Tag Archives: Undue burden

Average Joe SCOTUS: Trump v. Mazars

So we all know, the DNC controlled House of Representatives not only hates Trump and are working hard day and night to remove him from office legislatively, if not at the ballot box. As a libertarian who dislikes Trump immensely, even I am put off by the amount of effort going into this by Democrats who are playing politics at the level of full-blown hatred, instead of just accepting that this is our current situation with Trump, and they should only make efforts to win in 2020.

Well, here’s another instance of them abusing their authority. Despite having no credible evidence of a crime, Congress has demanded Trump’s personal financial records, in hopes to uncover some wrongdoing. They’ve presented it as they need this info to consider how to draft new law.

Meaning they’re acting as though they aren’t looking to convict him of anything, they just want to be able to write good law, and his financial records will somehow help them. Is there anyone who believes this bullshit one iota? I hope not. Congress wouldn’t even elaborate on what law they’re looking to write.

So despite congress’ assertion, let’s assume they’re lying political hacks, because they have a good record of being exactly this. Let’s also assume that they’re using this in hopes to find an impeachable offense in the records, because they also have a record of this.

Here’s a couple of issues with this.

First: If the professionals at the IRS who most assuredly audited him didn’t find anything worthy of indicting him on, it is unlikely congress will either.

Second: Any write-offs he took advantage of, that the assholes in congress passed in the first place, will be used to argue Trump is just a greedy rich asshole, instead of that they passed a shitty law, favoring some of their favorite assholes, which Trump was able to exploit too.

Third: And this is most important, in a free country, my personal financial records should be none of anyone’s fucking business ever. EVER!!! The fact we have an income tax which penalizes people for success, instead of a consumption tax which merely takes a fair cut of commerce, is disgusting.

Fourth: We don’t subpoena records to see if there is a crime in them potentially, which is what congress is doing. We have evidence of a crime occurring, and then subpoena records that would confirm or exonerate someone of that crime, based on the evidence suggesting that the crime which occurred has evidence in those records.

Anyway, enough of my own personal opinions, let’s talk about this case.

Trump sued his accounting firm to prevent them from complying with his subpoena. That’s why it’s argued as him against them as opposed to Trump against the government.

Trump is claiming that this is an undue burden on him. But the respondent is arguing that Trump literally doesn’t have to do anything. The subpoena is for his accountant, and doesn’t require any work at all.

However, in this testy exchange, Justice Alito clearly saw through this shenanigan of an argument.

Stephen G. Breyer

Yes, you emphasized it goes to a private person and it’s for tax returns.

But the subpoenas that I’ve seen go far beyond that.

They apply to 15 Trump-affiliated entities.

They ask for all documents related to opening of accounts, due diligence, closing, requests for information by other parties, et cetera. Now that’s a lot of information, and some of it’s pretty vague.

And if somebody subpoenaed you for that information or subpoenaed your tax accountant or subpoenaed somebody in your business, wouldn’t you at least want to know what was being turned over? Wouldn’t you want to ask them? And might that not take time? And might that not take effort? So my problem is there may be burdens here, third-party or not, and not just political burdens.

The job of the House and Senate, in part, as the President, is politics.

That doesn’t bother me. But the Clinton v. Jones information does bother me.

And the fact that what I hold today will also apply to a future Senator McCarthy asking a future Franklin Roosevelt or Harry Truman exactly the same questions, that bothers me. So what do I do?

Douglas N. Letter

Justice Breyer, I fully understand that concern.

None of the subpoena recipients have complained about burden.

The reason these subpoenas go back a ways is because, as you know —

Stephen G. Breyer

I’m sorry to interrupt you.

I’m not talking about their burden.

I’m talking about the President’s burden in having to monitor, decide if there are privileges, figure out what his answers are to all those documents you are requesting which go, in my opinion, way, way, way beyond just tax returns.

SCOTUS is now charged with determining if Trump must comply with these unreasonable and clearly dishonest requests from congress.

SCOTUS opined that they understand this shit had deep political implications, and potentially opens the door for congresses of the future to go after any sitting president they dislike.

The president argued that congress should demonstrate a specific need, and SCOTUS said, “Nah, dawg.”

But the House argued that that they only needed to have a valid legislative purpose, and SCOTUS said, “Nah, dawg” to that, too, fearing it opens the door for a malicious congress to harass a president.

SCOTUS instead, decided to write their own rules for this.

  1. The courts have to prove only the president’s records will help, and not some other asshole’s
  2. Courts can’t make this shit any broader than is needed for what they’re doing
  3. Courts should review it, to make sure it’s legit, kinda like a warrant
  4. The courts should determine if the president is being harassed, or the subpoena is legit.

Thomas said Congress should simply not have the right to ask for private and unofficial documents from anyone, in his dissent. Alito felt like the House hadn’t met the burden of the test laid out by SCOTUS above. The rest sided with Mazars.