Trump lawyers ask judge to dismiss suit for president's tax returns

[riversedge]

Source: Politico



09/06/2019 07:42 PM EDT

.......................................
In a filing this evening, they argued the court doesn’t have jurisdiction over the matter, contending the dispute ought to be settled between Congress and the White House.

“The court should refrain from adjudicating this dispute so the parties can undertake this process of negotiation and mutual accommodation through which the elected branches for more than 200 years have resolved their recurrent disputes over access to information,” they said.

“The exertion of federal judicial power to declare victors in interbranch disputes of this nature would be inconsistent with the limits of [the Constitution's] Article III and the separation-of-powers principles that inform them.”


...............................................
They contend Neal’s suit was not properly authorized by the House because the entire chamber did not vote to allow it to go forward. And they argue that lawmakers do not have the power to sue in court to enforce a subpoena against the executive branch, though Congress has done that before on relatively rare occasions.

“There is no constitutional or statutory basis for a Committee of the House of Representatives to take on the role of enforcing its subpoenas in the Federal courts where the Executive Branch has decided not to do so,” the filing says.

Read more: https://www.politico.com/story/2019/09/06/trump-tax-returns-dismiss-1712863

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Jordan Hughes
@Jdhughes099
·
1h
Replying to
@politico
That judge has to be so god damn pissed that Trump and his lawyers are arrogant enough to try and refuse compliance with this subpoena. I mean they have no valid argument none you don’t get to ignore subpoenas just because you feel like it
David Rice
@whtriced
·
1h
did you read their reasoning: there is no enforcement mechanism, so the "shall" is moot. UF Bielevable.

[Cracklin Charlie]

1. Didn't the issue go to court,

Because the administration wouldn’t disclose to Congress?

These crooks are unbelievable!

[SergeStorms]

3. Exactly.

He's just playing his usual game with litigation. Most people give up because they can't afford all the appeals and lawyer's fees. Trump's lawyer fees are being paid by his brain-dead supporters. I don't think the House of Representatives will have that problem, although Hair Trump's stalling tactics might keep him from releasing them before the 2020 election. He's hoping republicans will take back the House, along with him being re-elected (with the help of Russia and the GOP's tried and true voter purging and interference) and the Senate will remain in republican's hands. That's a lot to be hoping for, and if any one of those falls through he might have to release his taxes by the end of 2020.

His criminal "empire" has depended on this strategy for decades. It's always worked for him (except in rare cases) and he isn't going to switch horses mid-stream. Once a criminal finds a system that keeps him out of jail, they'll keep using it until some sharp attorneys find a way to defeat it. Let's hope the House has some super sharp attorneys and they hang this criminal bastard by his balls.

[former9thward]

16. The White House Counsel's office represents Trump in the House investigations.

So his fees are paid by taxpayers not supporters.

[SergeStorms]

19. The White House Counsel.....

is now acting as Trump's private attorney?

[former9thward]

20. House investigations are not private.

It is the legislative branch investigating the Executive branch.

[pansypoo53219]

2. audits do not take 3 years. WHAT IS HE HIDING?

[oldsoftie]

6. 3? He's been saying "under audit" since '15 at LEAST!

[Merlot]

10. Audit was never the issue, he could have released his taxes any time

There is no rule saying that taxes under audit can't be released.

"Taxes under audit" is ust another stalling tactic, may not even be true as the IRS can not verify that they are auditing his taxes.

[former9thward]

17. All presidents (and vice presidents) have their taxes audited.

It is the law.

4.8.4.2.5 (03-12-2015)
Audit of President and Vice President
The individual tax returns for the President and the Vice President are subject to mandatory review and will be closed directly to the "employee audit reviewer" in Baltimore Technical Services. See IRM 4.2.1.11 (8). The “Other” box in the “Forward to Technical Services” section of Form 3198 must be checked and the examiner should notate “President (or Vice President) Examination; Forward to Baltimore Technical Services.” The examining area will notify the group manager for the Baltimore Technical Services when the return is being shipped. Baltimore Technical Services will provide advance notice to Memphis Centralized Case Processing (CCP), "Miscellaneous Group" , when the return is being closed.

https://www.irs.gov/irm/part4/irm_04-008-004

[Merlot]

21. He said his taxes were "under audit" before he became president

It would be durig the campaign that he would release his taxes.

And again, it does not matter if taxes were under audit, they could still be released.

[former9thward]

24. Everyone in Trump's wealth range gets audited.

It is simply a cost benefit call by the IRS. That is where the money is. Like any wealthy person Trump does not handle his own taxes. He hires tax attorneys to do that. No tax attorney would ever agree to have tax returns voluntarily released to the public. So the Democrats will have to convince a court to give them to Congress.

[oasis]

4. Good luck with that, suckers!

[bucolic_frolic]

5. TWO WORDS: NIXON'S TAPES

The Supreme Court had no problem ruling on that one. Remember?

[AZ8theist]

14. I remember, but...

That SC was NOT a rubber stamp for Nixon. We are faced with a much different situation today.

It's called "DICTATORSHIP".

[bucolic_frolic]

15. The Supreme Court will have to explain what's different now

There is not a good answer.

[oldsoftie]

7. I only want to see them released just to see him lose.

The biggest revelation his returns will show, IMO, is that he makes FAR less money than he wants his followers to believe. Which is a BIG deal to him

[Mc Mike]

8. 'the dispute ought to be settled between Congress and the White House',

while the White House does whatever it wants, whenever it wants, everytime.

Swine nazis pretending they don't understand checks and balances.

[bluestarone]

9. This decision should be AUTOMATIC!

FUCK NO!

[cstanleytech]

11. I thought the court was meant as a check to decide legal disputes which included the

executive trying to rule by fiat and ignore the legislature from carrying out its Constitutional duty?

[WhoWoodaKnew]

12. Once his tax returns are made available to Congress there will be leads from hem to follow going...

everywhere.

That's what he fears the most. He doesn't want people to know things like how his shell companies pay for abortions or affairs.

And I would say the tax evasion learned by him from his father, is massive.

[former9thward]

18. If tax evasion is massive why would not the IRS profesionals have caught it?

The IRS and the NY state IRS have had his returns for decades. I have never understood that argument.

[WhoWoodaKnew]

22. Because they don't follow the money trails.

They just basically rule on what's before them. Once the returns are made available everyone and their brother will follow the money all over the place.

[former9thward]

25. I don't believe you understand how the IRS works.

Yes, they do follow "money trails". And they have investigative tools which the average person does not.

[Marthe48]

13. trump mafia ignores the Constitution

and then have the hypocrisy to invoke it to try to get out of complying with it?

[rickyhall]

23. A narcissist just can't leave it alone & move on;

thus drawing more attention to the mistake. Moron!

[Thomas Hurt]

26. So they are saying that one branch of the gov't has never sued another in court? WTF