President Donald Trump faces incoming fire from three different directions in his native New York, and his odds of escaping unscathed look long.
We've known for a while about the Manhattan district attorney's dogged pursuit of the president's tax records. That odyssey is poised to end soon and probably successfully for the D.A., at least in terms of obtaining the records.
Then two weeks ago, the U.S. attorney's office for the Southern District of New York indicted erstwhile Trump guru Stephen K. Bannon on criminal charges. If Bannon cooperates with authorities, he might well have vivid stories to tell about Trump and his circle.
And on Aug. 24, New York Attorney General Letitia James filed a motion revealing that her office, too, is on Trump's trail. The motion disclosed a long-standing civil investigation into whether the Trump Organization improperly inflated its assets to get loans and obtain tax benefits, a practice that former Trump attorney Michael Cohen told Congress was routine.
There are some serious legal risks to Trump from each of these investigations, but they're pressing only if he isn't reelected. (We know the feds have a rule against indicting a sitting president, and the state probably lacks constitutional power to do so.) Should Election Day result in a loss, it may jeopardize his fortune and even his liberty.
Start with the case being pursued by Manhattan District Attorney Cyrus Vance Jr. He has subpoenaed Trump's tax returns from his accountants. The filings in the case make it clear that Vance thinks the returns could shed light on a variety of criminal financial misdeeds, including the possibly fraudulent treatment of alleged hush-money payments to Stormy Daniels and Karen McDougal.
The U.S. Supreme Court rejected Trump's argument in Vance's case — that the president cannot even be investigated — and returned the case to the trial court. Two weeks ago, that court rejected the balance of Trump's arguments against complying with the subpoenas, calling the reasoning "unprecedented" and "perilous to the rule of law."
Next, the U.S. Court of Appeals will hear Trump's motion for a stay on Tuesday. Look for it to deny the stay in short order, and for the Supreme Court to rebuff Trump's attempt to take up the case again; it no longer concerns any interesting or unusual principles of law.