From what you have read or heard, do you think there is currently a national emergency along the U.S.-Mexico border?
(NPR/PBS NewsHour/Marist Poll, 2/15-17/19)
Wabash wrote:Source of the post The Chair of the House Ways and Means Committee issued a subpoena for the last six years of Trump's tax returns. Trump is vowing to fight them all the way to the Supreme Court.
Wabash wrote:Source of the post Huh? Technically you are correct.
First, the law. While it is true that IRS Code 6103(f) appears to give the committee the power to get tax returns, the statue must be exercised in a way consistent with Congress’s constitutional authority. The Supreme Court has said that Congress has broad authority to conduct inquiries, but that its authority is not unlimited. In the 1881 case of Kilbourn v. Thompson, the Supreme Court held that Congress can’t use its powers to delve into someone’s private financial matters unless there is a proper legislative purpose. In 1957, the Supreme Court held in Watkins v. U.S. that a congressional information demand must relate to a “legitimate task of the Congress,” and noted that Congress is not a “law enforcement agency” that can seek information to uncover or expose crimes.
So the legal question will be: Is Congress’s purpose in seeking the president’s tax returns legitimate? As an initial matter, Congress cannot plausibly argue that it is exercising its impeachment authority since House Speaker Nancy Pelosi and other Democratic leaders have explicitly disclaimed that the House is conducting an impeachment inquiry.
This is a substantial limitation, as courts have recognized that under our Constitution, Congress’s impeachment powers are vast and exclusive. Instead of invoking impeachment, though, the committee said in its letter to the IRS that its purpose in seeking the president’s tax returns included, but was “not limited to, the extent to which the IRS audits and enforces the federal tax laws against a president.”
The administration would likely argue that this is not a legitimate reason to obtain all of the president’s business and tax returns since 2013, particularly since it could be accomplished without knowing the details of all of the president’s tax information.
https://www.politico.com/magazine/story ... rns-226571
Wabash wrote:Source of the post The most plausible thing that would show up on a tax return and would be damaging would be transactions involving Russia, such as deductions for interest paid to Russian banks for loans, capital gains or losses on Russian real estate deals, etc. These would undercut his statements that he has no business with Russia.
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