They are investigating Trump's businesses wrt NY state tax crimes. No pardon if he's found guilty of those.

Is it just that the state court is IN the area covered by SDNY? Is the SDNY doing anything?

TlalocW

The underlying criminal matter is in the state court and is being prosecuted by the Manhattan DA, Cy Vance. That's why there can't be a pardon.

being taken by Cyrus Vance, the Manhattan District Attorney. As I understand it.

The federal court refused. The federal appeals court upheld the refusal. Per SCOTUS, the case now goes back to the original federal court for further proceedings. Although the State of New York issued the subpoena, the courts of the state have nothing to do with the matter at this stage. The issue is being litigated in federal court.

Last edited Thu Jul 9, 2020, 12:54 PM - Edit history (1)

In 2019, the New York County District Attorney’s Office—acting on behalf of a grand jury—served a subpoena duces tecum on Mazars USA, LLP, the personal accounting firm of President Donald J. Trump, for financial records relating to the President and his businesses. The President, acting in his personal capacity, sued the district attorney and Mazars in Federal District Court to enjoin enforcement of the subpoena, arguing that a sitting President enjoys absolute immunity from state criminal process under Article II and the Supremacy Clause. The District Court dismissed the case under the abstention doctrine of Younger v. Harris, 401 U. S. 37, and, in the alternative, held that the President was not entitled to injunctive relief. The Second Circuit rej ected the District Court’s dismissal under Younger but agreed with the court’s denial of injunctive relief, concluding that presidential immunity did not bar enforcement of the subpoena and rejecting the ar- gument of the United States as amicus curiae that a state grand jury subpoena seeking the President’s documents must satisfy a height- ened showing of need. (Emphasis added).

In other words, this isn’t a State Court Prosecution. Rather, Trump moved in federal court to stop the NY District Attorney from subpoenaing his records based on his purported privilege/immunity as President. This presented a federal question and conferred subject matter jurisdiction on the SDNY.

If Vance later needs to enforce the subpoena, he would go to State Court. Likewise, any prosecution — and there will likely be one after Trump is out of Office — would be in State Court.

The decision is at https://www.scotusblog.com/wp-content/uploads/2020/07/19-635_o7jq.pdf

Thanks for the replies all.

TlalocW

Basically both weakened Trump then kicked him back to lower courts, one in NY and one Federal.

the same rights we do...not super rights and that part was unanimous I believe...And that means Vance will get the documents...after Trump attempts to stop it using the same means you or I might. As for the Congressional court, it was also sent back to the lowers courts. Trump won nothing.