Oversight/Intel Committees: Weisselberg Testimony, Trump Org CFO; Mazars USA; Re Financial Records/Impeachment

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GreatGrey
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Re: Oversight/Intel Committees: Allen Weisselberg Testimony, Trump Org CFO; Mazars USA; Re Financial Records

#101

Post by GreatGrey »

So, Trump appointee Neomi Rao was the dissenter.

She gets ripped in the opinion.

I am not "someone upthread".
Trump needs to be smashed into some kind of inedible orange pâté.


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Re: Oversight/Intel Committees: Allen Weisselberg Testimony, Trump Org CFO; Mazars USA; Re Financial Records

#103

Post by TexasFilly »

The opinion upholding the subpoena is excruciatingly detailed and thorough. If you read it (and I understand if you won't), you will see how having competent counsel in the House is critical. Good job.
I love the poorly educated!!!

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Re: Oversight/Intel Committees: Allen Weisselberg Testimony, Trump Org CFO; Mazars USA; Re Financial Records

#104

Post by fierceredpanda »

TexasFilly wrote:
Fri Oct 11, 2019 11:32 am
The opinion upholding the subpoena is excruciatingly detailed and thorough. If you read it (and I understand if you won't), you will see how having competent counsel in the House is critical. Good job.
:yeah:
"There's no play here. There's no angle. There's no champagne room. I'm not a miracle worker, I'm a janitor. The math on this is simple; the smaller the mess, the easier it is for me to clean up." -Michael Clayton


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Re: Oversight/Intel Committees: Allen Weisselberg Testimony, Trump Org CFO; Mazars USA; Re Financial Records

#105

Post by bob »

fierceredpanda wrote:
Fri Oct 11, 2019 10:24 am
Of course, the ruling will now be stayed for six more months while Trump's lawyers try to get it reheard en banc and Noel Francisco makes up some utterly nonsensical reason why SCOTUS needs to take up the case.
Enforcement of the subpoena has been stayed for seven days, so that the current president can seek rehearing, rehearing en banc, or cert. in SCOTUS.

And at each stage, the current president could seek an additional stay. If delaying for delay's sake, I could seek the current president asking for all three forms of review coupled with additional requests for a stay at each stage.

If trying to win on the merits, the current president should just leave the D.C. Cir., and ask for cert. (and a stay) in SCOTUS. Both, I think, would be granted.


FYI: The dissenting judge was Kavanaugh's replacement.
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Re: Oversight/Intel Committees: Allen Weisselberg Testimony, Trump Org CFO; Mazars USA; Re Financial Records

#106

Post by RTH10260 »

same:
Congress Can Seek Trump’s Financial Records, Appeals Court Rules

By Charlie Savage
Oct. 11, 2019 Updated 1:26 p.m. ET

WASHINGTON — President Trump’s accounting firm must comply with House Democrats’ demands for eight years of his financial records, a federal appeals court panel ruled on Friday in a major victory for House Democrats in their struggle against his vow to stonewall “all” of their oversight subpoenas.

In a 66-page ruling, the panel rejected Mr. Trump’s argument that Congress had no legitimate legislative authority to seek his business records from the firm, Mazars USA, because the committee was trying to determine whether he broke existing laws — not weighing whether to enact a new one.

“Having considered the weighty issues at stake in this case, we conclude that the subpoena issued by the committee to Mazars is valid and enforceable,” wrote Judge David S. Tatel of the United States Court of Appeals for the District of Columbia.

Mr. Trump is virtually certain to appeal the ruling, either to the full Court of Appeals or to the Supreme Court. But the decision — affirming an earlier ruling by a Federal District Court judge — was the first test at the appeals court level of the Trump legal team’s sweeping challenges to the constitutional authority of Congress to conduct oversight of his activities.


https://www.nytimes.com/2019/10/11/us/p ... turns.html

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Re: Oversight/Intel Committees: Allen Weisselberg Testimony, Trump Org CFO; Mazars USA; Re Financial Records

#107

Post by Addie »

NBC News
In ruling on Trump finances, court finds broad authority for impeachment inquiry

The late Elijah Cummings, as chairman of the House Oversight Committee, had a valid reason for seeking the president's financial records, the judges said.


A federal appeals court ruled last week that President Donald Trump's accounting firm must turn over financial records requested by a House committee.

In April, the House Oversight and Reform Committee subpoenaed the firm, Mazars USA, for documents related to Trump's accounts going back to January 2009. His lawyers fought back with a lawsuit in the U.S. Circuit Court of Appeals for the District of Columbia that argued Congress had no legitimate legislative purpose for getting the materials.

In a 2-1 ruling, a three-judge panel of the court disagreed but put a temporary hold on the legal effect of its decision to allow Trump's lawyers to appeal. A large part of the court’s opinion, which runs more than 100 pages, can be distilled into three questions: Is the Oversight Committee pursuing a legislative, as opposed to a law-enforcement, objective? Is the committee investigating a subject on which constitutional legislation could be enacted? And does the subpoena seek information relevant to the legislative inquiry?

If the committee is pursuing only a crime-fighting objective, that could exceed its authority because such missions are exclusive to the executive and judicial branches. On the other hand, observers of congressional hearings have long known that the legislative purpose is not invalidated just because some criminal activity is unearthed during the process.

An April memorandum from Elijah Cummings, the longtime Baltimore congressman and chairman of the oversight panel who died on Thursday, identified four objectives of the subpoena: determine “whether the President may have engaged in illegal conduct before and during his tenure in office”; “whether [the President] has undisclosed conflicts of interest that may impair his ability to make impartial policy decisions”; “whether [the President] is complying with the Emoluments Clauses of the Constitution,” and “whether [the President] has accurately reported his finances to the Office of Government Ethics and other federal entities.”

