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#51
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None of which has anything to do with the intentions of the writers of the law, or the morality of Trump hiding his tax returns. |
#52
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The law is simply the law. It requires no DOJ interpretation.
As for this: Leave that up to Trump. |
#53
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I'm asking this because I don't know, and a very quick Google search hasn't answered the question. |
#54
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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. |
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#55
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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. |
#56
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Steophan - when you first heard that Nixon claimed that he didn't have to turn over the White House tapes, and his DOJ argued that he had absolute executive privilege, did you assume that Nixon was in the right and he would win in court?
ETA: Also, when the Supreme Court ruled that demands by Congress for information must relate to a legislative purpose, did you assume that that controversy was related to Congress seeking documents or testimony from a co-equal branch of government? Do you know the context of that court case? Last edited by Ravenman; 05-09-2019 at 08:54 AM. |
#57
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As to the legality of Congress's demand, according to these 11 legal experts, the law is clear that Congress can demand and obtain these tax records, and there is no legal way to deny them: https://www.vox.com/2019/4/9/1829680...-legal-experts We'll see in the courts. Hopefully the courts are considering how they're viewed in terms of legitimacy; if Americans cease to have confidence that our courts are legitimate, then it doesn't really matter what the law says -- power becomes the only rule. Out of curiosity, why do you parrot the Trump administration, as if their assertions about law are necessarily correct? You obviously don't appear to be certain. But when you just say "Congress has no legitimate reason for asking for them", you're just parroting Trump. Why would you do that? Last edited by iiandyiiii; 05-09-2019 at 08:57 AM. |
#58
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There is no legitimate reason to withhold them. Quote:
Last edited by ElvisL1ves; 05-09-2019 at 08:56 AM. |
#59
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#60
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Why?
Seriously, stop giving these people the benefit of the doubt when it comes to honesty. They lie constantly, intentionally, shamelessly, and knowingly. They lie to the press. They lie to the public. They lie when they know their lies will be revealed days later. They lie about trivially observable reality. They lie and lie and lie and lie and keep fucking lying. Why would you doubt that he's lying? When you say "I doubt <insert Trump administratino figure here> is lying", I read that the same way as, "I doubt the sun will rise in the morning" - you'd better offer a damn good reason, or your pattern recognition skills have failed you quite thoroughly. Last edited by Budget Player Cadet; 05-09-2019 at 09:08 AM. |
#61
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And just how, pray tell, can Congress remove a president because he's incompetent? If there was a way to do so, Trump should have been out of office before the end of January 2017.
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#62
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And only one side is saying something that is consistent with what the law actually says. Just because you don't like a law, doesn't mean that you get to pretend that it doesn't exist. Laws don't work that way.
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#63
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(The right to abortion comes under constructive due process, btw). |
#64
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#65
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I still think it's extremely likely that the Supremes will side with Trump and the DOJ, and the demand will, in fact, turn out to be illegal. |
#66
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That's all well and good, obviously others disagree. At best, we've got a president who claims he did nothing wrong, but refuses to release exculpatory evidence to the oversight committee in violation of an apparently lawful request, and is prepared to take this refusal all the way to the supreme court in order to avoid having to clear his name. How Trump comes out of this looking better than congress is beyond me. |
#67
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"“Fundamentally, this is a question of Trump’s attitude toward taxes,” says Steve Rosenthal, senior fellow for the Urban–Brookings Tax Policy Center. “Does he believe that taxes are a shared responsibility? Or does he believe that taxes are a game of hide and seek?” And now we know the answer to that question, directly from Trump himself. Paying taxes is "a sport", one that presumably you can cheat to win at, just like Trump does with golf. Last edited by Euphonious Polemic; 05-09-2019 at 10:54 AM. |
#68
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On your scale of legitimate purposes, where does routine oversight of tax laws as they apply to the President rank in relation to a witch hunt for Communists? It sounds like lower, but I just want to be sure. |
#69
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leg·is·la·tive
/ˈlejəˌslādiv/ adjective having the power to make laws. "the country's supreme legislative body" synonyms: law-making, law-giving, judicial, juridical, jurisdictive, parliamentary, congressional, senatorial, deliberative, governmental, policy-making, administrative; rarelegislatorial "a legislative assembly" relating to laws or the making of them. "legislative proposals" relating to a legislature. There is no "non-legislative" activity in congress. It all has to do with lawmaking. We haven't written the laws yet, but does anyone doubt that the turnp administration will necessitate future lawmaking? |
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#70
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Regards, Shodan |
#71
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#72
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It's good to finally see you supporting presidential accountability. What brought you around?
