Trump’s Financial Records Must Be Given to the House, Appeals Court Rules
President Donald Trump, under siege from House Democrats weighing impeachment, suffered a stinging blow as a federal appeals court upheld a subpoena ordering his accountants to provide Congress with his financial records.
The ruling, by a divided three-judge panel of the U.S. Court of Appeals in Washington, means Trump will lose control of his long-secret financial records at Mazars USA LLP unless the full court reconsiders the decision or the U.S. Supreme Court blocks it. In a 2-1 decision, the judges rejected arguments made by lawyers for the president that the House Oversight and Reform Committee had no legitimate legislative reason to seek the information.
“Disputes between Congress and the president are a recurring plot in our national story,” U.S. Circuit Judge David Tatel wrote in the majority’s 66-page opinion. “And that is precisely what the Framers intended.” He quoted the late Supreme Court Justice Louis Brandeis, who said that the purpose of the separation of powers was “to save the people from autocracy.”
The ruling comes just days after a federal judge in New York rejected Trump’s challenge to a subpoena requiring Mazars to turn over Trump’s tax filings and other financial records to New York state prosecutors, though the president won a last-minute delay pending an emergency appeal.
“At bottom, this subpoena is a valid exercise of the legislative oversight authority because it seeks information important to determining the fitness of legislation to address potential problems within the Executive Branch and the electoral system,” the appeals court said. “It does not seek to determine the President’s fitness for office.”
Trump, the Trump Organization and the president’s three oldest children have steadfastly refused to surrender their records to Congress. Armed with the documents, Democratic lawmakers will be able to more fully explore any conflicts of interest in the executive branch and whether the president has violated the Constitution’s emoluments clauses.
“There’s a lot of speculation, but it seems that the accounting firm has tax returns and other documents that will show President Trump and his family and associates involved in all sorts of deals,” Washington lawyer David Dorsen, who served as assistant chief counsel to the U.S. Senate’s Watergate Committee in the 1970s, said in an interview before the ruling was issued. Lawmakers will want to know whether documents show “payoffs to people in Russia, Ukraine and elsewhere,” he said.
“That would be an enormous, enormous factor in what’s going on now,” he added.
Trump’s lawyers could ask the full appeals court to reconsider the matter, or go straight to the Supreme Court for an emergency review of the ruling, which doesn’t take effect for at least seven days. “We are evaluating the opinion and review all options including appeals,” said Jay Sekulow, a lawyer for Trump.
“Today’s ruling is a fundamental and resounding victory for Congressional oversight, our Constitutional system of checks and balances, and the rule of law,” Representative Elijah Cummings, chairman of the House Oversight Committee, said in a statement. “For far too long, the President has placed his personal interests over the interests of the American people.”
Congress’s demand for the business records came before it began its impeachment inquiry. That later probe was triggered by a whistle-blower’s claim that Trump asked Ukraine’s president to investigate Democratic presidential candidate Joe Biden and held back military aid Congress had appropriated to resist Russian influence in the region.
But the disclosures made possible by Friday’s ruling by the U.S. Court of Appeals in Washington Circuit further pose risks for the president if they raise new questions about Trump, his finances or his company.
“I think that’s the way the framers designed the Constitution,” said Steven Schwinn, a professor at the University of Illinois’s John Marshall Law School in Chicago. “Congress has oversight authority to request information like this, and the president really does not have authority to stonewall.”
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