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UpInArms

(51,284 posts)
Sat Oct 19, 2019, 10:18 AM Oct 2019

In ruling on Trump finances, court finds broad authority for impeachment inquiry

Source: NBC News

A federal appeals court ruled last week that President Donald Trump's accounting firm must turn over financial records requested by a House committee.

In April, the House Oversight and Reform Committee subpoenaed the firm, Mazars USA, for documents related to Trump's accounts going back to January 2009. His lawyers fought back with a lawsuit in the U.S. Circuit Court of Appeals for the District of Columbia that argued Congress had no legitimate legislative purpose for getting the materials.

In a 2-1 ruling, a three-judge panel of the court disagreed but put a temporary hold on the legal effect of its decision to allow Trump's lawyers to appeal. A large part of the court’s opinion, which runs more than 100 pages, can be distilled into three questions: Is the Oversight Committee pursuing a legislative, as opposed to a law-enforcement, objective? Is the committee investigating a subject on which constitutional legislation could be enacted? And does the subpoena seek information relevant to the legislative inquiry?

... snip ...

The judges concluded that the Oversight Committee is, in fact, pursuing a legislative, non-law enforcement purpose, and that at least one kind of constitutional legislation could flow from the committee’s investigation. The court then determined that the documents requested by the panel are relevant to its investigation.

Read more: https://www.nbcnews.com/news/amp/ncna1068226

22 replies = new reply since forum marked as read
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In ruling on Trump finances, court finds broad authority for impeachment inquiry (Original Post) UpInArms Oct 2019 OP
WHAT IS HE TRYING TO HIDE? groundloop Oct 2019 #1
Well, we know he's trying to hide lots of tax and bank fraud, the fact that he is broke and yaesu Oct 2019 #3
Full court opinion 2-1 kiri Oct 2019 #12
Nvm UpInArms Oct 2019 #14
Thanks for link burrowowl Oct 2019 #21
The scary part is the one dissenter a Trump supporter. This isn't a hard issue and it should have Pepsidog Oct 2019 #2
Yep, I want to see who the dissenter is. bitterross Oct 2019 #4
I totally agree PNW-Dem Oct 2019 #6
Bravo for this ruling. iluvtennis Oct 2019 #5
The dissenting judge is a Trump appointee. Kavanaugh's replacement on the Circuit. bitterross Oct 2019 #7
Good work! lunatica Oct 2019 #20
k for visibility riversedge Oct 2019 #8
#The late Elijah Cummings, as chairman of the House Oversight Committee, had a valid reason for seek riversedge Oct 2019 #9
Provided the judges aren't corrupt..... MyOwnPeace Oct 2019 #10
After we impeach Trump and run him off... jmowreader Oct 2019 #11
is an impeachment inquiry a legislative or scipan Oct 2019 #13
Well no shit!!! It amazes me that one justices though was stupid enough to rule that cstanleytech Oct 2019 #15
K&R Scurrilous Oct 2019 #16
Will this go to the Supreme Court? zanana1 Oct 2019 #17
Most likely. If the SCOTUS grants certiorari, though, there will MineralMan Oct 2019 #19
So true. I think we'll never see those wnylib Oct 2019 #22
Kicking. nt Quixote1818 Oct 2019 #18

groundloop

(11,519 posts)
1. WHAT IS HE TRYING TO HIDE?
Sat Oct 19, 2019, 11:00 AM
Oct 2019

Keep repeating this to your right wing family members and neighbors. WHAT IS HE HIDING? If he has nothing to hide he'd simply turn them over and be done with it.

yaesu

(8,020 posts)
3. Well, we know he's trying to hide lots of tax and bank fraud, the fact that he is broke and
Sat Oct 19, 2019, 11:51 AM
Oct 2019

in debt up to his orange hair plugs with the russian mob.

kiri

(794 posts)
12. Full court opinion 2-1
Sat Oct 19, 2019, 01:04 PM
Oct 2019

The court ruling is here--100 pages. It is worth reading.

https://www.cadc.uscourts.gov/internet/opinions.nsf/20C16C3C5721030C85258490004DE33C/$file/19-5142-1810450.pdf

(I always read these decisions. and download them, for future reference. If you wish to d/l, there is a small, hidden click on the Right hand-side.)