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#73
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He is laboring under the impression that Harding was a Democrat.
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#74
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Musta been a Fox chyron.
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#75
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It was the aftermath of the HUAC situation that lead to the Supreme Court decision I referred to earlier, which placed limits on Congressional investigations, including that their job is not to investigate crimes. My opinion, ultimately, is that Congress should not be investigating allegations of crimes, and that it has avenues open to removing an unacceptable or incompetent President without needing to do so, and that any protections that President has against investigation or prosecution will end when that happens. The problem is, Congress does not agree that the President is unacceptable or incompetent. As for your actual question, as to which is worse, there's not much difference. In both cases, those being investigated were accused of being traitors with ties to Russia. The problem with HUAC is that it kept catching people who weren't communists, not with it's stated purpose. |
#76
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#77
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Trump is a terrible President and a terrible human being, that will get very little argument on this board. But in America as a whole, there's a huge amount of people who disagree. And if you want to successfully oppose them, or even understand what's happening, simply classing their worldview as beyond you won't cut it. |
#78
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I'll link again to the aricle from earlier, which goes into detail about this, but the short answer is that impeachment is not a criminal sanction, and so isn't treated the same - but Congress has made clear that this is not an impeachment investigation. In the specific case of Trump, Congress has the right to investigate whether he should be impeached, but does not have the right to take on the role of the executive or the judiciary and launch a criminal investigation simply because it doesn't like the jandling of the Mueller report. The main difference being that its oversight function is fundamentally negative - that is, it can remover someone by impeachment, but can't actively compel the exectutive to investigate something, or the judiciary to rule on it, and nor can it usurp those functions. It's supposed to be a check on the powers of the other branches, not a right to bring those powers in house. |
#79
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__________________
My new novel Spindown |
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#80
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#81
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Another point. They are not asking him to release his returns; only to allow them to look at them, in accordance with an explicit law. They would remain a closely guarded secret. Unless they became a basis for impeachment. |
#82
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#83
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There's a strong implication from people in this thread that Trump should be subject to an illegal or unconstitutional investigation because he's dangerous and evil. That's not a great precedent to set. |
#84
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Last edited by iiandyiiii; 05-09-2019 at 06:21 PM. |
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#85
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There you go being super confident again. Remember our exchange from a few posts up where you admitted you shouldn't do that?
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#86
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__________________
I promise it’s not as bad or as good as you think it is. |
#87
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Again, this is one of those baffling "so wrong it drives me to drink" statements. There seem to be an awful lot of those flying around with regards to Trump. Wonder why. |
#88
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No there isn't. Right now Trump and those in his sway are obstructing a legal and constitutional investigation. And further, by refusing the tax information, actively breaking the law. There's the illegal part.
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#89
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Really, there are two things that can happen now. Either the IRS supplies Trump's tax returns, hets sued by Trump, and the Supremes eventually decide whether it was legal, or they don't, and the Supremes eventually decide whether they have to. The best solution for the IRS is to not provide them until the matter is decided, as if they do provide them and it turns out to have been illegal, that can't then be reversed. |
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#90
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So, a Supreme Court ruling that Congress should not be investigating crimes is "so wrong it drives you to drink"? That ruling has stood for over 100 years, so it's not a recent partisan ruling.
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#91
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So why is OK for congress to disobey the law? Because you don't like Trump? If you actually believe that, you're as bad as him. |
#92
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__________________
My new novel Spindown |
#93
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Congress has held investigations of Trump’s collusion with Russia, Benghazi, gunwalking, a blowjob and coverup, Iran Contra, Watergate, and so much more. You’re clearly living on some other planet. |
#94
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Alternatively, have the fucking balls to say that you want Trump gone by any means that people can get away with, and that you're prepared to accept the damage to your institutions that will cause. But don't just say it can't possibly be illegal because... well, actually, no-one's yet given a "because". |
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#95
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Supreme Court rulings, laws, customs, precedents, articles by lawyers, all the stuff I've cited.
Where do you get yours from? |
#96
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I suppose the current Congressional investigation is as justified as the investigations into Obama's ancestry or Clinton's debauchery. The stupid thing is, if the House had framed this as an impechment rather than criminal investigation, these questions wouldn't have arisen, but they have emphatically said it isn't. So, they need a legitimate legislative purpose for seeing his tax returns. What is it?
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#97
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This is a sovereign citizen level of cognitive dissonance, I'm not sure how to respond. I'm out. |
#98
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We're not in the pit? OK. Then, Bless Your Heart. |
#99
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#100
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Non-imaginary sources.
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