Pure Politics: the Demand for Trump’s Tax Returns
November 22, 2022
The U.S. Supreme Court recently decided not to take up President Trump’s appeal regarding his plea to avoid his tax returns being given to the Democrat-controlled House Ways and Means Committee. Or as the ABC News headline incorrectly characterized it: the court “rules Donald Trump must turn over taxes…”
Actually, the court made no ruling at all. It declined to hear the case, lifted the temporary stay that was granted on November 1, 2022, and did not offer an explanation, as is customary. As previously argued, politicians should not have to turn over their tax (or medical) records to anyone - except when required as part of a legitimate civil or criminal proceeding.
To those who have been beside themselves, such as Vice President Harris, about an activist conservative court following the Dobbs decision overturning Roe v. Wade, perhaps this development will help avoid further needless dehydration via hyper-political exasperation.
There is no law requiring politicians, aspiring or incumbent, to produce tax records. It is an entirely media-created phenomenon that took root in the 1970s following Watergate. The media likes to portray this as in the public interest but it is really in their interest to obtain these records and to create more news (a.k.a. more business). Due to the media’s needs and influence, we have come to believe that such records must be provided, dadgummit!
Financial/medical privacy was going to be the basic point – until I learned more about this appeal. Those who are all consumed by Trump may already be aware, but the justification for the House Ways and Means Committee subpoena for Trump’s tax records was not to uncover tax or financial fraudulence. It was to consider “legislative proposals” and conduct “oversight related to our Federal tax laws.”
Wow. Does anyone, anyone at all, actually believe that? Not really. Even the BBC thinks the stated purpose is pointless now (like it ever was) but there may be time to unearth “unusual or potentially improper accounting” and leak the returns to the public, which “many assume, was the real motive behind the request.” Exactly.
This Congressional subpoena is obviously and clearly politically motivated. But one expects that from Congress. It is full of politicians. That’s what they do. It matters not whether any such subpoena for a President’s tax records is by a group of politicians from the same or the opposing party, or the same or different branch of government. It is purely political (ok maybe 98% so). It is not proper nor is it right. Such investigations should be left to the appropriate civil and criminal authorities, not that anyone trusts these anymore either.
But, one may point out, the subpoena does not require or compel President Trump himself to turn over the records – it is directing the Internal Revenue Service to produce the records thereby saving Trump the trouble! (Or the legal wrangling that would ensue when he refuses). The IRS is part of the executive branch controlled and managed by the President and the head of the IRS is indirectly appointed by President Biden through Treasury Secretary Janet Yellen. Ugh, not good.
It appears that either people are not aware of the fabricated justification of the House Ways and Means Committee (like I was) or people are comfortable/pleased that the Committee prevailed. To the latter group: is the ability to put oneself in the other person’s shoes lost? The standard should always be: take the scenario that you like, switch all the names, groups, and identities around, and see if the policy or judgment is still to one’s liking. Just imagine a Republican committee subpoenaing President Obama’s financial records to help it consider policies on equity. Still comfortable?
The Supreme Court, like the three-judge panel and the full bench of the DC Circuit Court before it, upheld the Committee’s subpoena. There is long-standing precedent for congressional subpoenas which presumably these courts deferred to, but that doesn’t make it right. There are lots of things that are constitutional that are not right or proper. Congress and state legislatures fill the gap with laws. Unfortunately, Congress failed the people on this one. It’s not the first time and it won’t be the last.