Supreme Court temporarily blocks Congress from getting Trump income tax returns
Last edited Tue Nov 1, 2022, 11:22 AM - Edit history (2)
Source: CNBC
Supreme Court Chief Justice John Roberts on Tuesday temporarily blocked the House Ways and Means Committee from obtaining years of federal income tax returns of former President Donald Trump and related business entities from the IRS.
Roberts order came a day after Trumps lawyers filed an emergency application with the Supreme Court requesting the delay, and two days before the IRS was set to give the committee the Republicans tax returns. The chief justice gave the Ways and Means Committee until Nov. 10 to respond to Trumps application for the delay.
Trump wants the Supreme Court to block the committee from getting his tax returns and those of the related entities for the years 2015 through 2020 until he formally asks the high court to allow him to appeal lower court rulings that cleared the way for the records to be handed over.
The Democratic-controlled Ways and Means Committee has said it wants the returns as part of a probe of how the agency audits presidential taxes. But Trump, who as a candidate and president broke four decades of tradition by refusing to publicly release his tax returns,argues the committee is just trying to embarass him and plans to make public his returns.
Read more: https://www.cnbc.com/2022/11/01/supreme-court-temporarily-blocks-trump-tax-records-from-being-given-to-congress.html
Article being updated.
Previous versions (and headline) -
Roberts' order came a day after Trump's lawyers filed an emergency application with the Supreme Court seeking the delay. The chief justice gave the Ways and Means Committee until Nov. 10 to respond to Trump's request for a longer delay of the order preventing them from getting his tax returns for the years 2015 through 2020.
A federal judge in December ordered the IRS to hand over Trump's records to the committee, which has said it wants them as part of a probe of how the agency audits presidential returns. Trump had appealed that order to the U.S. Court of Appeals for the District of Columbia Circuit but lost that effort in August.
A three-judge panel of the appeals court, in a unanimous decision, noted that while tax returns as a rule are confidential under federal law, an exception is when the chairman of the Ways and Means Committee requests returns in writing from the secretary of the Treasury Department, the parent of the IRS.
Roberts' order came a day after Trump's lawyers filed an emergency application with the Supreme Court seeking the delay. The chief justice gave the Ways and Means Committee until Nov. 10 to respond to Trump's request for a longer delay of the order preventing them from getting his returns.
A federal judge previously ordered the IRS to hand over Trump's tax returns to the committee, which has said it wants them as part of a probe of how the agency audits presidential tax returns.
Trump had appealed that order to the U.S. Court of Appeals for the District of Columbia Circuit but lost that effort. Last week, the full appeals court denied Trump's request to reconsider the case, leading to his emergency application asking the Supreme Court to intervene. Roberts has authority over emergency applications issued from the D.C. circuit court.
This is breaking news. Please check back for updates.
Robert's order came a day after Trump's lawyers filed an emergency application with the Supreme Court seeking the delay.
A federal judge previously ordered the IRS to hand over Trump's tax returns to the committee, which has said it wants them as part of a probe of how the agency audits presidential tax returns.
Trump had appealed that order to the U.S. Court of Appeals for the District of Columbia Circuit, but lost that effort. Last week, the full appeals court denied Trump's request to reconsider the case, leading to him asking the Supreme Court to intervene.
This is breaking news. Please check back for updates.
Robert's order came a day after Trump's lawyers filed an emergency application with the Supreme Court seeking the delay.
This is breaking news. Please check back for updates.
Original article -
Lovie777
(22,961 posts)forgotmylogin
(7,952 posts)twodogsbarking
(18,774 posts)aggiesal
(10,799 posts)can't seem to recognize just how crooked SCOTUS has become.
Thanks Obama.
SunSeeker
(58,274 posts)onenote
(46,139 posts)This is an administrative stay to allow the full Court to consider the application for a stay pending a decision on a petition for certiorari. It is the same type of stay that Justice Kagan just granted blocking a subpoena issued to Kelli Ward by the J6 Committee and the same kind of stay issued by Justice Sotomayor blocking enforcement of a lower court order directing Yeshiva University to recognize an LGBTQ club.
Ultimately, whether the full court grants the requested stay will come down to the following four factors:
1. That there is a reasonable probability that four Justices will grant certiorari, or agree to review the merits of the case
2. That there is a fair prospect that a majority of the Court will conclude upon review that the decision below on the merits was erroneous;
3. That irreparable harm will result from the denial of the stay;
4. Finally, in a close case, the Circuit Justice may find it appropriate to balance the equities, by exploring the relative harms to the applicant and respondent, as well as the interests of the public at large.
Given the novelty of the issue presented, it would be surprising if the Court didn't grant the stay, grant certiorari and decide to hear the case, although it's possible they would try to duck it.
MarineCombatEngineer
(18,060 posts)melm00se
(5,161 posts)the filing and was about to write the exact same thing.
AZSkiffyGeek
(12,744 posts)And the Garland haters can't complain.
gab13by13
(32,314 posts)is losing its meaning at the Supreme Court.
