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Donald J. Trump v. Cyrus R. Vance and Mazras, USA, LLC

Date: 08-20-2020

Case Number: 19-CV-8694 (VM)

Judge: Virtor Marrero

Court: United States District Court for the Southern District of New York (New York County)

Plaintiff's Attorney: Alan Samuel Futerfas

Defendant's Attorney: Allen James Vickey

Description:








New York, NY - Donald J. Trump sued Cyrus R. Vance and Mazras, USA, LLC on a federal question theory seeking to get Vance from getting access to his tax returns via a grand jury subpoena. Mazars, USA, LLP is Trump's accounting firm.



Plaintiff Donald J. Trump ( the " President " ) this

action seeking to enjoin enforcement of a grand jury subpoena

(the " Mazars Subpoena " issued by Cyrus R. Vance , Jr. , in his

official capacity as the District Attorney of the County of

New York ( the " District Attorney ) , to the accounting firm

Mazars USA, LLP ( ) ( See Complaint, " Dkt. 1 ;

" Amended Complaint, " Dkt . No. 27. ) The President initially

based his claim for injunctiverelief on an allegedly absolute

immunity from criminal process while in office , which this

Court rejected by Decision and Order dated October 7 , 2019.

See Trump Vance, 395 F. Supp. 3d 283 ( S.D.N.Y. 2019) . On

appeal , both the United States Court of Appeals for the Second

Circuit and the United States Supreme Court agreed the

President was not entitled to an injunction based on his

Case 1: 19-cv-08694-VM Document71 Filed 08/20/20 Page 2 of 103

assertions of a

temporary absolute immunity from criminal

process . See Trump Vance,

941 F.3d 631 ( 2d Cir . 2019 ) ;

Trump Vance, 140 S. Ct 2412 ( 2020 ) .

The now returns to this Court on remand, pursuant

to the Supreme Court's guidance that the President may

challenge the validity of the Mazars Subpoena on specific

grounds apart from the categorical immunity considered

initially and on appeal. ( See Dkt. Nos. 47 , 54. ) In accordance

with the Supreme Court's Opinion, the President has filed a

Second Amended Complaint claiming that the Mazars Subpoena is

overbroad and issued in bad faith. ( See Second Amended)

Complaint ( SAC . No. 57. ) Now before the Court is the

District Attorney's motion to dismiss the SAC for failure to

state a claim under Federal Rule of Civil Procedure 12 ( b ) ( 6 )

( " Rule 12 (b ) ( 6 ) ) . ( See Motion , Dkt . 62.



* * *

Outcome:
For the reasons set forth below, the Court GRANTS the and dismisses the SAC with prejudice.



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About This Case

What was the outcome of Donald J. Trump v. Cyrus R. Vance and Mazras, USA, LLC?

The outcome was: For the reasons set forth below, the Court GRANTS the and dismisses the SAC with prejudice. Download The Ruling

Which court heard Donald J. Trump v. Cyrus R. Vance and Mazras, USA, LLC?

This case was heard in United States District Court for the Southern District of New York (New York County), NY. The presiding judge was Virtor Marrero.

Who were the attorneys in Donald J. Trump v. Cyrus R. Vance and Mazras, USA, LLC?

Plaintiff's attorney: Alan Samuel Futerfas. Defendant's attorney: Allen James Vickey.

When was Donald J. Trump v. Cyrus R. Vance and Mazras, USA, LLC decided?

This case was decided on August 20, 2020.