Posted on 05/23/2019 11:52:24 AM PDT by Innovative
Wells Fargo and TD Bank have turned over President Trump’s financial records to the House Financial Services Committee, Fox News confirmed on Thursday, amid a contentious legal battle between the Trump administration and congressional Democrats seeking access to sensitive files.
The committee, led by Chairwoman Maxine Waters, D-Calif., is one of several panels that have issued subpoenas and requests for Trump’s financial files.
(Excerpt) Read more at foxnews.com ...
TD = British Commonwealth
Politics by other means.
Thanks.....
Then, what is the legislative or oversight purpose in the case of President Trump?
A bill of Attainder.
5.56mm
And the suit will involve massive forum shopping.
Whew, I don’t have to change banks, yet. WTF is going to have bigger problems than their corrupt customer churning practices. They’re now the Bank of HateAmerica.
That is precisely what is going to happen.
“You are saying that congress is immuned from the provisions of the 4th amendment? “
Yes, except from gross violations. Not yet well defined in the juris prudence. They certainly do not need a Court/Judge Order. And are not bound by “probable cause”.
They are completely entitled to investigate a POTUS.
I don’t think it’s legit.
I just think it’s legal.
“Then, what is the legislative or oversight purpose in the case of President Trump?”
Trump can make that case when Congress is after information held by his admin.
The Federal Courts have already ruled that private entities cannot refuse, no matter what reason Congress has. Congress does not even have to STATE the reason or probable cause.
Police state. It will get much worse.
“Police state. It will get much worse.”
Congress has always had this power. It was just rarely used.
The politics kept them restrained.
Of course, they have NO ENFORCEMENT mechanism outside the Executive. And that’s Trump’s ACE.
Maxine Waters has her paws on all the info now. Of course, she’ll have to have her staff read and explain it to her, and then leak it to the press for her. It’s not like Maxine, as the Affirmative Action head of the Financial Services Committee, can string two thoughts together by herself. What a sh*t show this all is.
Worth repeating continuously
It should be noted: Congress has no enforcement mechanism outside the Executive.
This essentially makes compliance voluntary if the Executive is not willing to enforce Congressional Contempt charges.
But Congress has ENORMOUS legal leverage in their law-making capacity.
Personally, I believe Trump should use all power of the Presidency, within legal bounds, to resist the witch hunt.
And publicly dare the House to impeach.
There is a DEFINITE SHORTAGE of public Republican support.
Make that a Criminal Shortage.
A Reuters article, Explainer: How powerful are Congress subpoenas, contempt citations?, May 2, 2019, says this:
"Congress’ power to issue subpoenas, while broad, is not unlimited. The high court has said Congress is not a law enforcement agency, and cannot investigate someone purely to expose wrongdoing or damaging information about them for political gain. A subpoena must potentially further some “legitimate legislative purpose,” the court has said."This would seem to definitely fall into that realm.
In the BYU Journal of Public Law, March 1, 1992, The Congressional Subpeona: Power, Limitations and Witness Protection, Section II, Structural Limits to the Exercise of Subpoena Power:
A. Proper Jurisdiction and Legislative Purpose
The first limitation is that the subpoena must fall within the proper jurisdiction of the issuing committee or subcommittee and have a legislative purpose. That is, a subpoena can only be issued where: (1) Congress has the power to investigate; (2) The Committee or Subcommittee has a proper grant of authority to conduct the investigation; and (3) The materials sought are pertinent to the investigation and within the scope of the grant of authority. ”Generally, the first requirement above is easily satisfied, because there is a presumption in the courts that Congressional committees will act properly and within their authority." However, the third requirement, that the testimony or materials sought should be pertinent to the inquiry, has served as a basis for invalidating Congressional subpoenas." For example, in Bergman the Court held that a subpoena calling for “‘any’ and ‘all’ financial records from 1969 to date [which] might include records relating to plaintiffs’ purely personal financial affairs,”‘“ was invalid in part, where the issuing subcommittee only had general authority to inquire into housing for the elderly. The court reasoned that while the subcommittee may properly investigate nursing home profits, “a general inquiry designed to ascertain plaintiffs’ personal wealth is not pertinent to the investigation"
In Watkins v. United States, the Court stated that where the information requested from a subpoenaed witness is “unrelated to any legislative purpose,” the individual’s constitutional right to privacy outweighs the committee’s interest in the information."
What is the investigation that Congress is pursing? Is the committee alleging criminal conduct prior to Trump getting elected?
I am not yet ready to believe that. Without proof of a crime, the citizenship rights of every American would seemingly prevent their doings from being subjected to scrutiny.
If it turns out that you are correct on this, then why didn't our side use this power to absolutely destroy Bill Clinton and Barack Obama?
I think this will work out very much like Harry Reid and his "nuclear option." This will come back to bite them in the @$$ very hard, and they will rue the day they ever tried a stunt like this.
At this point in time, what guarantees that Wells records are accurate.
“If it turns out that you are correct on this, then why didn’t our side use this power to absolutely destroy Bill Clinton and Barack Obama? “
Decency and political counter pressure.
There is no political counter pressure as Republicans have abandoned our President to his fate. They will not speak against him, but they are not supporting him.
And Democrats were never, ever decent.
“This would seem to definitely fall into that realm. “
The House says they are investigating connections to Russia.
While BS, it’s enough to meet the “legitimate legislative purpose” threshold.
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