Executive Privelege

KCfromNC

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It specifically states that the resolution must specify the purpose for which the return is requested. I don't believe the purpose can be "just cause we want it" is good enough.
Does the law say that only certain reasons are acceptable, or is it just something you believe?
 
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hedrick

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Vox has opinions for a variety of legal experts, Can Congress force Trump to hand over his tax returns? We asked 11 legal experts.. All agree that no reason is necessary under the law. The one who thinks there might be a challenge agrees about what the law says, but thinks unjustified requests might be unconstitutional anyway. With today's Supreme Court, who knows what the decision would be. But there doesn't seem to be much question about the law.

Note that congress would still be required to keep it private.
 
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rjs330

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Does the law say that only certain reasons are acceptable, or is it just something you believe?

It seems odd that they would include a reason in the law, bit then turn around and say there doesn't have to be a reason. Not every "reason" is a reason. "Just cause I want to see if he might have done something wrong, but I have no evidence of it" isn't really specific reason.

But I think this will be decided in court. We can debate about the specificity of a reason, but it's only our opinion after all. I will wait for the courts to decide the legitimacy of the specific reason given.
 
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rjs330

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Here's the request: Neal Statement on Requesting President Trump’s Tax Returns. It does state a reason. It's an interesting one.

As I understand it, the President, alone among Federal officials, is exempt from conflict of interest laws. Since the president can't meaningfully audit himself, it is Congress' responsibility to see whether presidents have any significant conflicts of interest. This is a particular concern with Trump, because he has not put his businesses in escrow, as is typically done.

Here's a review of the legal situation: Why the IRS is legally required to give Congress Trump's tax returns, but probably won't. While people disagree, there does seem to be a reasonable basis for it.

That is one of the lamest reasons I've ever heard. It talks more about the IRS than the president. Checking to see if the IRS is doing their job? They could look at that without seeing Trump's returns. There are plenty of people's tax returns to look at to see if they are doing their job. How about start with George Soros and the Koch brothers.
 
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KCfromNC

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It seems odd that they would include a reason in the law, bit then turn around and say there doesn't have to be a reason. Not every "reason" is a reason. "Just cause I want to see if he might have done something wrong, but I have no evidence of it" isn't really specific reason.

Nor is it the reason given in this case, so I have no idea why you'd bring it up instead of just answering my question. But I guess that in itself is an answer.

But I think this will be decided in court. We can debate about the specificity of a reason, but it's only our opinion after all. I will wait for the courts to decide the legitimacy of the specific reason given.
Yeah, people think lots of things. Anything in the actual law as written make you believe this, or is it just another feeling you have?
 
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rjs330

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Nor is it the reason given in this case, so I have no idea why you'd bring it up instead of just answering my question. But I guess that in itself is an answer.


Yeah, people think lots of things. Anything in the actual law as written make you believe this, or is it just another feeling you have?

I answered your question. The law says that only certain reasons are acceptable. It says specific reasons. It doesn't say any reason is acceptable.

In this case the law says you have to have a specific reason to look at a single persons tax return. The reason given is not specific as to why they want to look at Trump's return. It's a very broad reason to see if the IRS is doing their job. That is not a specific reason to look at Trump's return. They are targeting Trump. What specific reason was given to say the IRS did not do their job in reviewing Trump's return?
 
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Arcangl86

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I answered your question. The law says that only certain reasons are acceptable. It says specific reasons. It doesn't say any reason is acceptable.

In this case the law says you have to have a specific reason to look at a single persons tax return. The reason given is not specific as to why they want to look at Trump's return. It's a very broad reason to see if the IRS is doing their job. That is not a specific reason to look at Trump's return. They are targeting Trump. What specific reason was given to say the IRS did not do their job in reviewing Trump's return?
Can you show us the law that says a specific reason needs to be given?
 
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KCfromNC

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I answered your question. The law says that only certain reasons are acceptable. It says specific reasons. It doesn't say any reason is acceptable.

For some reason you're not actually quoting the parts of the law which say this.

In this case the law says you have to have a specific reason to look at a single persons tax return. The reason given is not specific as to why they want to look at Trump's return. It's a very broad reason to see if the IRS is doing their job. That is not a specific reason to look at Trump's return. They are targeting Trump. What specific reason was given to say the IRS did not do their job in reviewing Trump's return?

Weird how you start by asserting that the reason given was a bad one, then end by asking what the reason was as if you don't know. This would be a lot more convincing if you picked one story and stuck to it.
 
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rjs330

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For some reason you're not actually quoting the parts of the law which say this.



Weird how you start by asserting that the reason given was a bad one, then end by asking what the reason was as if you don't know. This would be a lot more convincing if you picked one story and stuck to it.

I did quote the law in a previous post. You'll have to go back and read it. Others saw it and thanked me for putting it in a post.

I told you the reason they gave. They want to make sure the IRS is doing their job and reviewing tax returns correctly. Thats why they want to see Trumps return. I read the report. Did you?

I asked you to give me the specific reason why they think the IRS failed to review Trump's return correctly. If you can find one let me know what it is cause I didn't see it.
 
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KCfromNC

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I did quote the law in a previous post. You'll have to go back and read it.

Post #?

I asked you to give me the specific reason why they think the IRS failed to review Trump's return correctly. If you can find one let me know what it is cause I didn't see it.

I think I and others already identified this as a red herring, because there's nothing in the law which allows Treasury to refuse Congress based on the reasons given.
 
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cow451

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Well it's nice we can at least all agree that this is Executive privilege abuse. :wave:
tulc(also isn't sure why something that "completely exonerates the President" needs to be hidden by the President) :scratch:
Because he has something to hide or may fear he did something bad and cannot remember it.
 
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KCfromNC

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Looks like the IRS doesn't agree with the arguments raised against Congress' request for Trump's tax returns : https://www.washingtonpost.com/busi...fc796cf2ec0_story.html?utm_term=.e9bf448f578b

A confidential Internal Revenue Service legal memo says tax returns must be given to Congress unless the president takes the rare step of asserting executive privilege, according to a copy of the memo obtained by The Washington Post.

The memo contradicts the Trump administration’s justification for denying lawmakers’ request for President Trump’s tax returns, exposing fissures in the executive branch.

...

according to the IRS memo, which has not been previously reported, the disclosure of tax returns to the committee “is mandatory, requiring the Secretary to disclose returns, and return information, requested by the tax-writing Chairs.”

The 10-page document says the law “does not allow the Secretary to exercise discretion in disclosing the information provided the statutory conditions are met” and directly rejects the reason Mnuchin has cited for withholding the information.
 
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