President Donald Trump is once again using his toady Attorney General Bill Barr to weaponize the Department of Justice in an effort to ensure that he is above the law, even when it comes to state investigations.
As we all know, the DOJ says that federal prosecutors cannot indict a sitting president, but presidents can still be investigated, which is what Manhattan District Attorney Cy Vance is doing right now in the state of New York. Recently, Vance issued a subpoena seeking Trump’s tax returns as part of his probe into Trump’s hush money payments to adult film star Stormy Daniels. Trump is already known as “Individual 1” in court documents identifying him as the co-conspirator who directed Michael Cohen to commit the campaign finance felonies.
Obviously, Trump is desperately trying to hide his tax returns from Congress and the American people because there is likely damning information within. He even filed a lawsuit using his own personal lawyers in an effort to block the subpoena. Now Trump is going even further by having Barr intervene via the Southern District of New York filing a statement of interest in the case.
Basically, Barr is trying to exercise the Supremacy Clause of the Constitution to kill the investigation, which Trump could then repeat in any other state where he is being investigated for any little thing by arguing that he is above the law.
Former SDNY federal prosecutor Joyce Vance explained the scheme on Twitter:
1/ The SDNY has filed a statement of interest in the Trump v. Vance (no kin, Manhattan DA Vance) case. Trump filed this case in federal court after Vance sought his taxes using a grand jury subpoena. He’s asked for a temporary restraining order. https://t.co/bxDG3eUGES
— Joyce Alene (@JoyceWhiteVance) September 25, 2019
2/ The US Atty cites statutory authority to “to attend to the
interests of the US in [any] suit pending in a court of the US.” That’s interesting, because this is a case Trump filed to keep Manhattan DA from getting his taxes; to keep the grand jury from investigating him.— Joyce Alene (@JoyceWhiteVance) September 25, 2019
3/The Southern District says it may want to assert “that Article II, the Supremacy Clause, and the structure of the Constitution
preclude subjecting a sitting President to state criminal process, including grand jury
subpoenas directed at the President or his agents.” pic.twitter.com/CCfBfXZAGX— Joyce Alene (@JoyceWhiteVance) September 25, 2019
4/ I can’t recall, as a US Atty, trying to block a fellow prosecutor in my state from proceeding with a grand jury investigation. Yes, DOJ policy is that DOJ can’t indict a sitting POTUS. This week DOJ is willing to argue he can’t even be investigated. And now, that they…
— Joyce Alene (@JoyceWhiteVance) September 25, 2019
5/ believe the Constitution prohibits a state prosecutor from investigating or indicting a sitting president. If SDNY intervenes, it will be to insure Trump remains above the law & his taxes can’t be reviewed like those of any other citizen under investigation. pic.twitter.com/utK4utroiG
— Joyce Alene (@JoyceWhiteVance) September 25, 2019
6/ Because this is confusing, Here’s the cliff notes: Trump filed a law suit using his own lawyers to keep Manhattan DA from getting his taxes for use in a criminal investigation. Now DOJ/SDNY says it’s thinking about intervening in the case to argue in Trump’s favor.
— Joyce Alene (@JoyceWhiteVance) September 25, 2019
Of course, now that Trump is being impeached, Congress can use impeachment inquiry powers to force Trump to hand over his taxes as part of the investigation. After all, Trump may have some financial interests in Ukraine that lawmakers would find very interesting, especially if they are connected to Russian oligarchs.
Clearly, even though the president is not supposed to be immune from investigations, Trump is trying to do exactly that. The Department of Justice has become nothing more than his personal defense firm and is no longer acting in the best interests of the United States. Not only should Trump be impeached, but Congress should also impeach Barr as well.
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