Johnny2X2X
(24,203 posts)If the Reps take over in January, this is a done deal, Trump's tax returns will never get handed over. He ran out the clock.
MarineCombatEngineer
(18,060 posts)like when SCJ Kagan temporarily blocked the Jan. 6 committee subpoena seeking phone records of Arizona GOP Chair Kelli Ward.
So far, this court has shown very little interest in protecting Benedict Donald's ass from investigation.
Supreme Court refuses to get involved in Trumps Mar-a-Lago case
My opinion, but I doubt that the court will actually take this case up.
wryter2000
(47,940 posts)But how long is temporary?
MarineCombatEngineer
(18,060 posts)but I don't think it will be very long.
KPN
(17,376 posts)after the election, to respond to Trump's request. If they win the House, Roberts can decide to hear the case and easily push it out till after a new Congress is convened. In that regard at least, it's bad news. ... The Committee waited way too long on this in the first place.
MarineCombatEngineer
(18,060 posts)but, as I said, this SC has shown no interest is protecting Benedict's ass from investigations.
gab13by13
(32,314 posts)The fight to have Trump release his tax returns has been going on since 2019. The language is clear, the Ways and Means Committee shall have access to his returns upon request. We are debating the definition of the word shall.
BumRushDaShow
(169,708 posts)They didn't wait "too long". Remember that Democrats were thrown out of House control n 2010 so Democrats were NOT in control of the House (including the relevant Committee) UNTIL 2019 (after the "Blue Tsunami" of 2018), and they have been in court regarding this issue ever since.
In 2019, Mnuchin was Secretary of the Treasury because 45 was STILL in office, and he refused to comply with their original request and the same goes for Rettig. That set off all the lawsuits starting at the District Court level and working up to the Appeals Court, through to where we now are today.
KPN
(17,376 posts)and clarification. So, didnt wait too long, but may nevertheless be too late. We shall see as MasterSgt says I guess.
BumRushDaShow
(169,708 posts)onenote
(46,139 posts)They should be able to file tomorrow, to be honest. The arguments made by Trump aren't new -- pretty much identical to the arguments he made trying to get the full DC Circuit to stay the order.
BumRushDaShow
(169,708 posts)See this - https://www.democraticunderground.com/?com=view_post&forum=1014&pid=2988745
After this, the lawsuits commenced.
And the first thing 45 did was to sic the IRS on Cummings' wife - https://www.baltimoresun.com/politics/bs-md-rockeymoore-cummings-irs-20190521-story.html
ffr
(23,398 posts)One justice system for the rich and powerful, and another that's swift and harsh for the rest of us that aren't.
I'm for a complete workforce stoppage until politicians are forced to recognize that they only function so long as we do. We've had it!
jgo
(1,021 posts)n/a
wryter2000
(47,940 posts)I thought this sounded more like Thomas
lark
(26,080 posts)This is fucking BS!
tavernier
(14,443 posts)Theyre not even trying to hide it anymore. I guess John and Sam and Ginny and her lap dog will have a celebration party tonight.
AllaN01Bear
(29,483 posts)Botany
(77,315 posts)If Trump was really not guilty of anything then he wouldn't have to try to hide what he
has done time after time.
Packing the Federal and Supreme Courts has been the firewall for the right to stop the
changes that will put the republicans in the dustbin of history.
SunSeeker
(58,274 posts)Botany
(77,315 posts).... democracy. And so many members on the SCOTUS should not be there. C Thomas Anita Hill,
Roberts and Alito thanks to bush v Gore, & Gorsch, Kavanaugh, and Coney Island thanks to Trump
who was installed by Russia.
William769
(59,147 posts)When we had three branches of Government.
onenote
(46,139 posts)Nothing prevents the Committee from responding to Trump's stay request before the November 10 deadline.
kimbutgar
(27,248 posts)If if was a Democratic last president they would have not ruled that way.
I immensely dislike the Supreme Court partisans.
MarineCombatEngineer
(18,060 posts)this is a temporary stay, like when SC Kagan issued a temporary stay for the J6 subpoena for Kelli Ward's phone records.
Or when SC Sotomayer issued a temporary stay.
kimbutgar
(27,248 posts)MarineCombatEngineer
(18,060 posts)this is a temporary Admin. stay, nothing has been ruled on yet, this is not unusual.
onenote
(46,139 posts)melm00se
(5,161 posts)it is no surprise that the Court issued the stay as it met all 4 criteria.
Additionally, denying the stay would hand Trump's team a propaganda win: "The big bad evil Supreme Court denied us our day in Court and the Court never forced those big swamp illegitimate Congressional socialists to come clean as to why they needed Trump's tax returns!!!".
When Congress provides this and does not smell/taste/look like a political ploy, the Court will uphold the lower Court's decision and end this.
llashram
(6,269 posts)nazi Miller and Jarad started the huge grift that netted Ivanka and Jarad millions and billions of dollars respectively I just knew. We as a democracy were in deep peril. The MSM early in TPOSFGs administration and for a long time afterwards crowed to high heaven about TPOSFG's presidency and basically ignored the grift and lies. A million American citizens died because of the lies of the POTUS at a crucial time in the Covid outbreak but finally told the truth. I want to but I won't bore everyone as I'm speaking to the choir here.
