A US appeals court on Tuesday handed President Donald Trump another defeat in his attempt to keep his financial records secret, directing Deutsche Bank AG and Capital One Financial Corp to comply with subpoenas from congressional Democrats demanding the material.
A three-judge panel of the Manhattan-based Second US Circuit Court of Appeals ruled 2-1 against Mr Trump’s attempt to block two House of Representatives committees from enforcing subpoenas issued in April to the two banks seeking the documents. Mr Trump is expected to appeal the case to the Supreme Court.
The second circuit rejected Mr Trump’s arguments that Congress lacked a valid purpose for seeking his records and that disclosure of the material would compromise his and his family’s privacy and distract the Republican president from his duties.
The material sought by the committees include records of accounts, transactions and investments linked to Trump, his three oldest children, their immediate family members and several Trump Organization entities.
“The Committees’ interests in pursuing their constitutional legislative function is a far more significant public interest than whatever public interest inheres in avoiding the risk of a Chief Executive’s distraction arising from disclosure of documents reflecting his private financial transactions,” wrote Judge Jon Newman in the ruling.
Mr Trump had sued the two banks in an effort to prevent the disclosure of his financial records. US District Judge Edgardo Ramos ruled in May that the subpoenas could be enforced, prompting Mr Trump to appeal.
“We believe the subpoenas at issue are not invalid,” said Jay Sekulow, a lawyer for Mr Trump. “In light of the second circuit decision, we are evaluating our next options including seeking review at the Supreme Court of the United States.”
The Supreme Court’s 5-4 conservative majority includes two justices appointed by Mr Trump.
In separate legal cases, the president also has sought to block House Democrats from obtaining his tax and financial records from his long-time accounting firm.
The subpoenas involved in Tuesday’s ruling were issued months before House Democrats began an inquiry in September into whether there were grounds to impeach Mr Trump over his request to Ukraine to investigate Democratic political rival Joe Biden and his son Hunter Biden.
A principal lender
Germany’s Deutsche Bank has long been a principal lender for Mr Trump’s real estate business. A 2017 disclosure form showed he had at least $130 million of liabilities to the bank.
The House financial services committee and the intelligence committee subpoenaed Deutsche Bank for records related to Mr Trump, three of his children and the Trump Organization. Politicians have said the requests are part of a wider investigation into money laundering and foreign influence over US politics.
The financial services committee subpoenaed Virginia-based Capital One, seeking records related to the Trump Organization’s hotel business.
The two banks have said the records involved in the case do not include Mr Trump’s tax returns.
Congressional investigators have already identified possible failures in Deutsche Bank’s money laundering controls in its dealings with Russian oligarchs, according to sources familiar with the matter.
Mr Trump has fought hard to keep his financial and tax records private. He broke with tradition by not releasing his tax returns as a candidate in 2016 and as president.
Judge Debra Ann Livingston dissented from the ruling, saying Mr Trump and his family raised “serious constitutional questions” about congressional authority to enforce “deeply troubling” subpoenas seeking “voluminous” financial records and deserved a chance to object to disclosure of more sensitive materials.
Judge Livingston said the entire case should be sent back to Judge Ramos to review Congress’s motives and the need for disclosure, as well as privacy and separation of powers issues.
Judge Newman was appointed by former US president Jimmy Carter, a Democrat, while Judge Livingston was appointed by President George W Bush, a Republican. Judge Newman was joined in the ruling by Judge Peter Hall, a Bush appointee.
Deutsche Bank declined to comment. Capital One did not immediately respond to a request for comment.
The Supreme Court as soon as December 13th will decide whether to hear Mr Trump’s appeal of lower court rulings that directed Mazars LLP, his accounting firm, to provide local prosecutors in New York with Mr Trump’s personal and corporate tax returns from 2011 to 2018 as part of a criminal investigation.
Mr Trump also is due to file by Thursday his appeal of a court ruling in Washington directing Mazars to turn over his financial records to the House oversight committee. The Supreme Court last week put the lower court ruling on hold to give Mr Trump time to appeal. – Reuters