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02 April 2020 / Michael Zander KC
Issue: 7883 / Categories: Features , Constitutional law
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Trump card: oral hearing postponed

Michael Zander asks, is President Trump above the law?

The US Supreme Court, for the first time in its history, because of the coronavirus cancelled last month’s oral hearing to hear three cases brought by President Trump. In each case the president is seeking to stop presumably damaging information from being handed over.

Trump v Vance is to block the district attorney of New York City’s subpoena of Trump’s personal financial records including his tax returns for a grand jury investigation into whether several people committed crimes by paying hush money to Stormy Daniels, to stop her from talking about her sexual relations with Trump in 2006. Trump v Mazars and Trump v Deutsche Bank are to block respectively his accountancy firm and the bank from handing congressional committees similar records in connection with hearings as to whether the President misstated his assets to avoid tax liabilities or violated financial disclosure obligations. All the matters being investigated occurred before Trump became President.

The issues raised are laid out in the current issue of the New York Review of Books by

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NEWS
Talk of a reserved ‘Welsh seat’ on the Supreme Court is misplaced. In NLJ this week, Professor Graham Zellick KC explains that the Constitutional Reform Act treats ‘England and Wales’ as one jurisdiction, with no statutory Welsh slot
The government’s plan to curb jury trials has sparked ‘jury furore’. Writing in NLJ this week, David Locke, partner at Hill Dickinson, says the rationale is ‘grossly inadequate’
A year after the $1.5bn Bybit heist, crypto fraud is booming—but so is recovery. Writing in NLJ this week, Neil Holloway, founder and CEO of M2 Recovery, warns that scams hit at least $14bn in 2025, fuelled by ‘pig butchering’ cons and AI deepfakes
After Woodcock confirmed no general duty to warn, debate turns to the criminal law. Writing in NLJ this week, Charles Davey of The Barrister Group urges revival of misprision or a modern equivalent
Family courts are tightening control of expert evidence. Writing in NLJ this week, Dr Chris Pamplin says there is ‘no automatic right’ to call experts; attendance must be ‘necessary in the interests of justice’ under FPR Pt 25
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