Nel's New Day

May 20, 2019

Watch DDT’s Stonewalling Crumble

 

Personal issues have kept me from writing the past week, but today’s news is so outstanding that I couldn’t resist writing about it. (Within the next few days, I’ll catch up on last week’s news.)

Dictator Donald Trump (DDT), who is frantically trying to hide all his personal affairs from the public, lost big in court for a beginning fight with Congress. A federal judge upheld a subpoena from the House Oversight Committee for eight years of DDT’s tax returns from his accounting firm, Mazars USA, and rejected arguments from DDT’s lawyers that Congress has no power to obtain the files. These records could show financial misconduct by DDT and his associates.

The judge’s ruling is in accord with opinion from the Supreme Court that Congress has the power to collect “needed information” as a fundamental “attribute of the power to legislate” for the constitutional authority to Congress for all “legislative Powers.” The Constitution also bans courts from interfering with congressional subpoenas issued for legitimate legislative purpose. Courts cannot search for some covert illicit motive from Congress. The judge stated that the House Oversight Committee met this low hurdle.

The Oversight Committee listed four reasons to investigate DDT’s finances:

Accurate finance reporting to the Office of Goverment Ethics to help Congress determine “whether reforms are necessary to address deficiencies with current laws, rules, and regulations.” That goal clearly “falls within the legislative sphere.”

Complying with the Constitution’s foreign emoluments clause that bars a president from accepting gifts from foreign governments without congressional consent.

Failing to disclose “conflicts of interest that may impair his ability to make impartial policy decisions” regarding legislation about ethics of government officials.

Engaging “in illegal conduct before and during his tenure in office.”

The judge noted that the Watergate scandal led to new legislation, including laws on transparency and oversight. DDT’s argument, he wrote, “flies in the face of decades of legislation covering the President.”

In his 41-page ruling, the judge wrote:

“It is simply not fathomable that a Constitution that grants Congress the power to remove a President for reasons including criminal behavior would deny Congress the power to investigate him for unlawful conduct—past or present—even without formally opening an impeachment inquiry.”

In opposition to the argument from DDT’s lawyers that Congress was usurping the DOJ’s powers to investigate “dubious and partisan” allegations of private conduct, the judge said that a congressional investigation into illegal conduct before and during a president’s time in office fits “comfortably” with Congress’s broad investigative powers, which include an “informing function,” or the power to expose corruption.

The judge also wrote that the House Oversight Committee had “facially valid legislative purposes” for its subpoena:

“It is not for the court to question whether the Committee’s actions are truly motivated by political considerations.”

The judge refused a stay until DDT’s lawyers can appeal his finding. He gave them seven days for an appeal, and Mazars has seven days to turn over DDT’s tax returns. The judge wrote:

“The court is well aware that this case involves records concerning the private and business affairs of the President of the United States. But on the question of whether to grant a stay pending appeal, the President is subject to the same legal standard as any other litigant that does not prevail.”

DDT keeps complaining about how no other president has ever faced this situation, but DDT is unique in never having disclosed his tax returns, declining to divest from his extensive business dealings including those with foreigners abroad, and refusing to put his assets in a blind trust. His former lawyer Michael Cohen has testified under oath about DDT’s fraudulently inflating and deflating the same assets’ value to benefit his business transactions.

The judge opened by comparing DDT’s lawsuit to President James Buchanan’s similar effort to block an investigation into his affairs and noted that DDT has “taken up [Buchanan’s] fight.” The judge reported that he declined to put his ruling on hold while DDT appeals because the president failed to raise a “serious legal question going to the merits.” James Buchanan, one of the country’s worst leaders who blamed for failing to prevent the Civil War, also whined about about “harassing” congressional inquiries. The judge also pointed out that Congress began its investigation into Bill Clinton before he entered the White House and noted:

“Congress plainly views itself as having sweeping authority to investigate illegal conduct of a President, before and after taking office. This court is not prepared to roll back the tide of history.”

In another attempt to hide from House investigation, DDT ordered former White House counsel Don McGahn to ignore a subpoena to appear before the House tomorrow to testify about his interviews with Robert Mueller for his investigation. No longer employed by the government, McGahn is the second after Mazars to test DDT’s success in his demand to resist “all” subpoenas by House members. Earlier, McGahn followed White House directions when he defied a subpoena by refusing to provide documents shared with Mueller relevant to the House inquiry into potential abuses of power.

The DOJ has provided a 15-page opinion stating that McGahn cannot be forced to testify, but it uses no case law to support the opinion. Instead, it is based on past DOJ legal memos. DDT is claiming “executive privilege” to keep the House from obtaining any information, but this privilege can’t be used to hide potential evidence of a crime.If the House holds McGahn in contempt of Congress for not appearing before the House Judiciary Committee, as Chair Jerrold Nadler (D-NY) has threatened, McGahn could face disbarment.

