President Donald Trump's lawyers sent out a bizarre letter to the U.S. Court of Appeals for the Second Circuit, making the case that they actually won their case to keep the president's taxes a secret. It's an odd take given that they're filing for an appeal.
Oct. 7, a federal judge dismissed Trump's efforts in a 75-page opinion calling the White House claim "extraordinary."
U.S. District Judge Victor Marrero explained that no occupant of the White House enjoys "absolute immunity from criminal process of any kind." Such a position "would constitute an overreach of executive power."
Last week, the United States Court of Appeals for the District of Columbia Circuit similarly said that the president's accounting firm must turn over his taxes to the House Committees.
Trump's lawyer begins the letter to the Second Circuit saying, "The D.C. Circuit's 2-1 opinion in Trump v. Mazars, 2019 WL 5089748 (2019), does not help the Committees here," according to the letter posted by Politico.
Notably, Mazars agreed with the president on the governing legal principles. It also explained why the subpoenas here are unconstitutional. And to the extent Mazars disagreed with Plaintiffs' arguments, this Court's "duty" is to "decide [this case] right" according to its "own convictions"—not to follow the D.C. Circuit. Mast, Foos & Co. v. Stover Mfg. Co., 177 U.S. 485, 488 (1900).
It's a curious take because if Trump's lawyers truly believed he won the case, they wouldn't be appealing it.