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 courts 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 committees 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
groundloop
(11,519 posts)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)in debt up to his orange hair plugs with the russian mob.
kiri
(794 posts)The court ruling is here--100 pages. It is worth reading.
https://www.cadc.uscourts.gov/internet/opinions.nsf/20C16C3C5721030C85258490004DE33C/$file/19-5142-1810450.pdf
(I always read these decisions. and download them, for future reference. If you wish to d/l, there is a small, hidden click on the Right hand-side.)
The 2-1 decision had Rao as the one. His dissent is full of sophist argument to justify an authoritarian executive branch that lacks any checks, much less balances.
Got it ... thank you
burrowowl
(17,641 posts)Pepsidog
(6,254 posts)been 3-0.
bitterross
(4,066 posts)I want to know by whom that vote was cast and why? When I find the ruling I'll post a link.
PNW-Dem
(244 posts)This also caught my eye. The law is crystal clear and there is precedent. It's crazy that there was a dissenting vote. I fear that we will see a lot more of this from tRump-appointed judges.
iluvtennis
(19,862 posts)bitterross
(4,066 posts)This should have been a 3-0 decision. The courts should have deferred to the legislative branch when the legislative branch is performing it's Constitutional duties.
The judge who dissented is a Trump appointee and, just happens to be Kavnauagh's replacement. Which makes it even worse.
https://www.cadc.uscourts.gov/internet/opinions.nsf/20C16C3C5721030C85258490004DE33C/$file/19-5142-1810450.pdf
lunatica
(53,410 posts)Thanks!
riversedge
(70,242 posts)riversedge
(70,242 posts)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)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)El Boofos replacement, who cast the dissenting vote here, should be the next to go.
Judicial malfeasance is an impeachable offense.
scipan
(2,351 posts)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)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.
Scurrilous
(38,687 posts)zanana1
(6,122 posts)It looks like the Supreme Court is stacked in Trump's favor. I hope they reject the suit.
MineralMan
(146,317 posts)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)tax returns unless somebody leaks them. Current SCOTUS will protect him.