House Democrats lose bid to fast-track Trump tax return lawsuit
S E E D E D C O N T E N T
© Reuters/Tasos Katopodis FILE PHOTO: U.S. President Donald Trump returns after travelling to the AMVETS convention in Kentucky, at the South Lawn of the White House in Washington
WASHINGTON (Reuters) - A U.S. judge refused on Thursday to fast-track a congressional lawsuit seeking to force disclosure of President Donald Trump's federal tax returns, saying it was a complicated and important matter that should not be rushed.
U.S. District Judge Trevor McFadden in Washington said in a written order that under U.S. law, there was "only a narrow set of cases that must skip to the front of the line," and that the House of Representatives Ways and Means Committee had not shown its lawsuit was one of them.
McFadden said that while he was not prejudging the case, Trump's defenses "seem unlikely to be so trivial as to justify a rush to the merits of the case."
In an Aug. 20 filing, the Democratic-led House Ways and Means panel said that "time is of the essence" in resolving the case it brought last month seeking to compel the Treasury Department to hand over years of the Republican president’s individual and business federal tax returns.
In the filing, lawyers for the committee said the current Congress would end on Jan. 3, 2021, and that a prompt resolution of issues in the case was needed to give the committee enough time to investigate Trump's tax returns and pass any legislation in response.
Justice Department attorneys, in coordination with Trump's personal lawyers, had proposed a staged approach to hearing arguments in the case that drew objections from the House panel's legal team.
The committee filed the lawsuit after Treasury Secretary Steven Mnuchin defied congressional subpoenas seeking the returns, despite a federal law that says the department “shall furnish” such records on request.
The lawsuit began what is widely expected to be a lengthy legal battle likely to end in the U.S. Supreme Court.
The Justice Department said in an advisory legal opinion in June that the committee lacked a "legitimate legislative purpose" in seeking Trump's tax returns, and that Mnuchin therefore did not violate the law by refusing to provide them.
One of Trump's personal lawyers, Jay Sekulow, called the committee's efforts "presidential harassment" last month.
Before Trump, modern U.S. presidential candidates customarily disclosed their tax returns during their campaigns.
Ways and Means is one of half a dozen House committees conducting investigations involving Trump and his administration.
The White House is refusing to cooperate with most of them, setting up several legal battles unfolding in the courts.
(Reporting by Jan Wolfe; Editing by Peter Cooney)
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Because previous candidates and Presidents have offered their tax returns, does that mean ALL must do so? It certainly isn't a Constitutional requirement.
Were previous candidates and Presidents under criminal investigation for tax fraud?
What criminal investigation? Might you be referring to the New York Times article in Oct 2018? Well, even the Times admitted that the line between legal tax avoidance and illegal tax evasion is blurry. New York prosecutors rushed to open investigations into the Trump Organization. However, there is a statute of limitations for criminal tax fraud charges. In New York it's five years, and Federal it's three to six years. New York can try to seek back taxes and civil penalties from 15 to 20 years ago...and proving intent, well, good luck.
As a retired Financial Analyst for a small business, it is fair to say that many business owners can and do blur the lines. Amazon and Apple probably blur the lines as well. That's not to say they don't pay any taxes...they do, but is it a 'fair share'? No, because our tax laws have wonderful loopholes that allow businesses to 'blur the lines'.
Now, is that a legal reason to request personal and business tax returns? Nope.
Same agency that put Cohen in jail and named Trump as an unindicted co-conspirator.
Former Trump fixer Michael Cohen reports to prison for three-year term