Supreme Court won’t halt turnover of Trump’s tax records

Agencies
February 23, 2021

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Washington, Feb 23: In a significant defeat for former President Donald Trump, the US Supreme Court has declined to step in to halt the turnover of his tax records to a New York state prosecutor.

The court's action on Monday is the apparent culmination of a lengthy legal battle that had already reached the high court once before.

Trump's tax records are not supposed to become public as part of prosecutors' criminal investigation, but the high court's action is a blow to Trump because he has long fought on so many fronts to keep his tax records shielded from view. The ongoing investigation that the records are part of could also become an issue for Trump in his life after the presidency.

In a statement, the Trump blasted prosecutors and said the Supreme Court never should have let this fishing expedition' happen, but they did. The Republican claimed the investigation is politically motivated by Democrats in a totally Democrat location, New York City and State. And he said he would fight on and that We will win!

The Supreme Court waited months to act in the case. The last of the written briefs in the case was filed on October 19. But a court that includes three Trump appointees waited through the election, Trump's challenge to his defeat and a month after Trump left office before issuing its order.

The court offered no explanation for the delay, and the legal issue before the justices did not involve whether Trump was due any special deference because he was president.

The court's order is a win for Manhattan District Attorney Cyrus Vance Jr, who has been seeking Trump's tax records since 2019 as part of an investigation.

Vance, a Democrat, had subpoenaed the records from the Mazars accounting firm that has long done work for Trump and his businesses. Mazars has said it would comply with the subpoena, but Trump sued to block the records' release.

Vance's office had said it would be free to enforce the subpoena and obtain the records in the event the Supreme Court declined to step in and halt the records' turnover, but it was unclear when that might happen. In a three-word statement on Monday, Vance said only: The work continues.

The court's action on Monday wasn't the only defeat for Trump, the court also declined to get involved in a handful of cases related to the 2020 election.

The records Vance has been after are more than eight years of Trump's personal and corporate tax records. Vance has disclosed little about what prompted him to seek them. In one court filing last year, however, prosecutors said they were justified in demanding the records because of public reports of possibly extensive and protracted criminal conduct at the Trump Organisation.

Part of the probe involves payments to two women porn actress Stormy Daniels and model Karen McDougal to keep them quiet during the 2016 presidential campaign about alleged extramarital affairs with Trump. Trump has denied the affairs.

In July, the justices in a 7-2 ruling rejected Trump's argument that the president is immune from investigation while he holds office or that a prosecutor must show a greater need than normal to obtain the tax records.

Justices Neil Gorsuch and Brett Kavanaugh, whom Trump nominated to the high court, joined that decision. It was issued before Trump's third nominee, Justice Amy Coney Barrett, replaced the late Justice Ruth Bader Ginsburg on the court.

As part of its July decision, the high court returned the Vance case and a similar case involving records sought by Congress to lower courts. And the court prevented the records from being turned over while the cases proceeded.

Since the high court's ruling, in the Vance case, Trump's attorneys made additional arguments that his tax records should not be turned over, but they lost again in federal court in New York and on appeal. It was those rulings that Trump had sought to put on hold.

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News Network
March 22,2024

The Enforcement Directorate on Friday produced Delhi Chief Minister Arvind Kejriwal before the Rouse Avenue court and sought a 10-day custody in the excise policy-linked money laundering case. "Kejriwal was the kingpin of the scam," the ED reportedly told the court after the AAP chief was produced before Special Judge Kaveri Baweja around 2 pm amid tight security. 

ASG S V Raju was appearing for the agency, while Senior Advocate Abhishek Manu Singhvi is representing Kejriwal. 

Raju in his argument said Kejriwal was "directly involved in formulation of the (liquor) policy... he was involved in handling of proceeds of crime as well in the Goa election campaign."

"The expert committee was constituted but it was a sham committee. The policy was made in such a manner that it would enable the taking of bribes and recoupment of people who gave the bribes," the ED counsel said. 

Kejriwal was produced in the trial court shortly after he withdrew from the Supreme Court his plea against arrest by the Enforcement Directorate in the excise policy-linked money laundering case. Kejriwal's counsel said he would contest the remand proceedings before the trial court and then come back to the apex court with another petition.

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News Network
March 28,2024

New Delhi: After India summoned an American diplomat over their remarks on the arrest of Delhi Chief Minister Arvind Kejriwal in the liquor policy case, the US reiterated on Wednesday its call for "fair, transparent, timely legal processes".

We continue to follow these actions closely, including the arrest of Delhi Chief Minister Arvind Kejriwal, said US State Department Spokesperson Matthew Miller while responding to questions on India summoning Gloria Berbena, the US Acting Deputy Chief of Mission in New Delhi.

