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kpete

(72,028 posts)
Mon Jan 23, 2017, 08:04 PM Jan 2017

It's official. Trump has been sued (lawsuit will seek Trump's tax returns in discovery)

Last edited Mon Jan 23, 2017, 08:39 PM - Edit history (1)

Fmr. WH ethics czar Norm Eisen confirms to MSNBC his Emoluments lawsuit will seek Trump's tax returns in discovery.



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Here's the lawsuit:
http://guptawessler.com/wp-content/uploads/2012/05/1-Complaint.pdf
8 replies = new reply since forum marked as read
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It's official. Trump has been sued (lawsuit will seek Trump's tax returns in discovery) (Original Post) kpete Jan 2017 OP
K & R democrank Jan 2017 #1
So Is Judicial Watch Going To Make Itself A Co-Plaintiff? Vogon_Glory Jan 2017 #2
I think its inetresting as hell... jmg257 Jan 2017 #3
Establishes standing dpibel Jan 2017 #5
Ah excellent info - thanks!! nt jmg257 Jan 2017 #7
Great triron Jan 2017 #4
The WH Rump tactics will be, Jacob Boehme Jan 2017 #6
It's hard to see why this would justify forced disclosure of tax returns. Jim Lane Jan 2017 #8

jmg257

(11,996 posts)
3. I think its inetresting as hell...
Mon Jan 23, 2017, 08:12 PM
Jan 2017

Per the complaint, it seems CREW is 'just' looking for a declaration of wrong-doing and a remedy to the behavior based on their stature {"CREW is a nonprofit, nonpartisan corporation organized under the laws of Delaware"}

https://www.buzzfeed.com/chrisgeidner/top-legal-ethics-scholars-to-file-first-major-lawsuit-agains?utm_term=.rwYaX8B8Vn#.mrZz3ded7j

As a direct result of Defendant’s refusal to address these and other violations of
the Foreign Emoluments Clause, CREW has been significantly injured. CREW has been forced
to divert essential and limited resources—including time and money—from other important
matters that it ordinarily would have been handling to the Foreign Emoluments Clause issues
involving Defendant, which have consumed the attention of the public and the media.
Moreover, without declaratory and injunctive relief from this Court, CREW will continue to
suffer this diversion and depletion of resources for the remainder of Defendant’s administration.

CREW will essentially be forced into the role of litigating and educating the public regarding
Defendant’s Foreign Emoluments Clause violations, rather than continuing its mission of serving
as a watchdog with respect to all ethical issues involving all parts of our government.

Accordingly, CREW requests that this Court:
(a) enter a declaratory judgment resolving the actual controversy between the parties over the meaning of the Foreign Emoluments Clause and stating that Defendant’s conduct violates the Foreign Emoluments
Clause;
and

(b) enjoin Defendant from violating the Foreign Emoluments Clause.


"Injunctive relief, also known as an “injunction,” is a legal remedy that may be sought in a civil lawsuit, in addition to, or in place of, monetary damages. Rather than offering money as payment for a wrong in a civil action, injunctive relief is a court order for the defendant to stop a specified act or behavior"

"enjoin - prohibit someone from performing (a particular action) by issuing an injunction."


Wonder how long/far up this one will go before it is resolved?

dpibel

(2,875 posts)
5. Establishes standing
Mon Jan 23, 2017, 09:32 PM
Jan 2017

In order to bring a lawsuit, you have to show direct harm to yourself as a result of the complained-of conduct.

It's the easiest way for courts to dispose of complaints against government officials: No standing.

So CREW is trying to establish why it has a right to be in court in the first place.

Jacob Boehme

(789 posts)
6. The WH Rump tactics will be,
Mon Jan 23, 2017, 09:36 PM
Jan 2017

Delay, Delay, Delay,
Deny, Misdirect, Deny some more
Lie, Lie, Lie....
Delay, Delay, Delay.....
Then probably start a war so it gets put on the back burner.

 

Jim Lane

(11,175 posts)
8. It's hard to see why this would justify forced disclosure of tax returns.
Tue Jan 24, 2017, 07:26 AM
Jan 2017

Admittedly, I haven't read the complaint. If there's some real gem in there, I hope someone more diligent than I will enlighten me.

The problem I see for CREW is that there's no possible Emoluments Clause violation before January 20, 2017. Throughout 2016 and all prior years, Trump was a private citizen and entitled to accept all the foreign bribes he could get his little hands on.

The case relates only to the period after his inauguration. That would justify, at most, disclosure of information from calendar year 2017. His returns for the period covering his Presidency obviously haven't even been filed yet. (Maybe the hotel is owned by a corporation that doesn't use the calendar year as its tax year, but it's hard to believe that it uses January 22 or the like as the closing date.)

Even for the relevant time period, courts are reluctant to order disclosure of tax returns. An obvious alternative would be disclosure of financial records of any of his businesses that might have received improper payments.

Finally, when tax returns or other sensitive papers are deemed relevant, they're often ordered disclosed under a protective order. That would mean that the lawyers for the other party can see them but can't disclose them to anyone else. Any briefs or other papers that reference the protected information must be filed under seal, so that members of the public who go to the clerk's office and request the file can't view them.

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