In Manhattan, a personal attorney for Donald Trump told a federal court Wednesday that the president could neither be investigated for a crime nor prosecuted — even for murder. The argument by Trump’s attorney, William S. Consovoy, came as he sought to quash a subpoena seeking the president’s private financial records about hush money payments made to adult film star Stormy Daniels ahead of the 2016 election. During Wednesday’s hearing, Judge Denny Chin asked Consovoy about Trump’s infamous comment in 2016 that he could shoot someone on Fifth Avenue in Manhattan and not lose any voters.
Judge Denny Chin: “And what’s your view on the Fifth Avenue example? Local authorities couldn’t investigate? They couldn’t do anything about it?”
William S. Consovoy: “I think once a president is removed from office, any local authority – this is not a permanent immunity.”
Judge Denny Chin: “Well, I’m talking about while in office.”
William S. Consovoy: “No.”
Judge Denny Chin: “That’s the hypo. Nothing could be done? That’s your position?”
William S. Consovoy: “That is correct.”
A lawyer for Manhattan’s District Attorney’s Office responded, “There is no such thing as presidential immunity for tax returns,” and “They’re making this up.”