which means “I am not a lawyer,” I do not understand lawyers for the current occupant of the Oval office warning Mazars USA, the financial services firm subpoenaed by Elijah Cummingsfor Trump’s financial records not to comply with that subpoena.
That implied threat threat of legal action against the firm is irrelevant to the requirement of the firm to comply with the subpoena, which in fact they requested from Cumming after he requested the records.
If in fact the lawyers for the occupant did not want the records to be released, there are two legal actions that SHOULD have been taken and yet have not been.
1. File a request to quash the subpoena on whatever grounds they can offer for the occupant’s financial records remaining confidential (although there is no privilege on financial records as there is on lawyer-client interactions and records)
- Requesting a Temporary Restraining Order (TRO) against the subpoena.
These actions could have been filed in either the Southern District of New York, where Mazars is located, or in the District of Columbia, where the subpoena was issued
But, here’s the rub: to win a TRO one must be able to establish two criteria:
1) the party filing the TRO must be able to establish irrevocable damage if the TRO is not granted
2) the party filing is likely to win on the merits of the case.
And yet, the lawyers have not filed either motion. Could it be that they know they would lose in federal court on either or both motions?
Absent those actions, Mazar has no choice but to be responsive to the subpoena.
Let us stay tuned.