Democrats Are Super Enthused To Demand Trump’s IRS Returns In Next House Session

In attempting to force the release of Trump’s tax records to a House committee, there is a large competing interest in invasion of privacy by the government and the public’s right to know. The IRS may not release an individual’s or entities income tax returns without a valid reason, and those returns still cannot be shared beyond the requesting panel, so, what would this gain the Democrats?

Trump Says He Won’t Turn Over His Tax Returns. It’s Not Up To Him Anymore.

President Donald Trump said Wednesday that he doesn’t want to let Democrats see his tax returns once they assume control of the U.S. House of Representatives next year.

But that’s actually not up to the president ― according to the law, at least.

The leaders of key congressional committees can ask the IRS for anybody’s tax returns. Republicans simply did not want to do so. Democrats said in October that they would ask the IRS for Trump’s returns if they regained control of the House, which they did on Tuesday night. (snip)

Federal law gives congressional tax committees the power to obtain anyone’s tax returns. If the taxpayer doesn’t consent in writing, the committees still have the power to obtain the returns in a secret meeting.

In response to a written request, the law says, “the Secretary [of the Treasury] shall furnish such committee with any return or return information specified in such request.”

Treasury Secretary Steve Mnuchin would review any such request with department lawyers “for legality,” according to a spokesperson.

When we are talking about that law, we need to dip down to (f) Disclosures to Committees of Congress, (3) “Any resolution described in this paragraph shall specify the purpose for which the return or return information is to be furnished and that such information cannot reasonably be obtained from any other sources.” In other words, there needs to be an actual, material reason to see the returns. It can’t be simply because they want to see them. Quora notes

The house and senate both have a subpoena power. This is expressed in the rules of each of body. Specifically in Senate Rule XXVI and House Rule XI . There are some definite restrictions in both rules. The subpoena has to be issued by majority vote of a committee, and according to Wilkinson v US it must meet three conditions to be “legally sufficient”:

  1. First, the committee investigation of the broad subject area must be authorized by its Chamber
  2. the investigation must pursue “a valid legislative purpose” but does not need to involve legislation and does not need to specify the ultimate intent of Congress
  3. the specific inquiries must be pertinent to the subject matter area that has been authorized for investigation

These rules apply to any subpoena. If a subpoena is made against the sitting executive, then issues of separation of powers will arise. These would likely play out by the executive asserting “executive privilege”, which is the power claimed by the President and other members of the executive branch to resist certain subpoenas and other interventions by the legislative and judicial branches of government to access information and personnel relating to the executive branch.

Under what rationale would a Democrat run House committee/subcommittee deem these tax returns of a private citizen (that’s what he was at the time) necessary, rather than just a fishing expedition and/or an attempt to embarrass Mr. Trump?

If those things happens, then if a subpoena goes to Trump or the IRS it’s going to immediately be responded to with an “executive privilege” claim. To overcome that, it will go to Judicial branch. It’s going to be very hard to claim the tax returns are “essential to the justice of the case” without already knowing they prove something specific. No court is going to authorize a fishing expedition.

Let’s further consider that even if a House committee gets their hands on them, per that same law cited above they can only be viewed in closed door executive session, and the information may not be shared with anyone outside of. So, the entire point in attempting to show them to all their Democratic voters would be meaningless, and any leaks would be a federal felony. Since this would be a small group viewing the tax returns, it would be pretty easy to figure out who did it.

Further, they should be careful in playing this game, because, get this: section (g) gives the “President and certain persons” the power to demand the tax returns of citizens in the same way. Do nutters like Maxine Waters, Adam Schiff, and others want Trump looking at their returns?

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25 Responses to “Democrats Are Super Enthused To Demand Trump’s IRS Returns In Next House Session”

  1. Jethro says:

    TRump’s tax returns are relevant because of his continued business involvement AFTER he became President. The documents can advise the committee as to whether crimes have been committed by this president who, for now, is not above the law. Just normal law and order stuff.

    TRump made a political gamble (and he won!) to hide his financial dealings a) to avoid severe political embarrassment or b) to hide criminal activity. Probably both.

    TRump is in full panic. A couple of House committees will likely be chaired by Black people. Can you imagine the humiliation a white nationalist would feel at being publicly upbraided by a Black person?

    • Jeff, you just confirmed that it would, in fact, be a fishing expedition. Which is exactly why any judiciary would shut it down.

      • Jethro says:

        Your “fishing expedition” is a prosecutor’s “investigation”. TRump has caused his own problems by flouting convention and the Constitution.

        Do you really think tRump’s new judiciary would shut down House investigations? Who knows, his judges just might, and tRump just might get away with it. If the executive and judicial branches team up to suppress the will of Congress, it will certainly be a brave new world, but one that confirms what we thought of the right all along. Scratch a rightist, find a fascist.

        • formwiz says:

          No, judges know fishing when they see it, but it’s going to be fun to see how Jeffery reacts when the people trying to steal the FL election get hauled into court.

          Do you really think tRump’s new judiciary would shut down House investigations?

          Make my day.

          If the executive and judicial branches team up to suppress the will of Congress

          Not Congress, just the House.

