, Columnist
Trump Tax Return Ruling Could Open a Door to Indictment
A New York judge says the president can be subpoenaed, investigated and maybe even prosecuted while in office.
Still facing taxing questions
Photographer: Chip Somodevilla/Getty Images North AmericaA federal district judge in New York has held that the Manhattan district attorney may subpoena Donald Trump’s tax records as part of a criminal investigation.
Apart from the obvious political implications, there’s something constitutionally significant about the decision by Judge Victor Marrero, a Bill Clinton appointee. The judge took the opportunity to attack two memos written by the Department of Justice, both of which maintain that a sitting president cannot be criminally prosecuted. These memos form the basis for the department’s current policy of not indicting a sitting president in federal court.