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Mon Nov 11, 2019, 01:54 PM

Trump can't sue New York State in DC federal court to stop release of tax returns, judge says

Source: cnn

A federal judge has decided that President Donald Trump can't sue New York state officials in a Washington, DC, court, at this time to stop the release of his tax returns.

The case is one of many where Trump or his administration have asked federal judges to intervene before House Democrats obtain Trump's financial records. In this case, Trump had sued New York state and the House to stop Congress from requesting his tax returns under a new New York state law. Congress hasn't yet requested the tax returns under the law.
It's possible Trump could file a similar lawsuit with another court, such as in New York, or later in an attempt to prevent the request from Congress.
The judge in Monday's decision, Carl Nichols, is a Trump appointee to the federal bench in Washington.

Read more: https://www.cnn.com/2019/11/11/politics/donald-trump-tax-returns/index.html

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Reply Trump can't sue New York State in DC federal court to stop release of tax returns, judge says (Original post)
Gothmog Nov 11 OP
lagomorph777 Nov 11 #1
Marthe48 Nov 11 #24
Jim__ Nov 11 #2
oldsoftie Nov 11 #10
bitterross Nov 11 #33
dewsgirl Nov 11 #3
The Velveteen Ocelot Nov 11 #7
mountain grammy Nov 11 #29
The Velveteen Ocelot Nov 11 #31
Gothmog Nov 11 #4
The Velveteen Ocelot Nov 11 #5
Gothmog Nov 11 #14
defacto7 Nov 11 #17
Foolacious Nov 11 #20
The Velveteen Ocelot Nov 11 #22
LiberalFighter Nov 11 #23
The Velveteen Ocelot Nov 11 #25
onenote Nov 11 #36
lark Nov 11 #6
The Velveteen Ocelot Nov 11 #8
cstanleytech Nov 11 #18
The Velveteen Ocelot Nov 11 #27
cstanleytech Nov 11 #28
The Velveteen Ocelot Nov 11 #30
oldsoftie Nov 11 #9
mgardener Nov 11 #11
dmr Nov 11 #12
ProfessorGAC Nov 15 #41
cstanleytech Nov 11 #19
turbinetree Nov 11 #13
The Velveteen Ocelot Nov 11 #15
LiberalFighter Nov 11 #35
pwb Nov 11 #16
BuffaloJackalope Nov 11 #21
doc03 Nov 11 #26
Pepsidog Nov 11 #32
Gothmog Nov 11 #34
onenote Nov 11 #37
Botany Nov 12 #38
Gothmog Nov 12 #39
Gothmog Nov 15 #40

Response to Gothmog (Original post)

Mon Nov 11, 2019, 01:57 PM

1. "The judge in Monday's decision, Carl Nichols, is a Trump appointee"

Whoah. Amazing!

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Response to lagomorph777 (Reply #1)

Mon Nov 11, 2019, 04:10 PM

24. ha-ha-ha-ha-ha

<breath> ha!

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Response to Gothmog (Original post)

Mon Nov 11, 2019, 01:58 PM

2. A Trump appointee - that should really piss Trump off.

I can hear him now, "I appointed him. He's supposed to be working for me."

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Response to Jim__ (Reply #2)

Mon Nov 11, 2019, 02:50 PM

10. He says that about Obama appointees, so i imagine he WILL say that. nt

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Response to Jim__ (Reply #2)

Mon Nov 11, 2019, 04:51 PM

33. No doubt he's fuming, that "HIS" judge didn't show loyalty.

Oh, to be a fly on the wall when he hears this.

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Response to Gothmog (Original post)

Mon Nov 11, 2019, 02:04 PM

3. Not just any judge, a Trump appointed judge. I was

just about to post this.

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Response to dewsgirl (Reply #3)

Mon Nov 11, 2019, 02:15 PM

7. It doesn't make any difference who the judge was or who appointed him

because it was a dismissal without prejudice on procedural grounds, not on the merits.

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Response to The Velveteen Ocelot (Reply #7)

Mon Nov 11, 2019, 04:41 PM

29. It matters to Trump..

and I'm sure he has no understanding of the nuances. He appoints judges to work for him.