          Scratch a rightist, find a fascist.

          No, that’s your thing. All the fascists were Lefties.

        • Mangoldielocks says:

          Here is an all America Idea. I am the District Attorney of whatever state Jethro lives in. I think he has probably done something wrong. I go to the court and ask them to wire tap him. They say on what grounds.. I say I think he has done something wrong.

          Like what?

          I don’t know but he acts guilty.

          Any evidence.

          Just people don’t like him much so we should go after him?

          Why?

          Because we don’t like him.

          Right. Heres an Idea DA…to take care of the cases you have evidence if you want to go fishing. Retire and buy a boat.

          • Liljeffyatemypuppy says:

            Well, there is that episode with the grandson. Wonder if there’s a staute of limitations on sexual assault of a minor. Just sayin’.
            https://www.thepiratescove.us/wp-content/plugins/wp-monalisa/icons/wpml_cool.gif

    • formwiz says:

      The only one in full panic is Jeffery. The House “majority” is razor thin; a few convictions and a bad flu season, not to mention what Greg Abbott finds investigating tales of illegals being allowed to vote by the hundreds (or thousands) and the House is back in R hands.

      And, last I looked, Zippy ignored subpoenas all the time.

      • david7134 says:

        I anticipate that there will be a few moderate to conservative Dems that might break ranks. At the end of the day, is a Dem. House any different from a Ryan House? I don’t think so. They are threatening all sorts of investigations now, Trump can play that same game and shut it down. What is going to drive the Dems crazy is Ginsburg. An 85 year old “falling” and breaking ribs is serious business. I would anticipate pneumonia will start up. And there is the what caused the fall? Stroke most likely. One more conservative, young on the court

        It is funny to see Jeff make a fool of himself over the tax returns. First, Trump is under no obligation to turn them over to anyone, then Jeff actually thinks that you can determine all sorts of information from the return, NOT. Does jeff even know that the IRS reviews.

        • formwiz says:

          Money is how they got Danny Rostenkowski and Jim Wright.

          Jeffery is dumb enough to believe Trump is dumb as they were.

        • david7134 says:

          Jeff,
          This is how it will play. Stupid people like youwill think the Dems are going to do something to Trump, they can’t and will not but will go through the motions. The Demswill come across as fools, which they are.

          Ginsberg is now out of the court and Trump will get another judge as well as numerous ones at lower level.

          We will likely have an economic downturn, which the Dems will own.

          Trump will get a second term and continue unraveling all the socialist programs you like as well as the stupid agencies like the EPA and others.

          Happy times are here. MAGA.

  2. Jl says:

    Nice try, J. No doubt his returns were looked at by Obumer’s IRS, and any discrepancies would have been conveniently “leaked” to the press.

    • Jethro says:

      Nice try, j. You make the repeated mistake of assuming that Dems and libs are as consistently vile and selfish as Con Men. Not true.

      You assume that the secrecy of tRump’s returns have been maintained because they’re just honestly good and proper! In that case he should have no problem turning them over to the House committee.

      • Jl says:

        No, I made no mistake. The libs are much more vile and selfish. The Trump campaign was spied on, and obviously his taxes were looked at. Another dead end like “Russian collusion”.

  3. formwiz says:

    The Demos may wish they’d spent more effort on the Senate (but not on Skateboard Jesus) and a lot less on the House.

    RBG had a fall and has been hospitalized with 3 broken ribs.

  4. Kye says:

    President Trump needs to start considering Goofy Ginsburg’s replacement. I don’t think the despicable old commie will last till Christmas.

    I see the left is acting more reasonable now that they won the House just as Hillary predicted. Last night Antifa stormed Tucker Carlsons house and terrorized his wife an four kids. They also published the addresses of many “racists” such as Ann Coulter and Sean Hannity. Nice people these leftists.

    • formwiz says:

      She’s had cancer twice in the last 20 years, a stent put in her heart 4 years ago, and now she’s broken 3 ribs. Issue is, she may not be able to get back to the Court.

      And, if I were Antifa, I’d watch my ass. Whitaker sounds like a no prisoners kind of guy.

      • Jethro says:

        Whitaker is an unconstitutional appointment as any lawyer or judge will point out. He reports directly to the president but has not undergone confirmation hearings by the Senate. He’s a partisan Republican hack.

        It’s clearly more obstruction by the panicky tRump.

        It could be that tRump’s associates tried to kill Justice Ginsberg.

        • formwiz says:

          He is?

          How is that? He’s referred to as Acting AG. Perfectly legal.

          You really are ignorant.

        • david7134 says:

          Jeff,
          Almost sounds like you know what you are talking about, but you have no idea as to the matter,only repeating left headlines.

          Will be funny when this illegal puts Hillary in jail.

          Winning. MAGA.

  5. formwiz says:

    It will be hubris that gets tRump.

    No, he’s done nothing wrong except fight back. And fortune favors the brave or, as they say in the SAS, Who Dares, Wins.

    • formwiz says:

      It could be that tRump’s associates tried to kill Justice Ginsberg.

      Just like Vince Foster committed suicide?

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