The 2-1 decision had Rao as the one. His dissent is full of sophist argument to justify an authoritarian executive branch that lacks any checks, much less balances.







Pepsidog

(6,254 posts)
2. The scary part is the one dissenter a Trump supporter. This isn't a hard issue and it should have
Sat Oct 19, 2019, 11:47 AM
Oct 2019

been 3-0.

 

bitterross

(4,066 posts)
4. Yep, I want to see who the dissenter is.
Sat Oct 19, 2019, 12:02 PM
Oct 2019

I want to know by whom that vote was cast and why? When I find the ruling I'll post a link.

PNW-Dem

(244 posts)
6. I totally agree
Sat Oct 19, 2019, 12:05 PM
Oct 2019

This also caught my eye. The law is crystal clear and there is precedent. It's crazy that there was a dissenting vote. I fear that we will see a lot more of this from tRump-appointed judges.

 

bitterross

(4,066 posts)
7. The dissenting judge is a Trump appointee. Kavanaugh's replacement on the Circuit.
Sat Oct 19, 2019, 12:11 PM
Oct 2019

This should have been a 3-0 decision. The courts should have deferred to the legislative branch when the legislative branch is performing it's Constitutional duties.

The judge who dissented is a Trump appointee and, just happens to be Kavnauagh's replacement. Which makes it even worse.

https://www.cadc.uscourts.gov/internet/opinions.nsf/20C16C3C5721030C85258490004DE33C/$file/19-5142-1810450.pdf

riversedge

(70,242 posts)
9. #The late Elijah Cummings, as chairman of the House Oversight Committee, had a valid reason for seek
Sat Oct 19, 2019, 12:20 PM
Oct 2019

He will be missed.



"The late Elijah Cummings, as chairman of the House Oversight Committee, had a valid reason for seeking the president's financial records, the judges said."

MyOwnPeace

(16,927 posts)
10. Provided the judges aren't corrupt.....
Sat Oct 19, 2019, 12:39 PM
Oct 2019

or Trump appointees (oops, I repeated myself), the rulings should start cascading down against this mis-administration.
Just as in Watergate, the defenses will fall to the wayside and we'll be on our way to cleaning up America - at last.

jmowreader

(50,559 posts)
11. After we impeach Trump and run him off...
Sat Oct 19, 2019, 12:49 PM
Oct 2019

El Boofo’s replacement, who cast the dissenting vote here, should be the next to go.

Judicial malfeasance is an impeachable offense.

scipan

(2,351 posts)
13. is an impeachment inquiry a legislative or
Sat Oct 19, 2019, 02:58 PM
Oct 2019

Last edited Sat Oct 19, 2019, 04:28 PM - Edit history (1)

law enforcement objective? Seems more law enforcement to me, but the House definitely has the right to impeach. Im kinda fuzzy on what would be an invalid objective.

Edit: OK, after reading a bunch of legal interpretations, I think I answered my own question. Basically, the investigative and oversight powers stem from the legislative authority of congress, because it needs the ability to gather information in order to legislate well. And impeachment is just a whole different animal altogether, and obviously doesn't need to be rooted in any principle as it's explicitly granted by the Constitution.

cstanleytech

(26,293 posts)
15. Well no shit!!! It amazes me that one justices though was stupid enough to rule that
Sat Oct 19, 2019, 09:37 PM
Oct 2019

Congress could not see it because this is not like its a court of law rather its an impeachment investigation off a government official and to make a decision on such things they need to be able to examine everything.
Mind you I could see requiring the information to be sealed barring any egregious crime being committed but otherwise they need to be able to see such information.

zanana1

(6,122 posts)
17. Will this go to the Supreme Court?
Sun Oct 20, 2019, 09:12 AM
Oct 2019

It looks like the Supreme Court is stacked in Trump's favor. I hope they reject the suit.

MineralMan

(146,317 posts)
19. Most likely. If the SCOTUS grants certiorari, though, there will
Sun Oct 20, 2019, 01:52 PM
Oct 2019

likely be a long delay before the case is heard and adjudicated. We'll be well into 2020 before we know the results, if the SCOTUS wants to delay things.

wnylib

(21,484 posts)
22. So true. I think we'll never see those
Mon Oct 21, 2019, 10:03 AM
Oct 2019

tax returns unless somebody leaks them. Current SCOTUS will protect him.

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