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kpete

(71,999 posts)
Sat Aug 18, 2018, 08:52 AM Aug 2018

DOJ lawyers seek to stop release of Trump financial records


Department of Justice (DOJ) lawyers have filed a request in federal court to halt a lawsuit surrounding President Trump’s hotel in Washington, D.C., while they file an appeal, a move that would stop the release of the property’s financial records on the property.

The request was made to U.S. District Judge Peter J. Messitte, who last month ruled that the lawsuit — alleging that Trump was profiting from foreign governments spending money at his D.C. hotel in violation of the Emoluments Clause — could move forward.

DOJ lawyers argued that conducting discovery, including the release of the financial records on Trump and his properties, on a sitting president could trigger “significant separation-of-powers concerns.”


“Moreover, the public interest is decidedly in favor of a stay because any discovery would necessarily be a distraction to the President’s performance of his constitutional duties,” the document states.


http://thehill.com/homenews/administration/402433-doj-lawyers-seek-to-stop-release-of-trump-financial-records
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kentuck

(111,106 posts)
5. Get their names.
Sat Aug 18, 2018, 08:55 AM
Aug 2018

Make them public.

Explain to them that they work for the American people and are supposed to be independent from the Executive Branch.

Lindsay

(3,276 posts)
6. Oh, yeah, NOW
Sat Aug 18, 2018, 08:56 AM
Aug 2018

there's a concern about the "performance of his constitutional duties."

Please notify me when that starts.



yallerdawg

(16,104 posts)
7. A good argument for publicly releasing ALL financial records as a candidate - by law.
Sat Aug 18, 2018, 08:57 AM
Aug 2018

This is not the time to discover the "leader-of-the-free-world" is a money-laundering patsy of a foreign government/kleptocracy.

Freethinker65

(10,028 posts)
8. Would only be a distraction if Trump knew he was illegally/unethically profiting from the property
Sat Aug 18, 2018, 09:02 AM
Aug 2018

So since Trump is obviously not concerned about any wrong doing on his part, there is no reason not to release the records. Unless, of course, Trump knows full well what money is coming in and from where and is influenced by the money when it comes to making US government personnel and policy decisions.

peekaloo

(22,977 posts)
10. "significant separation-of-powers concerns."
Sat Aug 18, 2018, 09:09 AM
Aug 2018

“Moreover, the public interest is decidedly in favor of a stay because any discovery would necessarily be a distraction to the President’s performance of his constitutional duties,” the document states.





RIP Irony.

 

Sophia4

(3,515 posts)
12. Nonsense. One of the reasons for the separation of powers is that it provides
Sat Aug 18, 2018, 09:25 AM
Aug 2018

checks and balances. Each separate body in our government can in some way check and balance the other. Thus, the Congress passes legislation which the president must check by signing it, approving or disapproving it. The Congress is required to show a pretty large portion of its potential votes in order to check the president's veto or pass the bill in spite of the president's veto. And then the courts may be requested via a lawsuit to weigh in and check and balance the other two branches as to the legality of the legislation.

Of course, the president may be flaunting certain legislative and constitutional limits on his ability to run businesses while serving as president. We don't know for sure.

The entire idea of the separation of powers is not to allow one part of our government to run amuck and never answer to the other two branches of government or the people, but to allow for checks and balances.

What nonsense. I learned this in my high school government course.

"The separation of powers is a model for the governance of a state. Under this model, a state's government is divided into branches, each with separate and independent powers and areas of responsibility so that the powers of one branch are not in conflict with the powers associated with the other branches. The typical division is into three branches: a legislature, an executive, and a judiciary, which is the trias politica model. It can be contrasted with the fusion of powers in some parliamentary systems where the executive and legislative branches overlap.

"Separation of powers, therefore, refers to the division of responsibilities into distinct branches to limit any one branch from exercising the core functions of another. The intent of separation of powers is to prevent the concentration of unchecked power and to provide for checks and balances to avoid autocracy or inefficiencies.

. . . .

Checks and balances is the principle that each of the Branches has the power to limit or check the other two and this creates a balance between the three separate powers of the state, this principle induces that the ambitions of one branch prevent that one of the other branches become supreme, and thus be eternally confronting each other and in that process leaving the people free from government abuses. Checks and Balances are designed to maintain the system of separation of powers keeping each branch in its place. This is based on the idea that it is not enough to separate the powers and guarantee their independence but to give the various branches the constitutional means to defend their own legitimate powers from the encroachments of the other branches.[15] They guarantee that the powers of the State have the same weight (co-equal), that is, to be balanced, so that they can limit each other, avoiding the abuse of state power. the origin of checks and balances, like separation of powers itself, is specifically credited to Montesquieu in the Enlightenment (in The Spirit of the Laws, 1748), under this influence was implemented in 1787 in the Constitution of the United States.

https://en.wikipedia.org/wiki/Separation_of_powers

Goodheart

(5,334 posts)
13. How would this be a "separation of powers" issue
Sat Aug 18, 2018, 09:27 AM
Aug 2018

when the complainant is not Congress nor the Supreme Court?

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