A Star Is Born in the Battle Over Trumpās Tax Returns.
A star is born. The big news in appeals court ruling in the Houseās subpoena for President Trumpās tax records is not that the court supports it, though thatās no small thing. Itās the dissent by the newly minted appeals judge on the D.C. Circuit, Neomi Rao.
She reckons that the way House is going after Mr. Trump violates the constitutional prohibition against bills of attainder.
Brava, your honor. The chief editorial writer of the Sun has been singing this song since Senator Biden and his Judiciary Committee colleagues launched their attack on Justice-to-be Clarence Thomas. The prohibition on bills of attainder, in which a legislature condemns an individual, are flatly prohibited, both to the state and federal governments. Theyāre as un-American as titles of nobility.
Judge Rao cuts through the Houseās humbug about how this investigation is being made pursuant to the legislative power ā as if what the House wants is better laws regulating the president. If that had been its interest, of course, the House would have been trying for generations to pass laws cramping our presidents. The judge gets that the claims to a legislative purpose are gossamer.
The judge quotes a memorandum by the chairman of the House Oversight Committee, Elijah Cummings, a major figure in Congress. The memo, Judge Rao noted, said the committee was investigating āwhether the President may have engaged in illegal conductā and notes that this information would inform āits review of multiple laws and legislative proposals under our jurisdiction.ā
What the judge sees in that is the committee announcing ātwo distinct investigationsā ā āone to explore allegations of illegal conduct by the President; and another to review multiple laws and legislative proposals within the Committeeās jurisdiction. Yet, she notes, the committee ājustifies both inquiries under the legislative power,ā and, she adds, the courtās majority accepts that framework.
She, however, does not. Congressās legislative powers, she notes, are ālimited and enumerated.ā In America, ālegislative power does not include the exercise of judicial power to determine the guilt or innocence of individuals.ā
The full opinion is
here.