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Trump asks Supreme Court to stop Congress from getting his financial records

Published 11/15/2019, 06:53 PM
Updated 11/15/2019, 06:53 PM
© Reuters. U.S. President Donald Trump delivers remarks on honesty and transparency in healthcare prices inside the Roosevelt Room at the White House in Washington

By Lawrence Hurley and Karen Freifeld

WASHINGTON (Reuters) - President Donald Trump on Friday asked the U.S. Supreme Court to block a lower court ruling directing an accounting firm to hand over his financial records to a Democratic-led congressional panel, setting up a major clash between branches of government.

Trump turned to the justices after the U.S. Court of Appeals for the District of Columbia Circuit decided on Wednesday that it would not revisit its October decision backing the House of Representatives Oversight Committee's authority to subpoena the records from Mazars LLP, Trump's longtime accounting firm.

In a separate case, Trump on Thursday asked the Supreme Court to review a New York-based federal appeals court's ruling that local prosecutors can enforce a subpoena also issued to Mazars demanding Trump's personal and corporate tax returns from 2011 to 2018.

The Republican president's lawyers have called the Oversight Committee's subpoena to Mazars illegitimate.

The lower court ruling, if left intact, would bring House Democrats closer to shedding light on the inner workings of Trump's business interests even as they pursue an impeachment inquiry against him focusing on his dealings with Ukraine.

The case represents an important showdown at the top U.S. court over the powers of the presidency versus those of Congress.

"For the first time in our nation's history, Congress has subpoenaed the personal records of a sitting president from before he was in office," said Jay Sekulow, one of Trump's lawyers.

"And, for the first time in our nation's history, a court upheld a congressional subpoena to the president for his personal papers. Those decisions are wrong and should be reversed," Sekulow added.

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Trump's lawyers said in court papers that if the court ruling is allowed to remain intact, it would give Congress broad authority to "dig up dirt on political rivals."

"It has now been seven months since the Oversight Committee asked for these records. It is time for the president to let us do our job and stop blocking Mazars from complying with the committee's lawful subpoena," said Democratic Representative Carolyn Maloney, the acting chairwoman of the committee.

The committee said it needs to records from Mazars to determine if Trump complied with laws requiring disclosure of his assets, and to assess whether those laws needed to be changed.

It is not clear exactly what records were subpoenaed but, according to Trump's lawyers, the panel did not specifically ask for Trump's tax returns.

The court has a 5-4 conservative majority that includes two Trump appointees: Neil Gorsuch and Brett Kavanaugh.

FAST TRACK

Both Trump cases are likely to be on a fast track, meaning that if the court decides to hear them, a ruling would be possible before the end of June, when its current term ends.

The court must decide whether to grant Trump's emergency application in the congressional subpoena case. If it refuses, the documents would have to be handed over to lawmakers. Five votes among the justices are needed to grant a stay request.

The House subpoena case is a test of how far Congress can go in investigating Trump and his business affairs.

If the Supreme Court ultimately rules in the case, it could set a major new precedent on the ability of Congress to investigate a sitting president. Similarly, in the New York case, Trump's lawyers have made a broad argument in favor of complete presidential immunity from criminal investigations - even if the president shoots another person - while in office.

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In 2016, Trump broke with a decades-old convention of presidential candidates releasing their tax returns. He has kept them secret since taking office.

Trump sued the House committee in April, arguing that its subpoena exceeded congressional investigative powers. A judge ruled against Trump in May, saying the documents might assist Congress in passing laws and performing other core functions.

Latest comments

Reading the reactions I m happy to see that there still are some sane Americans left. It is so simple... If he wants this to keep hidden so desperately, it has to have a reason. Or he cheated with his taxes, or he didn't pay any taxes like we all do or he is virtually bankrupt... that he wants to hide something is clear!
If there is suspicion  that a sitting President did not disclose foreign interests to the American public, then it is the duty of Congress to investigate.  The Congress was specifically given the obligation to be a check on Presidential authority in the Constitution, and that includes making sure that he is not forming foreign policy to meet his financial goals.  Congress checks the President people, this is sixth grade civics.
As long as those investigations limit to time in office...additionally it would be their duty to make sure a sitting pres is actually born in the USofA ...oh but wait a sec...hmmmm...like you said 6th grade
His tax returns would show the reason why he wants lower interest rates. Lives an extravagant life in debt, files bankruptcy when he cant pay. Pays nobody.
That's how Trumpet cares about America, not paying taxes and steal from them MACA hahaha
Still better then a kenyan as pres who's setting the country up for destruction
trump is such a strategist, he is keeping dems detracted with nonsense like this so then in 2020 he can show that they have done absolutely nothing but try to use criminal tactics to remove him from office. meanwhile, he is out there doing great, he has made significant progress despite nonstop obstruction and dems just yelling the same nonsense that lost them 2016. even if his financial records are disclosed it is going to be a big pile of nothing and it will not impact trump support in any way. the people who have been crying since 2016 already not voting for him, and this nonsense is just sending more moderates to trump's arms.
That’s because his base are a bunch of lemmings. Trump knows it, too. He’s just playing into their ignorance like a fiddle. Sad really.
He's desperately trying to hide something. If he's so perfect (and "the most transparent president ever") then why keep hiding his finances?
no he not. They don't need to know what he did like they didn't look at what past Presidents did before they became president . If the Democrats really cared they would have sued Obama who actually sealed his records.
Barry, why do you Trump lovers always bring up the past rather than offering a valid defense? Obama submitted his tax records, just like all other modern presidents except Trump. As for any non-tax financial records, there's more reason to check Trump's records (compared to any recent past presidents) because of the huge international business empire Trump owns. The point is not to "dig up dirt" but to make sure he doesn't have any major conflicts of interest that would cause him to make decisions, as president, that benefit him personally rather than what's best for the country. That would include any potential foreign entities which may hold leverage over him due to his international business dealings.
modern presidents have been releasing their tax returns and signing away their assets to an account or caretaker. Trump did not. plus there is a legitimate reason to investigate his finances when he has property in many foreign countries. also there are people in his election committee have been charged for being connected to foreign interference, and people connected to him are being investigated for donating foreign funds to his campaign. so theres plenty of reasons to investigate
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