Trump loses appeal to stop House subpoena of his tax documents
Source: CNN
Washington (CNN) President Donald Trump on Friday lost his appeal to stop a House subpoena of his tax documents from his longtime accountant Mazars USA. In a 2-1 ruling, the US Court of Appeals for the District of Columbia Circuit upheld a lower court ruling saying the firm must turn over eight years of accounting records.
It's the first major case at the appeals court level in the ongoing standoff between the House and Trump. The President has lost all of his challenges so far that have been decided at the trial court level to stop House subpoenas. Trump may appeal to the Supreme Court to stop Mazars, but courts including the Supreme Court previously have refused to curtail Congress' subpoena power.
The appeals court broadly supported the House's power to subpoena information about Trump as it investigates him and considers laws in response, calling the subpoena "valid and enforceable." "A congressional committee, as committees have done repeatedly over the past two centuries, issued an investigative subpoena, and the target of that subpoena, questioning the committee's legislative purpose, has asked a court to invalidate it," the majority opinion states. "The fact that the subpoena in this case seeks information that concerns the President of the United States adds a twist, but not a surprising one."
Judges David Tatel, an appointee of President Bill Clinton, wrote the majority opinion, joined by Judge Patricia Millett, an appointee of President Barack Obama. Trump appointee Judge Neomi Rao dissented. Though the court's decision was split, the case is widely considered to be a tough one for Trump, even with support from the Justice Department.
Read more: https://www.cnn.com/2019/10/11/politics/trump-mazars-appeal-decision/index.html
to demmiblue for a post in GD with the below tweet - https://www.democraticunderground.com/100212570819
Link to tweet
TEXT
Andrew Desiderio
?Verified account @AndrewDesiderio
BREAKING: Appeals Court has REJECTED Trump's appeal of the House Oversight Committee's subpoena for his financial records.
Big win for House Democrats.
7:05 AM - 11 Oct 2019
Original article -
In a 2-1 ruling, the US Court of Appeals for the District of Columbia Circuit upheld a lower court ruling saying the firm must turn over eight years of accounting records.
This story is breaking and will be updated.
awesomerwb1
(4,268 posts)Wonder who appointed "1".
BumRushDaShow
(129,305 posts)(the 4 were Drumpf IIRC)
OliverQ
(3,363 posts)Her dissent was basically "Congress has no authority to investigate anything that is not part of a direct impeachment and this case was not part of impeachment so Congress has no legal authority to conduct oversight of Trump."
DeminPennswoods
(15,289 posts)Kavanaugh is , too.
CottonBear
(21,596 posts)Or, is it now inevitable that the tax returns will be turned over to the House?
BumRushDaShow
(129,305 posts)And based on this - https://www.supremecourt.gov/about/circuitAssignments.aspx Roberts is assigned to the D.C. Circuit (am guessing to review emergency requests and grant relief or reject).
CottonBear
(21,596 posts)So, now well find out if Roberts is patriot or if hell rule in favor of a treasonous administration and MF45.
ancianita
(36,130 posts)BumRushDaShow
(129,305 posts)Not sure how they would work it if for jurisdiction for the appeal and whether they go by the firm location or where the suit was originally filed. Since this case is with respect to a Congressional subpoena, I would think it would be the D.C. route.
I know there is a parallel case in NY with a request for the returns from the Manhattan DA and I think that one has been running in SDNY and would probably use the 2nd Circuit.
ancianita
(36,130 posts)BumRushDaShow
(129,305 posts)And I know that *I* have to remember which "taxes" case is being referenced in the news articles!!!!!
The NY case had a stay put on it after the 75-page ruling from the District Court demanding the taxes be handed over to Manhattan D.A. Cyrus Vance, Jr., but am not sure for how long that was supposed to be in effect (haven't followed up on it).
ancianita
(36,130 posts)than yours or my problem.
We gotta get the legalities straight, and so do media.
whistler162
(11,155 posts)and then claim it ate the tax returns.
usaf-vet
(6,194 posts)..... WHAT THE HELL IS HE HIDING IN HIS TAX RETURNS?
What would be worse than first-degree murder?
Tiggeroshii
(11,088 posts)Bayard
(22,123 posts)How long is this going to take? I don't suppose there's any chance they could decline to hear the case?
ancianita
(36,130 posts)Bayard
(22,123 posts)ancianita
(36,130 posts)MissMillie
(38,570 posts)The Supreme Court has the precedent of not interfering w/ Congressional subpoenas. Given the precedent, they should refuse to hear the case.
Kavanaugh said precedent was important... let's see if he sticks with that.
ancianita
(36,130 posts)The appeals panel ordered that the effect of the ruling be put on hold until seven days after the disposition of a petition for a rehearing of the case by either the same panel or by the entire D.C. Circuit judges.
In addition to seeking a rehearing, Trump can ask the U.S. Supreme Court to take his appeal.
We are reviewing the opinion and evaluating all appellate options, Trump lawyer Jay Sekulow said.
Neal Katyal, a former acting U.S. solicitor general the lawyer who argues for the federal government at the Supreme Court said on Twitter that Trump could have a tough time getting the high court to overturn the decision given the fact that a federal judge and a highly respected appeals court have both ruled for the House.
https://www.cnbc.com/2019/10/11/appeals-court-rejects-trump-appeal-of-subpoena-for-tax-returns.html
mahatmakanejeeves
(57,567 posts)BumRushDaShow
(129,305 posts)claiming that the House really hasn't "invovked the impeachment power".
I stopped reading after that.
http://cdn.cnn.com/cnn/2019/images/10/11/opinion.mazars.pdf
This is an example of an "activist judge" who blindly rules by talking point.
ancianita
(36,130 posts)Seems to me that if the CoC has to support subpoenas in THIS context with impeachment power, Congress would have be in permanent Official Impeachment Inquiry status.
BumRushDaShow
(129,305 posts)based on previous court decisions, including at the SCOTUS level, all have said that Congress makes its own "rules" for their day-to-day operation and the courts should not get involved in interpreting Congressional rules. So when the Speaker of the House announces that the House is "officially" engaged in an "impeachment inquiry", then that means that it IS "officially engaged in an impeachment inquiry". It doesn't mean a judge should intervene and insist on manufacturing a House rule for the convenience of amplifying a talking point to help a President obstruct a lawful investigation.
ancianita
(36,130 posts)Bradical79
(4,490 posts)It's based entirely on a nonexistant rule, backed up by zilch. It's laughably stupid. There are going to be so many problems in the coming years from all these corrupt morons he appointed.
SergeStorms
(19,204 posts)if not longer, until they're finally handed over, if then! Trump thinks he's above the law, don't forget.
Cha
(297,497 posts)Mahalo, BRDS!
BumRushDaShow
(129,305 posts)Cha
(297,497 posts)ready to fire somebody!
BumRushDaShow
(129,305 posts)Same idiocy about being completely immune from any prosecution for anything from anyone.
Cha
(297,497 posts)satan.