TRUMP v. VANCE

Docket No. 19-3204 August Term, 2019

941 F.3d 631 (2019)

Donald J. TRUMP, Plaintiff-Appellant, v. Cyrus R. VANCE, Jr., in his official capacity as District Attorney of the County of New York, Mazars USA, LLP, Defendants-Appellees.

United States Court of Appeals, Second Circuit.

Decided: November 4, 2019.


Attorney(s) appearing for the Case

William S. Consovoy , Consovoy McCarthy PLLC, Arlington, VA ( Cameron T. Norris , Consovoy McCarthy PLLC, Arlington, VA; Patrick Strawbridge , Consovoy McCarthy PLLC, Boston, MA; Marc L. Mukasey , Mukasey Frenchman & Sklaroff, New York, NY; Alan S. Futerfas , Law Offices of Alan S. Futerfas, New York, NY, on the brief), for Plaintiff-Appellant.

Carey R. Dunne , General Counsel ( Christopher Conroy , Solomon Shinerock , James H. Graham , Sarah Walsh , Allen J. Vickey , Assistant District Attorneys, on the brief), for Defendant-Appellee.

Joseph H. Hunt , Assistant Attorney General ( Hashim M. Mooppan , Deputy Assistant Attorney General; Mark R. Freeman , Scott R. McIntosh , Gerard Sinzdak , Attorneys, on the brief), United States Department of Justice, Washington, DC, for Amicus Curiae United States of America, in support of Plaintiff-Appellant.

Before: Katzmann, Chief Judge, Chin and Droney, Circuit Judges.


This case presents the question of when, if ever, a county prosecutor can subpoena a third-party custodian for the financial and tax records of a sitting President, over which the President has no claim of executive privilege.2 The District Attorney of New York County has issued a grand jury subpoena...

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