of Grant’s famous recording. than 138,000 time as of Tuesday afternoon.
The video, which Trump posted to his personal “Despite plaintiffs having sent defendants a letter
Twitter account Aug. 12, features a high-speed ani- the very next day objecting to defendants’ infringe-
mated train bearing the words “Trump Pence KAG ment and demanding the removal of the infringing
2020,” while a likeness of Democratic presidential video and that defendants refrain from further in-
nominee Joe Biden trails behind, operating a slow- fringing plaintiffs’ copyrights, and despite numerous
moving handcar. comments on Mr. Trump’s August 12, 2020 tweet
“Electric Avenue,” meanwhile, begins playing at linking to articles reporting on the infringement, de-
the 15-second mark and can be heard throughout
¦ Continued on PAGE 12

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