Under magistrate law they have no authority of the sovereign person known as Donald J (The J is for genius) Trump and he does not acknowledge the admiralty court known as the judiciary branch of the United States government. As a freeman of the land and a corporation he does not wish to engage in commerce or contracts with the federal judiciary…
Obviously, in some cases. Executive privileged, for example. And perhaps if the sole purpose of legislative actions are to intimidate the executive.
Or, failing that, perhaps the request should just beignored…as in subpoenas during fast and furious.
There is a lot Trump could still learn from Obama in how to go around Congress.
Enhhh…NPR of all places seems to agree with me that the same argument could be made here as with subpoenas.
And that to release the returns, it may be necessary to show a legislative purpose
"* What would happen next is uncharted territory. Based on recent events, Trump might deploy Justice Department lawyers, and perhaps private lawyers, to fight the request in court. The process might resemble the not-infrequent legal battles over congressional subpoenas for executive branch documents. But the committee access provision has never been before a federal judge.
Were Congress to get access to Trump’s returns, it would be easy for lawmakers to disclose the information, despite various privacy protections that exist for taxpayers. The chair or committee with Trump’s tax returns could submit them to the full House or Senate if there’s a legitimate legislative purpose."
It’s a argument on very weak grounds… The intent and language of the law is very clear… Of course we can all speculate on how a legal challenge might turn out, but I think it’s pretty clear that congress wrote this into the law for these exact kind of situations. From the George Yin article cited in the NPR piece…
Congress changed the law in 1924 to address a separation-of-powers concern. Democratic Rep. John Nance Garner of Texas, then-ranking member of the Ways and Means Committee, described the problem succinctly on the House floor:
Under the present law, if this House passed a resolution requesting the Secretary of the Treasury to send the returns of John N. Garner to Congress, he could not do it without violating the law. The law tells him that he cannot send it to the House of Representatives without the direction of the President of the United States. So the House of Representatives itself has not the power to get these returns. Now, I think the House of Representatives ought to have the power to ask the Secretary of the Treasury for these returns and get them. 4 [Emphasis added.]
To announce it, the night of the ejection, was knee jerk. They took the wind out of their own sails too. Announcing it 2 months before you can actually do it will do that.