A federal judge in New York on Monday decided to reject the immunity argument against criminal proceedings that the president of the United States, Donald Trump, alleged after receiving a subpoena from the Manhattan Prosecutor to deliver his tax returns.
In the 75-page document delivered in the South District Court of the city, Judge Víctor Marrero rejects "such a categorical and unlimited assertion of presidential immunity"and considers that" it would constitute an abuse of executive power. "
Trump has appealed on Monday the decision, which occurs after the Prosecutor's Office issued an order in August for the Mazars accounting firm to give him Trump's personal and corporate income tax returns in the past eight years, so that the president filed a complaint.
The Prosecutor asked Mazars for these documents, which he kept the accounts of both Trump and the Trump Organization, as part of an investigation he conducts about secret money payments to porn actress Stormy Daniels taking into account New York state legislation.
Trump's lawyers denounced at the end of September the Manhattan district attorney, Cyrus Vance, and Mazars, and alleged that as president of the US, Trump "is not subject to criminal proceedings," so they alleged, The requirement for tax returns was "unconstitutional."
Judge Marrero rejected on Monday those arguments with which Trump blocked the delivery of his tax returns to the Prosecutor's Office since, he said, his immunity would be "virtually unlimited" until he left office and would extend to "all conduct executed as an ordinary citizen, during and before" entering the White House.
As a consequence, the possibility opens up that Mazars, who according to the judge has declared that he is not "positioned" in the matter, can deliver the documents to the Prosecutor's Office, but the emergency appeal of Trump's lawyers to that judicial decision, this morning, will imply further delays in the process.
Trump is the first president since Gerald Ford (1974-1977) who does not publish his tax return every year, a tradition that his predecessors considered part of his duty of transparency and accountability to the people.