Excerpts from Court decision Ruling Acctg Firm Must Hand Over Trump Financial Records [View all]

[Honeycombe8]

Judge Orders Accounting Firm to Hand Over Records to Congress

The decision to issue the subpoena came about after the President’s former lawyer and confidant,
Michael Cohen, testified before the House Oversight Committee that the President routinely would
alter the estimated value of his assets and liabilities on financial statements, depending on the
purpose for which a statement was needed. For instance, Cohen said that the President provided
inflated financial statements to a bank to obtain a loan to purchase a National Football League
franchise. But when it came time to calculate his real estate taxes, the President would deflate the
value of certain assets. To support his accusations, Cohen produced financial statements from
2011, 2012, and 2013, at least two of which were prepared by Mazars.

History has shown that congressionally-exposed criminal conduct by the President or a
high-ranking Executive Branch official can lead to legislation. The Senate Watergate Committee
provides an apt example.

As the Supreme Court observed in McGrain, the power to investigate is deeply
rooted in the nation’s history....

“From the earliest times in its history, the Congress has assiduously performed an ‘informing function’ of this nature.” Id. (citing James M. Landis, Constitutional Limitations on the Congressional Power of Investigation, 40 HARV. L. REV. 153, 168–194 (1926)).

It is simply not fathomable that a Constitution that grants Congress the power to remove a President for reasons including criminal behavior would deny Congress the power to investigate him for unlawful conduct—past or present—even without formally opening an impeachment inquiry. On this score, history provides a useful guide. Cf. Tobin v. United States, 306 F.2d 270, 275–76 (D.C. Cir. 1962) (relying on historical practice to determine the scope of a congressional investigation). Twice in the last 50 years Congress has investigated a sitting President for alleged law violations, before initiating impeachment proceedings. It did so in 1973 by establishing the Senate Select Committee on Presidential Campaign Activities, better known as the Watergate Committee, and then did so again in 1995 by establishing the Special Committee to Investigate Whitewater Development Corporation and Related Matters.

VI. CONCLUSION

For the foregoing reasons, the court will enter judgment in favor of the House Oversight Committee and against Plaintiffs. The court denies Plaintiffs’ request for a stay pending appeal. A separate final order accompanies this Memorandum Opinion.

Dated: May 20, 2019
Amit P. Mehta
United States District Court Judge

http://cdn.cnn.com/cnn/2019/images/05/20/mehta.opinion.in.trump.subpoena.case.pdf

Note: Rep. Elijah Cummings, Chair of the House Oversight Committee, and his staff, are the bomb! His well written & detailed letters to the committee, outlining the reasons for the subpoena was used by the Court to determine that there were justifiable reasons for the subpoena.