Second Circuit Says “No Automatic Stay” For Trump,On Mazars’ Subpoena…

This merits a new post. Trump is almost out of runway here. [See today’s prior posts, for background.]

Unless Trump gets a stay from the United States Supreme Court by August 27,2020. . . the subpoena will be returnable from Mazars to the NY AG’s office, with immediate effect.

As the Second Circuit’s order makes plain, below — the arguments won’t even be heard until September 1, 2020 — in the ordinary course. So Trump’s only hope is the Supremes. The agreed adminsitrative stay in the trial court expires at 5 PM EDT on August 27. Of course, since it is a grand jury subpoena, only the prosecutor and the grand jury will see the documents. . . unless and until an indictment is unsealed. Here’s the late afternoon order out of the Second Circuit:

. . . .Appellant, President Donald J. Trump, moves for a stay pending appeal and an administrative stay of the district court’s dismissal of his challenge to the Mazars subpoena.

To the extent Appellant seeks an immediate administrative stay, that request is DENIED.

The motion for a stay pending appeal shall be heard before a three-judge panel on Tuesday, September 1, 2020. Appellees’ opposition to the motion must be filed by 5 p.m. on August 27, 2020, and Appellant’s reply, if any, must be filed by 5 p.m. on August 31, 2020. . . .

Hmm. Seems. . . he is, in fact, a mere mortal, after all. . smile. Onward, into a starry weekend outdoors, ahead.


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