“President Donald Trump has defied a congressional subpoena and refused to deliver his tax returns as the law requires. The headlines say that the decision is Secretary of the Treasury Steven Mnuchin’s, but that, of course, is a fiction. Mnuchin’s statement insists that he acted on the advice of the Department of Justice. But the law and the precedents are clear: Congressional subpoenas must be complied with, and neither the president nor the courts have any authority to judge which subpoenas “serve a legitimate legislative purpose” and which do not. Congress is its own judge in these matters, as the Supreme Court affirmed in 1975 in the classic case on the topic.
Most analysts explain Trump’s actions as a play for time. He may ultimately lose—but if that ultimately can be postponed past November 2020, a late loss may serve as the next best thing to a win.”
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