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re: DC Circuit Rules against Trump re House Request for Tax Records

Posted on 10/11/19 at 12:06 pm to
Posted by ShortyRob
Member since Oct 2008
82116 posts
Posted on 10/11/19 at 12:06 pm to
quote:


Which is the craziest thing ever

It quite clearly hands Congressional committees effectively totalitarian power.

Posted by AggieHank86
Texas
Member since Sep 2013
44345 posts
Posted on 10/11/19 at 12:06 pm to
quote:

quote:

The problem is that Congressional motivation is irrelevant to the question of whether it is entitled to pursue these records, under current law.
Which is the craziest thing ever.
On its face, yes.

But do we really want appellate courts speculating about the motivations behind every Congressional action? That is a completely different ugly can of worms.
Posted by ShortyRob
Member since Oct 2008
82116 posts
Posted on 10/11/19 at 12:08 pm to
quote:


But do we really want appellate courts speculating about the motivations behind every Congressional action?

Congress should have to spell out what it expects to find....... Specifically

Otherwise, it's the equivalent of a search warrant to search my house for "something" because you think I "might" have committed a crime you can't specify.
Posted by Rebel
Graceland
Member since Jan 2005
141795 posts
Posted on 10/11/19 at 12:10 pm to
Is this the one?

Do they finally have him?
Posted by bhtigerfan
Baton Rouge
Member since Sep 2008
33037 posts
Posted on 10/11/19 at 12:15 pm to
quote:

Judge Tatel (who authored the opinion) was nominated by President Bill Clinton and Judge Patricia Millett, who joined him in the majority, was selected by President Barack Obama.
This post was edited on 10/11/19 at 12:17 pm
Posted by AggieHank86
Texas
Member since Sep 2013
44345 posts
Posted on 10/11/19 at 12:16 pm to
quote:

Is this the one? Do they finally have him?
Are you capable of engaging in a reasonable and objective discussion of this ruling, without this childishness?
Posted by Jjdoc
Cali
Member since Mar 2016
55430 posts
Posted on 10/11/19 at 12:16 pm to
quote:

To the best of my recollection, I have not expressed any views on the issue.


You views are expressed in every post and topic you start. They all have a "we got him now" thought


Posted by Dday63
Member since Sep 2014
2393 posts
Posted on 10/11/19 at 12:17 pm to
The Dissent spends 68 pages to say that Congress should have requested the documents for investigation of an impeachment rather than investigation for legislative purposes.

It's a decent argument, but it boils down to whether Congress can get the documents now, or only after an impeachment investigation begins.
Posted by timdonaghyswhistle
Member since Jul 2018
20815 posts
Posted on 10/11/19 at 12:17 pm to
It's going to be laughed out of the Supreme Court. Why not laugh at it now?
Posted by Rebel
Graceland
Member since Jan 2005
141795 posts
Posted on 10/11/19 at 12:20 pm to
quote:

without this childishness?


Keep it up and I’ll tell you how fat your mother is.
Posted by AggieHank86
Texas
Member since Sep 2013
44345 posts
Posted on 10/11/19 at 12:20 pm to
quote:

It's going to be laughed out of the Supreme Court. Why not laugh at it now?
What justices do you see voting to overturn the DC circuit, and on what basis?
Posted by Jjdoc
Cali
Member since Mar 2016
55430 posts
Posted on 10/11/19 at 12:22 pm to
quote:

Are you capable of engaging in a reasonable and objective discussion of this ruling, without this childishness?



No you are not.


Please Communist Hanktina, show us the law that states a person running for office MUST supply their tax return.

Please show us the law that states Congress has a right to infringe upon the privacy of elected officials when NO laws were broken.


Posted by AggieHank86
Texas
Member since Sep 2013
44345 posts
Posted on 10/11/19 at 12:23 pm to
quote:

The Dissent spends 68 pages to say that Congress should have requested the documents for investigation of an impeachment rather than investigation for legislative purposes.

It's a decent argument, but it boils down to whether Congress can get the documents now, or only after an impeachment investigation begins.
I agree.

Based upon the analysis contained in the dissent, I think the decision would’ve been unanimous, if this subpoena had been issued as part of a formal impeachment proceeding.
Posted by AggieHank86
Texas
Member since Sep 2013
44345 posts
Posted on 10/11/19 at 12:28 pm to
quote:

Please ... show us the law that states a person running for office MUST supply their tax return.
no such law exists. I have so-opined repeatedly over the past weeks. I have also opined that the traditional practice of doing so is stupid.
quote:

Please show us the law that states Congress has a right to infringe upon the privacy of elected officials when NO laws were broken.
The DC Circuit outlines (in great detail over some 66 pages of the majority opinion) the law applicable to THIS request. I doubt that I could condense it much more than 30 pages, because it is reasonably well written. Feel free to read the opinion. You may find it educational.
This post was edited on 10/11/19 at 12:43 pm
Posted by Jjdoc
Cali
Member since Mar 2016
55430 posts
Posted on 10/11/19 at 12:32 pm to
There is no law.


You have 2 activist judges period.


That's why California law requiring it was struck down.

Posted by Jjdoc
Cali
Member since Mar 2016
55430 posts
Posted on 10/11/19 at 12:33 pm to
Posted by thebigmuffaletta
Member since Aug 2017
15560 posts
Posted on 10/11/19 at 12:38 pm to
LiberalHank
Posted by AggieHank86
Texas
Member since Sep 2013
44345 posts
Posted on 10/11/19 at 12:42 pm to
quote:

There is no law. You have 2 activist judges period.
have you read the opinion? Either way, it is clear that you don’t understand it.

In a nutshell, it boils down to the question of whether we do (or do not) want appellate courts reviewing the alleged motivations underlying the actions of legislative bodies, when the actions themselves (examined in a vacuum) clearly fall within the purview of the legislative branch.

Many would see that as an invitation to extreme judicial activism, and I tend to fall into that camp.

It is far easier to remove elected legislators who overstep their bounds than to remove life-tenured judges who do so.
quote:

That's why California law requiring it was struck down.
You really have absolutely no idea of the extent to which those two issues are utterly unrelated to one another, do you?
This post was edited on 10/11/19 at 12:49 pm
Posted by Jjdoc
Cali
Member since Mar 2016
55430 posts
Posted on 10/11/19 at 12:54 pm to
quote:

In a nutshell, it boils down to the question of whether we do (or do not) want appellate courts reviewing the alleged motivations underlying the actions of legislative bodies, when the actions themselves (examined in a vacuum) clearly fall within the purview of the legislative branch.



Name the law Hank. It's as simple as that.

quote:

You really have absolutely no idea of the extent to which those two issues are utterly unrelated to one another, do you?



I'm capable of seeing the over all picture. Had it not been struck down, they would have used it as evidence to support their over reach.



So again.... state the law.

Posted by Wednesday
Member since Aug 2017
17008 posts
Posted on 10/11/19 at 12:57 pm to
Not only that but half the opinion is a dissent.

That accounting firm needs to appeal on behalf of all professionals who are entrusted with private information of their clients.

Or else privilege is dead.
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