Tuesday, May 21, 2019

Don't Let the Law Get in His Way

 This article from Atlantic is a good read. I know, I know, we are all up to here with the outrageous things Trump does. That works to his advantage. Even the subject of this article will disappear  with the Twitter cycle. His plans to pardon a phalanx of war criminals for Memorial Day (may as well do a posthumous job for Goebbels and Himmler while he is at it) will rise. And they will fall to his plan to hijack A Capitol Fourth and turn the event into Triumph of the Donald. (Leni, where are you, now that he needs you?)
 But while we are here, it is worth pausing to note that breaking laws has become standard operating procedure for Costa Lago Nostra. A section from the Atlantic piece by Garrett Epps:

 ... 26 US code § 6103(f)(1) ...  reads: “Upon written request from the chairman of the Committee on Ways and Means of the House of Representatives, the chairman of the Committee on Finance of the Senate, or the chairman of the Joint Committee on Taxation, the Secretary [of the Treasury] shall furnish such committee with any return or return information specified in such request,” subject only to a requirement that the return be considered in closed session.
 Served with a proper demand by Representative Richard Neal, the Ways and Means Committee chair, Treasury Secretary Steven Mnuchin responded, “I have determined that the Committee’s request lacks a legitimate legislative purpose,” and that he therefore would not comply.
Let’s begin at the beginning: To paraphrase Joe Pesci in My Cousin Vinny, Section 6103 is what we lawyers call a “statute.” It was adopted by Congress as part of the Tax Reform Act of 1976. The final Senate vote on the bill was 81–1; in the House, it was 405–2. It was signed by President Gerald Ford (for those scoring at home, a Republican). Under the United States Constitution, Article VI, Section 2, it, like all statutes, is “the supreme law of the land.” It contains no provision requiring a “legislative purpose” at all. That’s not an oversight. Congress isn’t always legislating. It has other functions; one of them is to investigate officials and even private citizens, which has been part of Congress’s mission since its 1790 inquiry into the financier Robert Morris’s management of federal revenue during the Revolution.
 The incumbent brings us something new under the sun almost every week. But the substitution of himself  for the law should give us all a little extra cause for concern this week.

6 comments:

  1. Just by way of an enjoyable little tidbit. There may be karmic justice after all.

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  2. thanks! yummy tidbit, a bit of pickled herring on a saltine.

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  3. It's just an interesting political dynamic. His political enemies and assorted other not-well-wishers (of which I guess I am a card-carrying member) believe that he his tax returns include breadcrumbs to all sorts of chicanery and fraud. Whereas his base presumably agrees about the breadcrumbs, but they they don't care; and they get some sort of runner's high, or head rush, or something similar, from seeing him Stick It To The Man (even though he is The Man now?) by not releasing his returns.

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  4. The NYTimes stories back a few weeks were based on his NYState tax returns showed he wasn't as rich as he claimed. Not a crime. Just a lie! There may have been other tidbits...charitable giving! dubious deductions, etc. I think what might show up in some form is the "money laundering" suspicions raised by regulators at Deutsche Bank and suppressed by bank officers. Probably a crime and if the laundering involved Russia raises once more the issues of collusion...

    But I agree much of this is breadcrumbs as long as he is president. What may be harder to predict is whether any of this refusal will become a precedent when Maduro, or his kind, becomes president of the U.S.

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  5. We don't need what the congressional committees are looking for to know he is a liar. We don't need the committees to tell us he is a four-flusher. We don't need the committees to tell us he is temperamentally unfit to be president. But now we don't need the committees to tell us he breaks the law because he is breaking laws in plain sight.

    The Victorian gentlemen assure us that this is complicated, and it has to be settled by the courts. The both-siders bring on Republicans to say it's all ancient history (including this morning's blogs). But it ain't. The guy is flat-out breaking all kinds of laws to maintain his position. What kind of leader does that?

    And what happens if Trump ever finds out that his re-election in 2020 will still force him out of office in 2025? He can't afford to leave then. But he can get away with breaking the law. I mean, if he called off an election, it would be complicated and have to go to the courts, and the Republican spokesbabblers would tell us it's past history and time to move on.

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  6. Tom, I think you're right that disregard for laws weakens our civic bonds. Maybe it's as corrosive as the rampant disregard for the truth.

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