The meeting at the foreign ministry's South Block office lasted nearly 40 minutes yesterday with India objecting strongly to the US remarks on the arrest of Mr Kejriwal.

Miller also responded to a question on the Congress party's frozen bank accounts, saying, "We are also aware of the Congress party's allegations that tax authorities have frozen some of their bank accounts in a manner that will make it challenging to effectively campaign in the upcoming elections."

He said the US encourages "fair, transparent and timely legal processes" for each of these issues.

"With respect to your first question, I'm not going to talk about any private diplomatic conversations, but of course, what we have said publicly is what I just said from here, that we encourage fair, transparent, timely legal processes. We don't think anyone should object to that," he said.

Mr Kejriwal was arrested last week by the Enforcement Directorate (ED), the third Aam Aadmi Party (AAP) leader after Manish Sisodia and Sanjay Singh to be taken into custody in connection with the alleged liquor policy scam.

The US State Department on Tuesday said it is monitoring reports of Mr Kejriwal's arrest and called on New Delhi to ensure "a fair and timely legal process" for the jailed Chief Minister.

India objected to it and warned of "unhealthy precedents".

"States are expected to be respectful of the sovereignty and internal affairs of others, and this responsibility is even more so in case of fellow democracies. It could otherwise end up setting unhealthy precedents," the foreign ministry said.

"India's legal processes are based on an independent judiciary which is committed to objective and timely outcomes. Casting aspersions on that is unwarranted," the ministry stressed.

The US remarks came days after Germany's Foreign Office stressed that Mr Kejriwal is entitled to a fair and impartial trial. The Indian government had reacted strongly and summoned the German envoy, labelling their remark "blatant interference in internal matters".

The excise policy was introduced to bring an overhaul to the liquor business in Delhi, but was scrapped after Lieutenant Governor VK Saxena ordered a probe into the alleged irregularities in the policy. The ED believes the bribe money from the policy was allegedly used for funding the AAP's election campaigns. It has also called Mr Kejriwal a "conspirator" in the case.

His arrest just ahead of the 2024 Lok Sabha election has also prompted furious protests from the opposition camp.

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News Network
March 18,2024

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New Delhi, Mar 18: The Election Commission on Monday afternoon issued orders for the removal of six Home Secretaries - including the top bureaucrats from Gujarat, Bihar, and Uttar Pradesh.

The poll panel also directed the transfer of West Bengal's Director-General of Police, the top cop of a state that has seen several instances of poll-related violence in recent years. The poll panel further said a shortlist of three potential replacements had to be prepared and submitted by 5 pm.

The re-shuffle, not an uncommon move by the Election Commission before major polls, also includes the transfer of the Jharkhand, Himachal Pradesh, and Uttarakhand Home Secretaries, as well as senior officials attached to the offices of the Mizoram and Himachal Pradesh Chief Ministers.

In addition, Iqbal Singh Chahal, who is Commissioner of the Brihanmumbai Municipal Corporation, and other officials in municipalities across Maharashtra, have been removed too.

All of this comes less than a month before the 2024 Lok Sabha poll; the ECI on Saturday said voting will begin on April 19 and run over seven phases till June 1.

This is, in fact, the first bureaucratic re-jig by the ECI since it announced polling dates.

The ECI's move comes after a meeting of Chief Election Commissioner Rajiv Kumar and his two associates, the newly-appointed Gyanesh Kumar and Sukhbir Singh Sandhu. This step comes as part of the poll panel's commitment to ensure a level playing field for all political parties in the forthcoming Lok Sabha and Assembly elections, as well as by-polls for 26 seats in 13 states.

Sources said the personnel removed were found to be holding dual charge in the offices of the respective chief ministers of each state, and this could compromise, or be seen to be compromising, required neutrality, particularly in relation to law-and-order before, during and after polling.

Bengal's ruling Trinamool has not yet reacted to the removal of DGP Rajiv Malik, who is seen by some to be close to Chief Minister Mamata Banerjee's party. In the past, the state government has questioned the last-minute re-shuffle of senior civil service and police officials so close to an election, arguing it actually hampers prep work since the new faces need time to adjust to the post.

Bengal has frequently witnessed violence during polling season; in June last year over a dozen people were killed across the state as voting for a panchayat election was underway.

The Trinamool accused the opposition of instigating violence and criticised central forces for their failure to protect voters, while the Congress claimed the state had let thugs loose on the people.

While announcing the dates on Saturday, the Chief Election Commissioner said the poll panel would take a very dim view of any violence during the election. Mr Kumar said the ECI is prepared to come down hard on any such incident. "We're putting political parties on notice," he declared.

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