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Old 05-09-2019, 08:42 AM
steronz is offline
Join Date: Feb 2007
Location: Oh-hiya-Maude
Posts: 5,204
Originally Posted by Steophan View Post
What pending legislation will seeing Trump's tax returns affect? If this law is meant to allow Congress to investigate and oversee the Executive, it seems that only allowing it for legislative purposes is a bad way of doing it.
The part that your missing is that the law doesn't "only allow it for legislative purposes." That's the part that Mnuchin and the DOJ are pulling out of thin air. The law makes no mention of any purpose, need, requirement or whatever. It just says congress can ask, and the treasury department shall deliver, full stop. And if you read up on the history of the law, the debates that were had, the language that was considered, you'll realize that the fact that it doesn't require any reason was entirely intentional.

What Sec Mnuchin (and apparently the DOJ) are going to argue, here, is that the law is unconstitutional because congress shouldn't have such broad powers to view tax information, and hope that SCOTUS throws it out. I don't see how they'll get past a plain reading of the text but I'm not a lawyer. But if you're going to continue to argue in favor the Trump administration here, you need to understand two things -- one, congress has the upper hand because of the plain language of the law, and two, the administration's defense is a hail mary pass straight to SCOTUS, because the law is not on their side.

Last edited by steronz; 05-09-2019 at 08:43 AM.