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Response to mountain grammy (Reply #29)

Mon Nov 11, 2019, 04:43 PM

31. That's probably true.

He's likely to have a hissy fit no matter how carefully the lawyers explain the situation to him.

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Response to Gothmog (Original post)

Mon Nov 11, 2019, 02:08 PM

4. Mr. Trump has not met his burden of establishing personal jurisdiction

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Response to Gothmog (Reply #4)

Mon Nov 11, 2019, 02:12 PM

5. ... which is Civil Procedure 101.

He must be recruiting lawyers from billboards and late-night TV ads. Even Saul Goodman wouldn't make a mistake like that. Why would he want to file in DC instead of New York anyhow - did he think he'd get more sympathetic judges?

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Response to The Velveteen Ocelot (Reply #5)

Mon Nov 11, 2019, 03:40 PM

14. Yep

The opinion brought back memories from law school

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Response to The Velveteen Ocelot (Reply #5)

Mon Nov 11, 2019, 03:49 PM

17. Not that I know anything about law, I don't,

but is filing in the wrong court a delaying tactic or is the process of acquiring his taxes plowing through in spite of this?

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Response to defacto7 (Reply #17)

Mon Nov 11, 2019, 03:56 PM

20. Looks like a delaying tactic. N/T

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Response to defacto7 (Reply #17)

Mon Nov 11, 2019, 04:03 PM

22. I don't think it was meant as a delaying tactic so much as that they'd hoped

to get a more sympathetic judge in DC. The case should properly be have been brought in a New York state court since it involves a New York state statute. But Trump's lawyers probably think New York state court judges might be tougher on him than a DC federal judge. That court has at least some Trump appointees (including the one who decided this case), while of course the New York court has none.

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Response to The Velveteen Ocelot (Reply #5)

Mon Nov 11, 2019, 04:08 PM

23. Who says it was a mistake?

His lawyers probably trying to milk him.

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Response to LiberalFighter (Reply #23)

Mon Nov 11, 2019, 04:11 PM

25. They're probably not getting paid as it is, so I doubt they want to do any more work

than they have to do. Also, deliberately filing in the wrong court when they know it's the wrong court just to milk a client is a good way for a lawyer to get slapped with sanctions.

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Response to The Velveteen Ocelot (Reply #5)

Mon Nov 11, 2019, 07:53 PM

36. He filed in DC because he wanted the case to be assigned to the same judge

who is hearing the case regarding the Ways and Means Committee's demand that the IRS turn over Trump's federal returns (Trevor McFadden) as a "related case." In July, that request was considered and denied by McFadden (also a Trump appointee) at which point the case was randomly assigned to another judge.

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Response to Gothmog (Original post)


Response to lark (Reply #6)

Mon Nov 11, 2019, 02:19 PM

8. No, that's not it at all. The judge dismissed the case without prejudice,

which means it can be filed again somewhere else. The judge didn't say anything about the merits of the case, only that it was brought in the wrong court because the DC court didn't have personal jurisdiction over the other parties (the acts in question had been done in New York and the other parties live in New York). So the case can be refiled in a New York court alleging the same claims.

It really helps to read the order before opining on what it means.

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Response to The Velveteen Ocelot (Reply #8)

Mon Nov 11, 2019, 03:53 PM

18. Isn't taking it to the federal courts at all misplaced?

After all this is an issue of the state seeking it not the feds so shouldn't it be in the state courts?

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Response to cstanleytech (Reply #18)

Mon Nov 11, 2019, 04:25 PM

27. The federal court in DC had federal subject matter jurisdiction because

the House Ways and Means Committee is one of the named defendants. However, the New York state officials (the other defendants) based their argument on a New York state statute, so the judge said the case could be brought in a New York state court, and in any event the DC court didn't have personal jurisdiction over the NY defendants because all of the acts giving rise to the lawsuit, as well as the tax officials, occurred in New York. The House committee was named as a defendant only because the statute authorizes the release of the tax returns to that committee - it wasn't an active participant in the lawsuit.

