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Old 05-09-2019, 07:49 AM
Steophan is offline
Join Date: Jul 2010
Location: Nottingham
Posts: 9,020
Originally Posted by bobot View Post
The law is simply the law. It requires no DOJ interpretation.
The law always requires interpretation, that's why lawyers and judges exist.

That Congress has the power to subpoena tax returns does not mean they can do so when it's illegal for them to do so, and the Supreme Court has held that there must be a legitimate legislative purpose before they investigate private financial affairs, and also that any demand for information must be for a legitimate Congressional task, which does not include investigating crimes. This article goes into much more detail, with cites to the rulings.

A further article from the same site, but by a different lawyer, claims that the law has not been tested by the courts, and so it is far from clear that these precedents do not apply.

In short, the legal situation is not as clear cut as people are making out, and will almost certainly need to be decided by the courts. Which, with the current Supreme Court, means it will be decided in Trump's favour.

None of which touches on the question of whether Trump's tax returns should be revealed. My personal opinion is that it's pretty much irrelevant, and that Congress should use the avenues available to it to remove Trump via impeachment or incompetence, or failing that ensuring there's a better candidate in 18 months time. Then he can be investigated fully for the alleged crimes without hindrance.