Supreme Court Maintains Stay Blocking House Democrats From Trump Taxes – Pending Writ of Certiorari…

The Supreme Court has issued a ruling maintaining the block against House Democrats receiving President Trump’s tax returns.  The one paragraph order [pdf here] essentially maintains the stay and requests the Trump administration to file a formal request for review by the court, a “writ of certiorari”, by December 5th (noon).

It seems likely, almost certain, the House Democrat leadership was expecting this outcome; hence their earlier request for the Supreme Court to delay this predictable ruling for ten days.

The administration will almost certainly file the formal request for review by the court; and if the request is granted (very likely considering the wording of the order), the Supreme Court will hear the arguments in the spring of 2020 with a ruling sometime around June 2020 to settle the issue once and for all.

The underlying House case has several defects.

Attorney Ristvan previously provided a good encapsulation of the problems for the House that explains why President Trump would likely win the case:

House Oversight is one of three committees that 26USC§6103(f) requires the IRS to turn over individual returns “upon request”.

They requested (PDJT taxes for 6 years 2013-2018) long before Pelosi announced her impeachment inquiry, way before the House vote on same, to which Pelosi said Sunday, (paraphrased) “We haven’t decided to impeach. We are only inquiring about it.”

The ‘upon request’ is not as absolute as it seems. The request must still be predicated on a legitimate legislative purpose. SCOTUS has held (I skip the rulings, since previously commented on here many months ago) that there are only two valid purposes, both constrained to legislative powers expressly granted by A1§8.

1. An inquiry into making, repealing, or amending an A1§8 law.
2. Oversight of executive administration of an existing law.

With respect to (1), a legitimate legislative purpose would be reviewing real estate tax law for possible changes. BUT then, the request should have come from Ways and Means (Neal) where tax laws originate. AND, it should have included requests for tax returns from other big real estate developers also. Singling out only PDJT is a fatal defect to this purpose.

With respect to (2), after Nixon/Agnew the tax code was amended to require a special IRS audit of annual POTUS and VPOTUS returns, with the results held in the National Archive. Reviewing those special audits by IRS would be a proper Oversight and Reform legislative purpose, BUT ONLY for 2017-2018 after PDJT was inaugurated. The earlier 4 years demanded are a fatal defect to this purpose.

Both these valid points were raised by President Trump and were already on their way to SCOTUS. Now the committee is trying to ‘cure’ these fatal request defects by claiming the returns are necessary for impeachment. This raises four new issues where PDJT can also win.

1. Impeachment is not a legislative purpose within A1§8.
2. Articles of Impeachment have historically been the the province of Judiciary, NOT Oversight.
3. The demand was made BEFORE the impeachment inquiry unofficially started and cannot be retrospectively cured.
4. No tax ‘high crimes of misdemeanors’ have even been alleged. Impeachment fishing expeditions are unconstitutional.

IMO this case has the potential to set a major constitutional precedent about POTUS harassment via political impeachment. The constitutional convention minutes and Federalist #65 both make it clear why ‘maladministration’ (the original third test after treason and bribery, and which WOULD allow for political impeachment) was replaced by ‘High Crimes and Misdemeanors’. The phrase was borrowed from prior British law, has a specific set of meanings, and DOES NOT allow political impeachment. (link)

There is another Trump taxes case currently stemming from the Southern District of New York.  The administration has request the Supreme Court to also take up that prior ruling and there is a possibility that both lower court decisions could be wrapped into one.

This entry was posted in AG Bill Barr, Big Government, Big Stupid Government, Dem Hypocrisy, Dept Of Justice, Donald Trump, Impeachment, Legislation, media bias, Nancy Pelosi, Notorious Liars, President Trump, Supreme Court, Uncategorized. Bookmark the permalink.

34 Responses to Supreme Court Maintains Stay Blocking House Democrats From Trump Taxes – Pending Writ of Certiorari…

  1. 2Alpha says:

    1. Impeachment is not a legislative purpose within A1§8.
    2. Articles of Impeachment have historically been the the province of Judiciary, NOT Oversight.
    3. The demand was made BEFORE the impeachment inquiry unofficially started and cannot be retrospectively cured.
    4. No tax ‘high crimes of misdemeanors’ have even been alleged. Impeachment fishing expeditions are unconstitutional.

    Liked by 18 people

    • Conservative_302 says:

      Only from this website would i read an article like this so detailed and backed up with facts. Seeing that almost everything the dems do has to be resolved by the courts, and i am not a lawyer, you explain things so well. Thanks so much, Sundance!

      Liked by 4 people

  2. Han Solo says:

    Certainly the dems are sharting in their pants worse than Swallowell fart during the holidays

    Their scheme is exposed…even those not paying attn know this

    The Fed courts have to deal with Constitutional issues…PDJT has the Constitution on his side…they lost a similar case in California and on the surface, all of this makes no sense

    This one is in the book IMO…the others will shape the next few months

    Liked by 11 people

    • The Demon Slick says:

      Ohhhhhhhh…..no you’re never gonna get
      Oh yeah you’re never gonna get it…
      Oh, you’re never gonna get it….
      Oh yeah you’re never gonna get it.

