Posted on May 10 2019
I decided to take some well over due time off. Did I miss anything? <snort>
Happy Friday...here’s your subpoena
The Chairman of the House Ways and Means Commmittee’s statement upon issuing today’s subpoena to Treasury Secretary Mnuchin, which reads in part:
Last month, the Ways and Means Committee began an investigation into the mandatory audit program at the IRS in an effort to assess the extent to which the IRS audits and enforces the federal tax laws against a sitting President and to determine if those audits need to be codified into federal law. As part of that inquiry, on April 3, I requested six years of the President’s personal and business tax returns, pursuant to my authority under section 6103(f) of the IRS Code. I believed then, as I do now, that reviewing the requested documents is a necessary piece of the committee’s work.
Chairman Neal’s statement goes on to state:
“Unfortunately, the Treasury Department and the IRS have denied my reasonable request. Despite the agency’s denial, we on the Ways and Means Committee are still moving forward with our inquiry. After reviewing the options available to me, and upon the advice of counsel, I issued subpoenas today to the Secretary of the Treasury and the Commissioner of the IRS for six years of personal and business returns. While I do not take this step lightly, I believe this action gives us the best opportunity to succeed and obtain the requested material. I sincerely hope that the Treasury Department will furnish the requested material in the next week so the committee can quickly begin its work.” (Emphasis Added)
I’m actually glad to see that todays subpoena correctly states Trump’s Bedminster Property as its Lexington Farm Club dba Trump National Golf Club Bedminster
And let’s be clear, this isn’t a capricious or ill thought out strategy by the House Chairman. Conversely Trump’s own actions, specifically his pernicious tweets may in fact be used against Trump. The notion that Trump has issued a blanket and arguably ubiquitous “you can’t make me” argument. This is why when I’ve previously stated we are literally two subpoenas away from an actual Constitutional Crisis. Because Trump believes he’s above the Rule of Law and OUR Constitution. He is not and thusly I’d expect the Courts to uphold the Rule of Law. You can read Chairman Neal’s full statement here.
Concurrently as many of you know Trump sued Mazars, his long time accounting firm. The Judge fast tracked that lawsuit and a May 14th Hearing has been set. It is interesting to me that last year I casually mentioned “Mazars” and that Congress should take a closer look, see Archive here (also super weird that I can only find this archive in Arabic). I am also going to point out in November of 2018 I gave you a recitation Of §6301 and the power the Chair of the House Ways and Means Committee has, See Active here.
What’s equally interesting is Trump’s legal team asserts the AICPA’s rules of “professional conduct” (found here), but truncated their argument, completely overlooking page 108 which reads in part:
b. Disclosure is required by law, for example, to
i. comply with a validly issued and enforceable subpoena or summons or
ii. inform the appropriate public authorities of violations of law that have been discovered.
As previously mentioned in Case No. 19-cv-01136 (APM), on May 9, 2019 Judge Mehta issued this two page order, it’s rather narrow in scope. Whereas the Court intents limit their ruling on this singular question of “legislative authority”...
The sole question before the court—Is the House Oversight Committee’s issuance of a subpoena to Mazars USA LLP for financial records of President Donald J. Trump and various associated entities a valid exercise of legislative power?—is fully briefed, and the court can discern no benefit from an additional round of legal arguments. Nor is there an obvious need to delay ruling on the merits to allow for development of the factual record.
Trump is also suing Deutsche Bank, see entry here. Again this becomes a true test of our Institutions. When the Executive and Legislative Branch are engaged in a power struggle then it’s incumbent upon the Judicial Branch to settle the dispute. The real issue, in my view is there’s ZERO doubt that Donald J Trump is a vexatious litigant and at every turn this POS will fight and equivocate. The question remains: Is Donald J Trump above our laws and our Constitution? I would submit no, he is not.
I would also expect that House Democrats will move to bundle Contempt Of Congress proceedings, forthwith. Because one could argue that the IRS Commissioner and Secretary Mnuchin are in fact in violation of the IRS Tax Code §6103 and Trump’s offensive strategy of unprecedented Obstruction means Congress has a duty to fight back. Part of that fight should be pull the trigger on Inherent Contempt and start locking up Trump Administration “Officials” who refuse to comply with Congressional Subpoenas and investigations. See Contempt Of Congress entry here.
But this might make for a decent exercise in my Dual Sovereignty’s will play a critical and vital role...during the Trump Regime. As some of you may already know the State Of New York flexed her muscles. On May 8, 2019, the State Of New York’s Senate issued the following press release after two bills passed their chamber. Their Press Releass reads in part (See full entry here)
(Albany, NY) The Senate passed legislation today that will have a major impact, nationally and in New York State, by holding President Donald Trump accountable. The bills passed by the Senate allow New York State to release any state tax returns requested by Congress and authorize state authorities to prosecute someone even if they receive a presidential reprieve, pardon or other form of clemency.
The legislation advanced by the Senate Majority includes:
- Trump Taxes: This bill, S.5072-A, sponsored by Senator Brad Hoylman, will allow New York State officials to release state tax returns in cooperation with Congressional investigations by authorizing the Commissioner of the Department of Taxation and Finance to furnish state tax returns upon written request of the chairperson of the U.S. House Ways & Means Committee, the U.S. Senate Finance Committee, or the Joint Committee on Taxation.
Double Jeopardy: This bill, S.4572, sponsored by Senator Todd Kaminsky, will allow New York state prosecutors to bring charges against people who have received presidential pardons, or other forms of clemency, in certain circumstances. This bill only applies in situations where the President had a conflict of interest in the case; for example, where the person pardoned is related to the President, or had previously worked for the President.
Here’s one thing I know to be true no one is above our laws and our Constitution, no one. And that includes Donald J Trump, who’s proven over and over he’s a liar, a criminal, a fraud and has zero respect for our laws or our Constitution. Enough is enough and I’m tired of Trump acting with impunity.
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