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The Establishments war on Donald Trump
See other The Establishments war on Donald Trump Articles

Title: Federal judge to NY: Don’t turn over Trump’s state tax returns to Congress - for now
Source: HotAir
URL Source: https://hotair.com/archives/ed-morr ... tate-tax-returns-congress-now/
Published: Aug 2, 2019
Author: Ed Morissey
Post Date: 2019-08-02 10:52:07 by Tooconservative
Keywords: None
Views: 146

New York’s attempt to get around the IRS and target Donald Trump has come to a temporary — and surprisingly early — halt. A federal judge issued a temporary injunction that forbids the state to use its new TRUST Act to supply Trump’s state tax records to congressional committees that request them. Judge Carl Nichols took no position on the merits of either side, but wants to make sure that the status quo gets maintained while Trump’s lawsuit against the TRUST Act plays out in court:
A federal judge ordered New York state authorities Thursday to take no action, for the time being, on turning over President Donald Trump’s state tax returns if they’re requested by Congress.

U.S. District Court Judge Carl Nichols of the District of Columbia agreed with the president’s lawyers, who said if they waited to take legal action until after the tax returns were turned over, it would be too late to challenge the state law because the tax documents would have already been made public.

That is the most surprising part of Nichols’ order. Normally, federal courts will not intervene to freeze the status quo unless damage is imminent or already under way and the plaintiff has a significant chance of succeeding with their claim. Nichols didn’t make a determination on either point. In his order, though, he agrees with Trump’s argument that to wait for damage to be imminent would make it too late to take action:

[photo of court order, see the linked PDF for details]

Nichols had asked the two sides to come up with an agreement to keep the situation from arising, but that didn’t bear fruit. Instead, Nichols imposed the order that now requires the state of New York to notify him if Congress attempts to utilize the TRUST Act.

To be fair, Richard Neal hadn’t even yet asked for them, a point which has grated on the nerves of other Democrats. They have pressured the House Ways and Means Committee chair to take quick advantage of the TRUST Act and get Trump’s New York state tax returns, which would allow them a back door to Trump’s finances. Neal has balked at that, claiming it would undermine his argument to use 26 USC 6103 to get Trump’s federal tax returns by making the effort more nakedly political. That clause exists for Congress to have the ability to review the IRS’ operations, not to investigate individual citizens, and a New York state tax return has nothing to do with the IRS. Neal wants to keep pursuing the head-on legal challenge on the basis of the federal law, not undermine the case by revealing the true intent of the demand.

Nichols will hear arguments on the case at the end of the month, starting with New York’s motion to dismiss Trump’s lawsuit blocking the execution of the TRUST Act. Nichols was careful not to overtly tip his hand, but his recognition that damage would be done instantaneously absent this order at least hints that he thinks Trump’s argument against the law has merit. This injunction might be in place for a while.

Poster Comment:

Surprising. But not all that much. Trump appointed this judge.

Nichols was mentioned as a potential judicial nominee in March 2018. On June 7, 2018, President Trump announced his intent to nominate Nichols to serve as a United States District Judge of the United States District Court for the District of Columbia. On June 18, 2018, his nomination was sent to the Senate. President Trump nominated Nichols to the seat vacated by Richard W. Roberts, who took senior status on March 16, 2016. On August 22, 2018, a hearing on his nomination was held before the Senate Judiciary Committee. On October 11, 2018, his nomination was reported out of committee by an 11–10 vote.

On January 3, 2019, his nomination was returned to the President under Rule XXXI, Paragraph 6 of the United States Senate. On January 23, 2019, President Trump announced his intent to renominate Nichols for a federal judgeship. His nomination was sent to the Senate later that day. On February 7, 2019, his nomination was reported out of committee by a 12–10 vote. On May 22, 2019, his nomination was confirmed by a vote of 55–43. He received his judicial commission on June 25, 2019.

And who did Judge Nichols replace? A judge that got MeToo'ed out of his office of chief judge.

Wiki: Judge Richard Roberts

Judicial career

President Bill Clinton nominated Roberts to the United States District Court for the District of Columbia on January 27, 1998, to a seat vacated by Charles R. Richey. He was then confirmed by the United States Senate on June 5, 1998, received his commission on June 23, 1998 and sworn in on July 31, 1998. He served as Chief Judge from 2013 until he took inactive senior status.

Barring CIA destruction of torture tapes

Roberts issued a court order prohibiting the CIA destroying evidence of its use of interrogations in July 2005. CIA Director Michael V. Hayden acknowledged in December 2007 that the CIA had subsequently destroyed hundreds of hours of tapes of the use of "extended interrogation techniques", including the technique known as "waterboarding", where subjects's lungs are filled with water, so they experience the first stages of drowning.

Many commentators have described the CIA's destruction of this evidence as a violation of Roberts's court order. On January 24, 2008, Roberts demanded an explanation from the CIA for the tapes destruction.

On March 25, 2008 Charles Carpenter, a lawyer for a Guantanamo captive from Yemen named Hani Abdullah brought suit against the CIA, before Roberts, arguing that the evidence the CIA destroyed would have helped prove his client's innocence.

Abu Zubaydah

Roberts oversaw a lawsuit by Abu Zubaydah challenging his detention at Guantanamo Bay detention camps which was filed in July 2008 after the Boumediene v. Bush ruling. As of 2015, the judge had failed to rule on any motions related to the case, even the preliminary ones. This led Zubaydah's lawyers to file motion asking Roberts to recuse himself for "nonfeasance" in January 2015.

Inactive senior status and sexual assault allegation

On March 16, 2016, Roberts took inactive senior status, citing unspecified health issues. Judge Karen L. Henderson signed Robert's certificate of disability, allowing him to take early senior status. That same day, Terry Mitchell, the eyewitness from the Franklin trial, filed a federal civil rights suit against him, accusing him of repeatedly raping her when she was a witness in a high-profile Utah murder case 35 years earlier. Roberts's lawyers told members of the press that their client, who was 27 and unmarried at the time, did indeed have a consensual sexual relationship with Mitchell but that it occurred after the trial ended. The complaint was closed March 18, 2016 due to Roberts' retirement.

Sibley suit

Montgomery Blair Sibley, the last lawyer for the late Deborah Jeane Palfrey, sued Roberts for his prolonged failure to file his request to have a gag order lifted, that forced him to keep Palfrey's customer list private. Palfrey was a prominent arranger of trysts with high class call girls, and her client list is believed to be packed with highly placed Washington insiders. In April 2016, the U.S. Supreme Court denied the request to lift the lower court order, in place since 2007, that bars Sibley from releasing any information about her records.

Trump got a favorable decision from a judge he appointed and who was seated on the bench only 5 weeks ago, replacing a Xlinton judge who had raped (or had consensual sex with) a 16yo murder witness in a case he prosecuted in Utah back in 1981 and he resigned the same day that she accused him in federal court and then got disability status as a federal judge and will get his full salary for life but "he had been planning this retirement for some time".

As Mel Brooks would say, "It's Good To Be King." Even more so if you get to appoint the judges. Cocaine Mitch would agree. (1 image)

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