The Supreme Court will not allow Congress to access President Trump’s tax returns. For now at least as the case has been remanded to the lower courts.
This is a big win for Trump and for the separation of powers.
In Trump v. Mazars, Trump wins this stage of dispute over congressional subpoenas to lenders and accountant for president’s financial records as #SCOTUS, 7-2, sends case back to lower courts to take account of separation of powers concerns
— SCOTUSblog (@SCOTUSblog) July 9, 2020
In the case of Trump v. Mazars, LLC the court ruled.
“In Mazars, the District Court granted judgment for the House and the D. C. Circuit affirmed, finding that the subpoena issued by the Oversight Committee served a valid legislative purpose because the requested information was relevant to reforming financial disclosure requirements for Presidents and presidential candidates. In Deutsche Bank, the District Court denied a preliminary injunction and the Second Circuit affirmed in substantial part, holding that the Intelligence Committee properly issued its subpoena to Deutsche Bank as part of an investigation into alleged foreign influence in the U. S. political process, which could inform legislation to strengthen national security and combat foreign meddling. The court also concluded that the subpoenas issued by the Financial Services Committee to Deutsche Bank and Capital One were adequately related to potential legislation on money laundering, terrorist financing, and the global movement of illicit funds through the real estate market.
Held: The courts below did not take adequate account of the significant separation of powers concerns implicated by congressional subpoenas for the President’s information. Pp. 7–20.
CNBC noted about the Mazars case:
The congressional cases involved subpoenas issued by Democratic-led committees of the House of Representatives, which sought financial records from the president’s longtime accounting firm Mazars USA as well as his banks, Capital One and Deutsche Bank.
“This case is different,” Roberts wrote in the opinion handed down Thursday. “Here the President’s information is sought not by prosecutors or private parties in connection with a particular judicial proceeding, but by committees of Congress that have set forth broad legislative objectives.”
“Congress and the President—the two political branches established by the Constitution—have an ongoing relationship that the Framers intended to feature both rivalry and reciprocity,” Roberts wrote.
The House Oversight Committee sought out the information in connection with investigations into claims made by the president’s former lawyer Michael Cohen that Trump inflated and deflated his assets to suit his needs.
In the case of Trump v. Vance, the Supreme Court ruled against President Trump.
This was a major blow to President Trump, presidential Immunity.
The Supreme Court has ruled that the Manhattan district attorney can subpoena and can have access to Trump’s tax returns and financial records.
💥 BREAKING: TRUMP LOSES SUPREME COURT BATTLE WITH NEW YORK PROSECUTOR OVER HIS TAXES AND FINANCIAL RECORDS
— Steven Mazie (@stevenmazie) July 9, 2020
Supreme Court says Manhattan district attorney can get Trump tax records https://t.co/1urUIc6EKf
— CNBC (@CNBC) July 9, 2020
This case was remanded back to the District Court where President Trump will be able to raise further arguments. Essentially keeping the case tied up in court.
Roberts notes, in a footnote, that the “daylight between our opinion” and the Thomas “dissent” is “not as great as that label might suggest.” “We agree that Presidents are neither absolutely immune from state criminal subpoenas nor insulated by a heightened need standard.” Here’s some key language: “We agree that Presidents may challenge specific subpoenas as impeding their Article II functions.” “And although we affirm while Justice Thomas would vacate, we agree that this case will be remanded to the District Court.”
CNBC noted about the Vance Opinion:
Both cases were decided 7-2, with Chief Justice John Roberts authoring the court’s opinion and joined in the majority by Justices Ruth Bader Ginsburg, Stephen Breyer, Sonia Sotomayor, Elena Kagan, Brett Kavanaugh and Neil Gorsuch. Justices Clarence Thomas and Samuel Alito dissented in both cases.
…“In our judicial system, ‘the public has a right to every man’s evidence.’ Since the earliest days of the Republic, ‘every man’ has included the President of the United States,” Roberts wrote in the New York case.
That case stemmed from an investigation being pursued by Manhattan District Attorney Cy Vance Jr. Vance issued a subpoena to Trump’s longtime accounting firm, Mazars, for a wide variety of Trump’s personal and business records, including tax returns, dating back to 2011.
**This story is BREAKING. Continue to check back with TTN as more information becomes available.**
What in the hell does a mans taxes have to do with him being president just some more BULLSH**. If he has not complied with tax reporting then it would be up to the IRS not somebody who has a HATE VENDETTA by some PINK-O-COMMIE COURT.
Paul — could not have said it better !!!! Exactly right .
Trump’s tax returns are nobody’s business except the IRS not even the SCOTUS. Just more demoTRASH BS to keep stirring the pot. Put it to rest and get on with bringing this country back to life.
Funny,
TTN says this is a big victory for the President, Nobody else, including the President, is.
The reason it is a big win for Trump is because nobody will be looking at his tax records (and lying about them) before the November election; not under any circumstances.
Income tax returns historically have been “guaranteed” to be private transactions between the taxpayer and the agency. If the Supreme Court eventually rules that a president’s tax return is available to other agencies, all government employee tax returns should be available to all agencies. They’re either private or they are not.
If they’re not private, perhaps it’s time to find an alternative method for funding government operations. Many bills that provide viable alternatives have been shelved by congress. Many other ideas have been proffered on the floor. Nothing will move this notion along until tax returns for those who profit handsomely from government service are made public.
I was under the impression that our IRS has the responsibility to monitor our tax records . When a person files their taxes and sees something questionable they Audit our taxes. If this is true, the IR can charge the filer with Tax Fraud or demand financial restitution. If Trump filed taxes fraudulently then the IRS would know it . If Trump is still doing something questionable, doesn’t the Congress have the right to request a Audit by the IRS. Didn’t the nation use the IRS to take Al Capone to court and find him guilty? How many Organized Crime Criminals were put behind bars for Tax Evasion? Isn’t this push to get Trump’s tax records too little, to late at this point. I am reminded of Obama’s vetting to become President . No one ever questioned his citizenship, knowing his father was not a citizen of the US. Obama had to supply a forged Birth Certificate to end the controversy. The hospital on this certificate did not exist when Obama was born in Hawaii. Did this even matter to the voters? Again too little, too late. Every sane voter knows by now that even the Party that elected him hated Trump when he won the election. No candidate for government should come from the ranks of the private citizens and become our US President. Even Lincoln had support of his Party. The Will of the People got Trump elected. The Will of the People got Obama elected. Calling Trump’s victory to win the Presidency invalid is a INSULT to everyone who voted. The Socialist Democrats, the “Never Trumpers”, and Mainstream Media crossed a line they should have never crossed. When the people no longer has a voice in their government, they no longer have a “Government for and by the people”. They have a government where the politicians dictate policy, not the people with their votes.
Don’t worry, someone in New York will leak, that’s what demonrat leakers and liars do. So far not a single leaker in this administration has been brought to justice, not anyone that perpetuated the coup.
Darn I almost wished that it would pass (end sarcasm) That way even Democrat’s would have to show their tax returns as well. Wonder what Schumer, Omar, Smellosi even AOC got under the covers.