To the court, this and other supporting documents provided strong evidence that the committee has a valid legislative purpose.

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Re: Oversight/Intel Committees: Weisselberg Testimony, Trump Org CFO; Mazars USA; Re Financial Records/Impeachment

#108

Post by Kendra »

https://www.washingtonpost.com/local/le ... story.html
Congress can seek eight years of President Trump’s tax records, according to a federal appeals court order Wednesday that moves the separation-of-powers conflict one step closer to the Supreme Court.

The U.S. Court of Appeals for the D.C. Circuit let stand an earlier ruling against the president that affirmed Congress’s investigative authority on a day when the House was holding its first public impeachment inquiry hearing.

Trump’s lawyers have said they are prepared to ask the Supreme Court to intervene in this case and in several other legal battles between the president and Congress.

The D.C. Circuit was responding Wednesday to Trump’s request to have a full panel of judges rehear a three-judge decision from October that rejected the president’s request to block lawmakers from subpoenaing his longtime accounting firm.

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Re: Oversight/Intel Committees: Weisselberg Testimony, Trump Org CFO; Mazars USA; Re Financial Records/Impeachment

#109

Post by GreatGrey »

Merrick Garland :-D


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Re: Oversight/Intel Committees: Weisselberg Testimony, Trump Org CFO; Mazars USA; Re Financial Records/Impeachment

#111

Post by Sterngard Friegen »

That was somewhat quick.

If Trump asks for a stay before SCOTUS we'll get a read on whether certiorari will be granted. It takes a majority for a stay, but only 4 votes for cert. Many times if it appears there are enough votes for cert. at least one unconvinced justice will join for the stay, as a matter of "judicial courtesy." I'm not sure that's going to happen in this case.

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Re: Oversight/Intel Committees: Weisselberg Testimony, Trump Org CFO; Mazars USA; Re Financial Records/Impeachment

#112

Post by bob »

GreatGrey wrote:
Thu Nov 14, 2019 3:35 am
Merrick Garland
"En banc" means the entire (circuit) court,* so the chief's appearance here is unremarkable. But the irony is still somewhat delicious.


* Except the 9th.
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Re: Oversight/Intel Committees: Weisselberg Testimony, Trump Org CFO; Mazars USA; Re Financial Records/Impeachment

#113

Post by fierceredpanda »

Oh look. Katsas and Rao would grant the petition.

I'm sorry, Chief Justice Roberts, but there really is such a thing as "Trump judges." They're the ones who are perfectly willing to say that black is white and down is up so long as it is in Donald Trump's interests that they do so.

They're going to be awful to the next Democratic president, too. This whole "unitary executive" thing is only operative when Republicans are in the White House, doncha know?
"There's no play here. There's no angle. There's no champagne room. I'm not a miracle worker, I'm a janitor. The math on this is simple; the smaller the mess, the easier it is for me to clean up." -Michael Clayton


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Re: Oversight/Intel Committees: Weisselberg Testimony, Trump Org CFO; Mazars USA; Re Financial Records/Impeachment

#114

Post by GreatGrey »

And ShitGibbon has kicked this up to SCOTUS.

Ummm.. his title is included, implying this is an official filing, while all the attorneys are private, non DOJ.
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Re: Oversight/Intel Committees: Weisselberg Testimony, Trump Org CFO; Mazars USA; Re Financial Records/Impeachment

#115

Post by SLQ »

There's a link to the full petition in this article:

https://talkingpointsmemo.com/muckraker ... nhattan-da
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Re: Oversight/Intel Committees: Weisselberg Testimony, Trump Org CFO; Mazars USA; Re Financial Records/Impeachment

#116

Post by Jeffrey »

Guess I posted in the wrong thread:



Why are there no repercussions to Trump making these assertions?

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Re: Oversight/Intel Committees: Weisselberg Testimony, Trump Org CFO; Mazars USA; Re Financial Records/Impeachment

#117

Post by pipistrelle »

fierceredpanda wrote:
Thu Nov 14, 2019 2:18 pm
Oh look. Katsas and Rao would grant the petition.
Rao is a piece of work. You'd be better off with me as a judge. I could probably figure out a way to cite something.

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Re: Oversight/Intel Committees: Weisselberg Testimony, Trump Org CFO; Mazars USA; Re Financial Records/Impeachment

#118

Post by Sterngard Friegen »

Ugh. Appendix G to the cert. petition is Cyrus Vance's agreement not to enforce the subpoena should Trump petition for cert. until after the Supreme Court denies the petition or rules against Trump.

Vance is a wimp.

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Re: Oversight/Intel Committees: Weisselberg Testimony, Trump Org CFO; Mazars USA; Re Financial Records/Impeachment

#119

Post by Sugar Magnolia »

They're just making shit up now, and getting away with it, at least so far.

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Re: Oversight/Intel Committees: Weisselberg Testimony, Trump Org CFO; Mazars USA; Re Financial Records/Impeachment

#120

Post by Whatever4 »

OK, I read the petition. I can totally understand how the House could compel the tax returns. I’m not so clear on how NY can do so. Can someone point me to a ‘splainer?
Edit: Maybe I’m/we are mixing up cases? This thread is the House, the petition is for NY? Wrong place?
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Re: Oversight/Intel Committees: Weisselberg Testimony, Trump Org CFO; Mazars USA; Re Financial Records/Impeachment

#122

Post by Sterngard Friegen »

Suggested by House to avoid running up against a Wednesday deadline.

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