New York prosecutors, looking to gain access to President Donald Trump's tax returns, are highlighting the Justice Department's apparent refusal to support Trump’s attorneys' claims that he is immune from the state-run criminal justice process, Politico is reporting.
The Manhattan District Attorney's office drew attention to the disagreement in court papers filed Tuesday. A federal appeals court is considering a lawsuit brought by Trump to block a subpoena to one of his accounting firms.
"Given the DOJ's own recent investigations, prosecutions, and convictions involving Appellant and his affiliates, including the prosecution of Michael Cohen, in which Appellant was referenced as an unindicted co-conspirator, the DOJ cannot (and does not) join in Appellant's claim to an absolute immunity," the district attorney's office wrote. "Appellant's aggressive immunity claim here is particularly hollow in view of his failure to raise it in these recent investigations and prosecutions."
The Justice Department, while raising "significant constitutional questions" did not join with Trump lawyers in arguing that a sitting president is immune from the state system, according to Politico.
District Attorney Cyrus Vance Jr. had subpoenaed personal and corporate tax returns from 2011 to 2018 from the president’s longtime accounting firm Mazars USA, as part of a criminal probe into Trump and his family business.
The court is scheduled to hear arguments on Trump's appeal next week.
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