美国一个联邦上诉法院合议庭于周二驳回了一项暂停制裁的请求,该制裁针对的是美国总统唐纳德·特朗普的两名律师,起因是他们处理特朗普针对美国国税局(IRS)提起的100亿美元诉讼时的行为。
A federal appeals court panel on Tuesday rejected a bid to pause sanctions imposed on two attorneys for President Donald Trump over their handling of his $10 billion lawsuit against the Internal Revenue Service.
美国第十一巡回上诉法院的三法官合议庭裁定,这两名律师亚历杭德罗·布里托(Alejandro Brito)和丹尼尔·爱泼斯坦(Daniel Epstein)未能证明,他们在论证迈阿密联邦地区法院法官凯瑟琳·威廉姆斯(Kathleen Williams)在认定律师在该民事诉讼中存在恶意时缺乏充足依据方面,很有可能会胜诉。
The three-judge panel in the 11th U.S. Circuit Court of Appeals found that the attorneys, Alejandro Brito and Daniel Epstein, failed to show they were likely to succeed in arguing that Miami U.S. District Court Judge Kathleen Williams lacked sufficient basis when she found the lawyers acted in bad faith in the civil suit.
合议庭还表示,此次上诉为时过早。合议庭指出,威廉姆斯尚未就一审前法官群体提出的重新审理该案的请求作出最终决定——该案已于5月在庭外达成争议性平解——并且她也尚未就律师费问题作出裁决。
The panel also said the appeal was premature. The panel noted that Williams has not made a final decision on whether to grant a request by a group of former judges that she reopen the case — which was controversially settled out of court in May — and also has not decided a question about attorneys' fees.
布里托和爱泼斯坦受到制裁,此前威廉姆斯认定诉讼当事人之间并不存在对立关系,因为特朗普作为政府行政部门首脑控制着国税局。
Brito and Epstein were sanctioned after Williams found that the parties in the lawsuit were not adverse to one another, as Trump controlled the IRS due to his status as head of the executive branch of government.
威廉姆斯在7月将布里托移交给佛罗里达州律师协会,以决定是否鉴于她在案件达成和解后严厉的调查结果对其实施纪律处分。
Williams in July referred Brito to the Florida Bar to determine if he should be disciplined in light of her scathing findings after the case was settled.
威廉姆斯还下令,在未来一年内,拒绝爱泼斯坦在佛罗里达州南区法院获得临时出庭(pro hac vice)资格的所有申请。未在某个联邦司法区获得执业资格的律师,如果通过“临时出庭”申请获得批准,则可以在该案中出庭。上诉合议庭关于拒绝暂缓执行制裁的裁决是全票通过的。
Williams also ordered that all future applications by Epstein to be admitted pro hac vice in the Southern District of Florida be denied for one year. Lawyers not admitted to practice in a certain federal judicial district can appear in a case there if they are admitted through a "pro hac vice" application. The appeals panel's ruling denying a delay in the sanctions was unanimous.
合议庭的三名法官之一凯文·纽瑟姆(Kevin Newsom)由特朗普任命。另外两名法官罗宾·罗森baum(Robin Rosenbaum)和阿达尔伯托·约旦(Adalberto Jordan)由贝拉克·奥巴马总统任命。
One of the judges on the panel, Kevin Newsom, was appointed by Trump. The other two judges, Robin Rosenbaum and Adalberto Jordan, were appointed by President Barack Obama.
特朗普因政府机构承包商泄露其税务记录而起诉美国国税局(IRS)。根据该诉讼达成的和解协议,美国司法部曾设立了一笔金额为18亿美元的“法律诉讼基金”,但该基金在引发公众愤怒后被立即撤销——因为人们担心这笔资金可能被用于赔偿2021年1月6日国会山骚乱事件中袭击警察的被告及其他相关人员。
Trump has sued the IRS over the leak of his tax records by an agency contractor. The settlement briefly led the Justice Department to create a $1.8 billion "lawfare" fund that was quickly abandoned after outrage at the idea it could be used to compensate defendants in Jan. 6, 2021, Capitol riot cases who had assaulted police officers and other defendants.
该和解协议还保护了特朗普、他的家庭成员、特朗普集团及其相关信托机构,使其免受与美国联邦纳税申报相关的任何执法行动的影响。
The settlement also protected Trump, his family members, the Trump Organization and related trusts and affiliates from potential IRS enforcement actions related to federal tax returns filed.
威廉姆斯法官指出,原告方(包括特朗普的长子唐纳德·特朗普和小埃里克·特朗普)“出于恶意且出于不当目的”提起诉讼,其真正目的只是为掩盖他们与第三方之间的勾结行为。除了对布里托(Brito)和爱泼斯坦(Epstein)进行处罚外,威廉姆斯法官还要求将她的裁决副本发送给纽约州律师协会;现任代理司法部长托德·布兰奇(Todd Blanche)正是该协会的成员。布兰奇曾担任特朗普的刑事辩护律师,在诉讼达成和解后,他宣布了美国司法部设立该赔偿基金的计划,但该计划最终被取消。
Williams found that the plaintiffs, which included Trump's eldest sons, Donald Trump Jr. and Eric Trump, had "acted in bad faith and for the improper purpose" by filing a lawsuit "solely to provide cover for a collusive settlement." In addition to sanctioning Brito and Epstein, Williams also ordered a copy of her order to be sent to the New York State Bar Association, of which acting Attorney General Todd Blanche is a member. Blanche, who is Trump's former criminal defense lawyer, announced the creation of the DOJ's now-aborted compensation fund after the suit was settled.
特朗普法律团队的发言人针对上诉法庭周二作出的裁决表示:“美国国税局错误地允许一名心怀政治目的的叛逆员工将有关特朗普总统、其家人及特朗普集团的私人机密信息泄露给《纽约时报》(The New York Times)、ProPublica等左翼新闻媒体,这些信息随后被非法传播给了数百万人。”发言人还表示:“特朗普总统将继续追究那些伤害美国和美国人的人的责任。”
A spokesman for Trump's legal team, in a statement about Tuesday's ruling by the appeals panel, said, "The IRS wrongly allowed a rogue, politically-motivated employee to leak private and confidential information about President Trump, his family, and the Trump Organization to the New York Times, ProPublica and other left-wing news outlets, which was then illegally released to millions of people." "President Trump continues to hold those who wrong America and Americans accountable," the spokesman said.