      Liked by 1 person

  3. roddrepub says:

    I want this to end. I think the Dems have harassed our President enough. I hope they lose bigly!

    Liked by 16 people

    • ann says:

      Aye, Rodd,
      a miserable feeling to see Resist refuse to respond to the people they are theoretically representing.
      The DNC DOJ Russia Myth set up DC’s Insider Club to bash on President Trump like a piñata. I take this personally, being characterised as an ignorant, outdated relic and see us up there too being abused.

      Mr. Stone, General Flynn,
      Resist declared war,
      we gotta win

      Liked by 4 people

    • lotbusyexec says:

      Me too. I am sick of them using our Constitution as a punching bag and PDJT as a doormat. May the sword of justice strike swiftly and with great reverberation!

      Liked by 3 people

    • meow4me2 says:

      It’s worse than harassment, it’s persecution. It’s so ugly and so unfair. All they do is give people reasons to hate them, not him.

      Liked by 2 people

  4. Skippy says:

    Thank you, Sundance and Attorney Ristvan, for making this so clear for the public to understand! I appreciate your hard work so much!

    Liked by 28 people

  5. I taught Ristvan everything I know. Thank God after that 5 minutes was up, Ristvan went out and got a real law degree!

    Liked by 4 people

    • lotbusyexec says:

      He’s also a pretty good writer/author. Did you teach him that also ;)? Ristvan certainly has many talented and loving friends and MANY, many friends her at TCTH. What would we do without Sundance and all of you SUPER savvy, smart and well educated Treeper’s? I don’t know and don’t want to find out. Have a blessed Thanksgiving all and many thanks to all for enlightening my days and bringing me the real news ❤️

      Liked by 4 people

  6. Fools Gold says:

    A big shout out to Ristvan for being a great Patriot lawyer for Justice whom we all respect here at the CTH! ⚖️

    Liked by 17 people

  7. GB Bari says:

    This all sounds favorable to the President. Straightforward and logical.

    So next we may see what new twisted and contorted interpretations of the Constitution and/or prior court decisions (stare decisis or stark deceit?) that Chief Injustice Roberts can conjure up to harass the President even more.

    Liked by 5 people

  8. iswhatitis says:

    I don’t think I grok some of the wording in the Order:

    Should the petition for a writ of certiorari be denied, this stay shall terminate automatically.

    To this layman it reads that if the judge denies the petition then the President will have to turn over the taxes. If that is the case; I can see the Obama-judge denying it so that the taxes have to be produced.

    Anyone have a clearer and better explanation? Attorney Ristvan?

    Like

    • RandomAussie says:

      The ‘writ of certiorari’ is the application to the Supreme Court for them to hear it. So if that application isn’t filed by the deadline, or if the Supreme Court denies the application and decides not to hear the case, THEN Trump has to turn over the tax returns.

      Like

      • iswhatitis says:

        Understood. Thank you for the explanation!

        So there is potential exposure there – not the way I misunderstood it – but it is still there.

        Hopefully the SC doesn’t deny the petition…

        Like

  9. JimInNH says:

    Perhaps some seek to equate impeachment as only a parliamentary vote of no-confidence.
    Nor was it meant to serve as simply an ‘election recall’.

    Liked by 1 person

  10. Perot Conservative says:

    Personally, I wish Sundance or some techie so we could all commune on Dec 9th via a VPN (virtual private network or such)… show our faces, or wear a costume mask … popcorn in hand … poodle or pup, Trump tshirts, cold beer, margarita, or diet coke … let’s hope its a joyous day.

    The Recent Emotional Stages of the CTH?

    I. The Big Ugly Phase – Clear Legal Victory across the board
    II. Somber / Depressed? – The Swamp is Deep, Wide, & Entrenched
    III. AG Barr Nomination – a Glimmer of Hope
    IV. No charges? McCabe & Comey. More of the same.
    V. Barr & Durham – our Mantle & Ruth? Things getting serious.
    VI. Durham adds additional staff and reports are its now a criminal investigation
    VII. OIG FISA Report – Time to Get Real

    Liked by 1 person

  11. wodiej says:

    “Show us yours, and we’ll show you ours.”

    Liked by 1 person

  12. Caius Lowell says:

    While we’re at it, we’d like to see 0bama’s citizenship, birth certificate, and academic records…

    Liked by 3 people

  13. Harlan says:

    If Trump is forced to publicly reveal his tax returns, then EVERY elected official, from EITHER party must also be forced to do the same.

    I am damned sick and tired of the Double Standard.

    Liked by 4 people

  14. capetribulation1 says:

    Tax returns must be made PUBLIC not only for every elected official, but for every unelected bureaucrat appointee in key positions in every agency and department, including diplomats (Ukraine has made me very suspicious regarding bribery!).

    Like

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