Trump called the Supreme Court decision “political prosecution.”
on July 9 struck down Trump’s argument that a sitting president “enjoys absolute immunity from state criminal process” with a 7-2 vote, meaning he could be investigated by a state prosecutor while in office and subpoenaed.
The Supreme Court decision made it clear that Trump has “the right to challenge the subpoena on any grounds permitted by state law” and, in a jointConsovoy listed several potential arguments, including that the subpoena was motivated by a “desire to harass” or retaliate against Trump, that it would impede his ability to carry out his job and that Trump’s team should have more insight into the basis of the subpoena.
In the same filing, Manhattan District Attorney Cyrus Vance Jr.’s lawyer Carey Dunne argued that the judge “has already found that there was no demonstrated bad faith, harassment, or any other unusual circumstances” and that “except in extreme cases, the law does not permit the recipient of a grand jury subpoena to conduct discovery into the bona fides or motivations behind such a subpoena, and nothing in the Supreme Court’s decision suggests that this President should be able to do so here.
The Manhattan District Attorney’s office urged Marrero to make a decision quickly due to “continuing concerns about the potential loss of critical evidence and expiration of statutes of limitations” if the subpoena is delayed andto hold a hearing on Thursday to discuss a schedule for further arguments, but he is not expected to rule on the merits of either side’s position on the subpoena at that time.
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