General Discussion
In reply to the discussion: Congress should fast track the IRS case over Trump's taxes to the Supreme Court. [View all]FBaggins
(28,772 posts)And it's because of the Constitution.
Does the Congress have oversight of the Executive Branch or not?
Of course they do. But the word doesn't include fishing expeditions into personal tax returns. If there were an impeachment going on and one of the charges could be proven/disproven with tax returns, that would be different.
Read the chairman's request letter. It's worded very carefully for a reason.
For comparison - consider: Does the President have the absolute authority to fire the head of the FBI? Yes. However - he can't do it for an illegitimate purpose like trying to obstruct an investigation. Does the president have the power to block all travel from selected countries? Yep... but more than one court found that (based on his campaign statements) he did so with an impermissible motivation.
The same thing could easily happen here. There are lots of pre-election comments to the effect that once we control the House we'll be able to get Trump's tax returns so that we can find out what he's been up to.
If a court thinks that's the motivation behind the request... they'll never go for it. That's why the request went out of its way to declare an entirely different motivation.
After all of that is said and done, there's still the core constitutional question. Did Congress have the power to get an individual's tax returns? Sure... the law is pretty clearly written... but did they possess the power to give themselves that power in the first place? No court has ruled on that (and that question alone will keep the case from getting fast-tracked).
If the law didn't exist already and someone proposed it (in a world without Trump)... I think DU would oppose the measure as an unconstitutional breach of privacy.