usmbguest5318
Gold Member
No. Trump says it is off limits and his 5th amendment rights should be observed.
That's an interesting notion; however, in Fisher v. United States, the SCOTUS established that government generally has a right to every citizen's testimony. One's tax returns are among that testimony because it consists of attestations taxpayers make to governments. The reason, with regard to federal matters, is that by submitting one's tax return to the IRS, the U.S. Government already has possession of that information. As long as the U.S. Government is the accuser, it is free to use any and all information already in its possession.
(There may be some administrative procedures the DoJ just go through to get returns from the DoT, but that's not an obstacle. It's little but a tee that needs crossing.)
It's also possible that Mueller may demand that Trump provide the returns himself and then compare what Trump provides with what the IRS provides. Any discrepancies, depending on their nature, could then be used to indicate a deliberate effort to obstruct justice. That would, in turn, strengthen the government's mens rea argument(s).
One's efforts to learn about and research the precedents and legal theory pertaining to the abrogation of the 5th Amendment would begin well reading either of the two following documents: