DGS49
Diamond Member
- Apr 12, 2012
- 16,431
- 14,400
There is really nothing in play in this whole matter that "trump's" the Fourth Amendment.
Capturing and examining a person's tax returns is without a doubt a "search" under the Amendment. A search can only be conducted (a) with the consent of the person searched, (b) pursuant to a lawful arrest, or (c) as authorized by a search warrant. None of this applies.
The law that Congress is citing pertains only to tax returns with some legislative significance, which is not the case here. There is no legitimate legislative purpose for the request; it is PURELY political. The fact that in examining Trump's voluminous tax returns some items may arise that COULD BE violations of the tax (or other) laws is not sufficient to justify violation of the fundamental right not to be invaded without legal cause. Trump is audited EVERY YEAR, and if Congress doesn't think that the IRS is sophisticated enough to adequately audit his returns, that has no bearing whatsoever on the final resolution of this matter.
Much wind is being generated about Congress' "oversight" responsibilities, which are a fiction. Congress has no more right to "oversee" the Executive Branch than vice versa. If a crime has been committed, or if there is a reasonable basis for concluding that a crime has been committed, the proper agency to pursue it is the IRS, or the Justice Department. Congress plays no role.
At the end of the day, Congress will NOT gain access to Trump's returns. This will either be decided by the USSC or by Congress simply giving up since they know they are without any real basis.
Mark my words. Never happen.
Capturing and examining a person's tax returns is without a doubt a "search" under the Amendment. A search can only be conducted (a) with the consent of the person searched, (b) pursuant to a lawful arrest, or (c) as authorized by a search warrant. None of this applies.
The law that Congress is citing pertains only to tax returns with some legislative significance, which is not the case here. There is no legitimate legislative purpose for the request; it is PURELY political. The fact that in examining Trump's voluminous tax returns some items may arise that COULD BE violations of the tax (or other) laws is not sufficient to justify violation of the fundamental right not to be invaded without legal cause. Trump is audited EVERY YEAR, and if Congress doesn't think that the IRS is sophisticated enough to adequately audit his returns, that has no bearing whatsoever on the final resolution of this matter.
Much wind is being generated about Congress' "oversight" responsibilities, which are a fiction. Congress has no more right to "oversee" the Executive Branch than vice versa. If a crime has been committed, or if there is a reasonable basis for concluding that a crime has been committed, the proper agency to pursue it is the IRS, or the Justice Department. Congress plays no role.
At the end of the day, Congress will NOT gain access to Trump's returns. This will either be decided by the USSC or by Congress simply giving up since they know they are without any real basis.
Mark my words. Never happen.