And here we are a good three years after the truth about TPOSFG and his top grifters has become known. Immigrant children were thrown into cages while their parents were returned to the murder and corruption in their countries of origin, The American-Arab denigrated and made as people who were to be feared again. African-Americans are broad-brushed as killers, rapists, and drug addicts. Veterans were denigrated time after time by TPOSFG. Remember Normandy observance? Remember the position on why he was not at the observance ceremony? Too much rain...
https://www.alternet.org/2020/09/medal-of-honor-recipient-confirms-story-of-trump-insulting-the-military-in-blunt-talking-msnbc-interview/
TPOSFG calling the dead and wounded of our military "losers and suckers".
https://www.vox.com/2020/9/4/21422733/atlantic-trump-military-suckers-losers-explained
and of course, the spin began and the lies won out again
The obvious warning we had of the pre-trump presidency was, "I can walk out on 5th Ave in New York City and shoot someone(minority probably) and no one would care". "I can grab them by the p***y" and you can do anything" as a person as powerful as I am. And he did do a horrible thing, stack the highest court in the land and with his appointed SCJs, 6 Christofascists in all, and it was goodbye Roe v Wade. Taking the right of all women away from their decision-making process and putting that right back into the hand of mainly Christofascists. And presently TPOSFG is under suspicion for many crimes, the majority being felonies.
Just vote is all l I can see now as a remedy to all the insults to Americans above and my motto, damn the polls. Victory is ours.
bucolic_frolic
(55,129 posts)If this were the old days, I'd agree with his ruling. It's an important matter that needs precedent set. But nowadays the final case is already decided so he was the last line of defense for the Rule of Law and separation of power oversight.
turbinetree
(27,545 posts)JohnSJ
(98,883 posts)little unless we win the House
We need to win both houses
BumRushDaShow
(169,708 posts)The above segment from Ari Melber was broadcast on Feb. 1, 2019, less than a month after Democrats took control of the House Committees as Chairs after the 2018 "Blue Tsunami", and after 8 years of being out of power in the House.
The demands were made and the-then 45 Treasury Secretary Steve Mnuchin (and IRS chief Charles Rettig), refused to hand the documents over.
So after enduring multiple suits fighting about whether Congress even has authority to do its fucking oversight job and issue subpoenas, and the district court slow-walking a decision, finally ruling it okay to proceed to hand the docs over, then THAT got appealed.
So here we are after the initial appeal to a 3-judge Circuit panel, which gave the okay, AND then what happened? THAT decision was appealed to the full Circuit, who just gave an en banc okay a couple days ago.
And that lead to the request to the SCOTUS to halt the appellate order. So Roberts just did an administrative stay to review the arguments, pending an expectation of 45's full appeal to the SCOTUS.
All of this has been posted on DU as it was happening.
JohnSJ
(98,883 posts)BumRushDaShow
(169,708 posts)have been busy getting judges confirmed and they are up to 85 (total including district/appellate/SCOTUS) since he came into office. And even more those latest ons since this article, had already surpassed all but JFK at this point in the Presidency.

joshcryer
(62,536 posts)...when Trump got elected. They were doing the RBG, thinking Clinton was going to get elected, and waiting it out.
BumRushDaShow
(169,708 posts)onenote
(46,139 posts)by the Ways and Means Committee has come before the Supreme Court.
JohnSJ
(98,883 posts)onenote
(46,139 posts)The reason is Trump's maneuvering, inaction and stays by the District Court and Court of Appeals and, to a certain extent, delay that followed Biden becoming president and a new Congress being seated -- the Committee didn't renew its request for the taxes until June 2021.
JohnSJ
(98,883 posts)Orrex
(67,108 posts)republianmushroom
(22,323 posts)And the tax payer is footing the bill.
twodogsbarking
(18,774 posts)sawed up in pieces.
republianmushroom
(22,323 posts)Supreme Court what a joke with Roberts and Thomas on the bench.
Blue Owl
(59,084 posts)Cuff that Russian stooge and stuff his fat ass in a jail cell
LetMyPeopleVote
(179,822 posts)onenote
(46,139 posts)So does that mean that the Committee's offer was bullshit?
Response to LetMyPeopleVote (Reply #47)
LetMyPeopleVote This message was self-deleted by its author.
Martin68
(27,741 posts)dividends.
onenote
(46,139 posts)It's a temporary stay. Just like the one granted Graham that didn't lead to a permanent stay.
The Committee itself proposed, last August when Trump tried to get the court of appeals' decision stayed indefinitely, that it would be acceptable for the court of appeals decision to be stayed for 10 days to let Trump put the issue of a stay pending action on a cert petition before the Supreme Court.
Polybius
(21,900 posts)I am ok with waiting 8 more days.