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Response to The Velveteen Ocelot (Reply #27)

Mon Nov 11, 2019, 04:30 PM

28. So is it likely to actually see the inside of a federal court or should it stay in the state courts?

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Response to cstanleytech (Reply #28)

Mon Nov 11, 2019, 04:42 PM

30. I'm guessing it will go to a state court, but

I read somewhere that they might not refile. Not sure.

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Response to Gothmog (Original post)

Mon Nov 11, 2019, 02:49 PM

9. It would seem, at some point, that SOME followers would wonder why he's fighting SO hard.

I mean, i understand the whole "If you're not doing anything illegal you have nothing to worry about" line that we always hear from pro-police people regarding the cops doing illegal searches, but this has gotten beyond ridiculous.

He doesnt want his followers to see that he doesnt make nearly the money he says he is

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Response to oldsoftie (Reply #9)

Mon Nov 11, 2019, 02:55 PM

11. Or from whom

He borrowed money from.
Or if he pays any income tax at all.

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Response to mgardener (Reply #11)

Mon Nov 11, 2019, 03:39 PM

12. All of the above, and then some.

I imagine he has much to hide, and is probably hiding some things from people he has lied to over the years. Maybe from people who could or would do him harm.

Yup, I think he's got some skeletons he's afraid of getting out.

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Response to mgardener (Reply #11)

Fri Nov 15, 2019, 02:55 PM

41. Or If His Fortune Is Fraudulent

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Response to oldsoftie (Reply #9)

Mon Nov 11, 2019, 03:55 PM

19. Considering most of them have to be spoon-fed the answers to stuff I kind of doubt they're going to

suddenly start asking questions on their own.

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Response to Gothmog (Original post)

Mon Nov 11, 2019, 03:39 PM

13. Hey traitor get on your B757-200 and fly to Russia because we the public are going to find out how

big the criminal enterprise your aligned with, how your a cheat and fraud, and how you are linked with every other criminal organization in the world, that has been doing this crap since the first despot came on the scene .................

You do realize there traitor, that in my opinion the US supreme court will not take this case....................its about states rights that your side always harps on.....................you defrauded New York with help from your family with over 400 million in taxes that you and everyone in your family did not pay................this doesn't even include the Stormy Danial's crap you pulled...................

I really hope they confiscate the plane......................first so that you can't fly out.....................and then Air Force One..........................

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Response to turbinetree (Reply #13)

Mon Nov 11, 2019, 03:45 PM

15. The range of a 757-200 is just a bit shy of the distance between DC and Moscow.

It might run out of gas. That would be too bad.

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Response to The Velveteen Ocelot (Reply #15)

Mon Nov 11, 2019, 06:16 PM

35. Don't tell Trump that.

Make sure that there aren't any qualified people to pilot the jet.

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Response to Gothmog (Original post)

Mon Nov 11, 2019, 03:45 PM

16. Finally his money and lawsuits are being challenged.

Not many of trumps suits could fight back, he doesn't know what to do?

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Response to Gothmog (Original post)

Mon Nov 11, 2019, 03:57 PM

21. Imagine Prof Kingsfield dressing down Trump's lawyer

 

Last edited Mon Nov 11, 2019, 06:18 PM - Edit history (1)

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Response to Gothmog (Original post)

Mon Nov 11, 2019, 04:17 PM

26. So now does he take it

to his SCOTUS?

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Response to Gothmog (Original post)

Mon Nov 11, 2019, 04:45 PM

32. Sounds like an interesting law school exam question regarding jurisdiction and venue.

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Response to Gothmog (Original post)

Mon Nov 11, 2019, 05:00 PM

34. Hand picked Federal Judge rules against fat-ass in the WH on his tax returns and NY State.

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Response to Gothmog (Reply #34)

Mon Nov 11, 2019, 07:57 PM

37. Trump appointed the judge to the court, but he was assigned to this case randomly.

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Response to Gothmog (Original post)

Tue Nov 12, 2019, 04:22 PM

38. So a Federal Court ruled that they have no standing..

.. . with a NY State court.

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Response to Gothmog (Original post)

Tue Nov 12, 2019, 06:07 PM

39. I really like the new NY AG

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Response to Gothmog (Original post)

Fri Nov 15, 2019, 02:03 PM

40. trump wants House to notify trump if Democrats ask for trump's tax returns

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