The claim from DDT’s lawyers that other administrations have given senior aides “absolute immunity” resulted in failure by other administrations. A judge appointed by George W. Bush ruled that W.’s former White House counsel, Harriet Miers, could not reject a subpoena, and W. didn’t appeal the ruling. One of President Obama’s appointed judges ruled against privilege for documents whose “sum and substance” were already revealed in a public inspector general report.

On Wednesday, the House Intelligence Committee will vote whether to enforce its subpoena for the release of still-redacted portions of Mueller’s report and certain underlying materials. That day, DDT, his three eldest children, and his company go to court in an attempt to block a subpoena from the House Financial Services Committee for DDT’s bank records from Deutsche Bank AG and Capital One as well as documents related to “possible money-laundering by people in Russia and Eastern Europe.”

New revelations show that DDT’s and Jared Kushner’s accounts at Deutsche Bank were flagged in summer 2016 for possible money laundering transactions but not turned over to authorities. After money in Kushner Companies was moved to Russians, “a suspicious activity report” and supporting documents were moved to Deutsche’s private-banking division in New York where managers have a relationship with Kushner. The same situation occurred with DDT’s transactions. No information was filed with the Treasury Department, as law requires. The person reporting the suspicious activity was first told to ignore it and was then fired after she pursued it.

In 2004, despite knowing that DDT inflated his net worth, Deutsche Bank lent DDT over $500 million to build a 92-story building in Chicago. The bank also were told DDT had “worked with people in the construction industry connected to organized crime.” Ten years later, the bank was willing to massively exaggerate its vouching that DDT’s net worth was $8.7 billion for him to buy the Buffalo Bills.

With a history of corruption, Deutsche Bank paid hundreds of millions in penalties and is now required to increase its efforts to prevent illicit activities.

The House Intelligence Committee released transcripts of Michael Cohen’s private interviews, including how DDT’s lawyers told him to lie to Congress in his testimony. A person with ties to DDT also suggested Cohen could be pardoned for his discreet testimony. Details here.

While DDT is trying to avoid subpoenas and transparency about his affairs, Rep. Justin Amash (R-MI) has infuriated Republicans by being the first GOP legislator to claim that DDT “engaged in impeachable conduct” based on the Mueller report. GOP House Minority Leader Kevin McCarthy (R-CA) then smeared and lied about Amash, who does ask questions in hearings. At least 68 percent of Amash’s votes are with DDT. Conservatives are now peddling the conspiracy theory that Amash plans to run against DDT for president in 2020.

Amash’s Twitter thread provides background for his position, including his claim that DDT’s fixer AG Bill Barr had “deliberately misrepresented” the findings. Amash pointed out that “few members of Congress even read Mueller’s report.” He tweeted:

“When loyalty to a political party or to an individual trumps loyalty to the Constitution, the Rule of Law—the foundation of liberty—crumbles.”

We hope that liberty will cause DDT’s stonewalling to crumble. [Thanks to Cynthia Cox Cottam for the above image.]

[Note: Those who wish to read more about the news above and/or factcheck the material may wish to use the links.]

Leave a Comment »

No comments yet.

RSS feed for comments on this post. TrackBack URI

Leave a Reply

Fill in your details below or click an icon to log in:

WordPress.com Logo

You are commenting using your WordPress.com account. Log Out /  Change )

Google photo

You are commenting using your Google account. Log Out /  Change )

Twitter picture

You are commenting using your Twitter account. Log Out /  Change )

Facebook photo

You are commenting using your Facebook account. Log Out /  Change )

Connecting to %s

Civil Rights Advocacy

Never doubt that a small group of thoughtful, committed citizens can change the world. Indeed, it is the only thing that ever has. -- Margaret Mead

AGR Daily 60 Second News

Transformational News; What Works For Seven Future Generations Without Causing Harm?

JONATHAN TURLEY

Res ipsa loquitur - The thing itself speaks

Jennifer Hofmann

Inspiration for soul-divers, seekers, and activists.

Occupy Democrats

Progressive political commentary/book reviews for youth and adults

V e t P o l i t i c s

politics from a liberal veteran's perspective

Margaret and Helen

Best Friends for Sixty Years and Counting...

GLBT News

Official news outlet for the Gay, Lesbian, Bisexual, and Transgender Round Table of ALA

The Extinction Protocol

Geologic and Earthchange News events

Central Oregon Coast NOW

The Central Oregon Coast Chapter of the National Organization for Women (NOW)

Social Justice For All

Working towards global equity and equality

Over the Rainbow Books

A Book List from Gay, Lesbian, Bisexual, and Transgender Round Table of the American Library Association

The WordPress.com Blog

The latest news on WordPress.com and the WordPress community.

%d bloggers like this: