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Democrats under dilemma on publishing Trump’s tax records

If the Democrats enjoying majority in the outgoing House don’t do it immediately, they can never after Republicans take over the House in January 2023, a report by T.N. Ashok

The Democrats face a serious dilemma on whether or not to publish former US President Donald Trump’s tax records through the Congress, as the Supreme Court has denied Trump’s appeal against it, and if the Democrats enjoying majority in the outgoing House don’t do it immediately, they can never after Republicans take over the House in January 2023.

The unusual situation has arisen with the Supreme Court’s decision recently to deny the motion by Trump’s legal team to block public disclosure of Trump’s tax records citing executive privilege of a former President. As the apex court cleared the way, the Democrats had already lost the majority in the House of Representatives where Republicans hold 222 seats against 213 seats of the Democrats — pre-midterms it was 220 vs 212 seats as the matter was pursued.

Public disclosure of Trump’s tax records follows relentless investigation by the office of the Attorney General Letitia James and her predecessor Cyrus Vance, who has sued Trump for $250 million in punitive charges plus recovery of unpaid taxes over a period of 10 years when Trump Business systematically evaded taxes, inflating property values to obtain loans fraudulently from banks (Deutsche bank) and advantaging loopholes in tax laws to pay little or no taxes at all while showing a different value of properties in the tax books.

CNN, often described by Trump as Clinton News Network, for its liberal bias, in its report quoting experts said experts have travelled down this road several times before.

Attorney General Letitia James

“Many times. Remember 2016, during Trump’s first presidential run, when the man himself told us that we would see his returns “as soon as the audit was over”? The audit never seemed to end, and an audit would not prohibit him from releasing the returns in any event.”

The former Manhattan District Attorney, Cyrus Vance, who first subpoenaed Trump’s tax returns from the accountant Mazars in 2019, and actually got them years — and multiple legal cases — later.

The Trump tax returns case is now a battle with the Democratic-controlled Congress which will change to Republican hands in January 2023.

Since 2019, the Democrats House Committee on Ways and Means Chair Richard Neal relentlessly tried to to get Trump’s returns under a statute which empowers him to obtain just that.

“No judge — not even Trevor N. McFadden, the lower court-Trump appointee, who delayed the matter and gratuitously suggested that Congress could, but should not, publish the returns — has ever disagreed,” the CNN reported.

As Congressman Bill Pascrell said, “Trump’s legal team just about managed to delay and drag the matter for 1,329 days since the committee sought the former President’s tax returns, nearly as long as the American Civil War.”

The matter has now come to fruition with the Supreme Court — without opinion or dissent — has summarily rejected Trump’s request to block the release of his tax returns.

Congress should have either got the returns by now or is in the process of getting it, reports say. The Democratic majority in the House now is legally entitled to publish Trump’s returns. But the Democrats are not the Republicans and are not used to taking hasty decisions. The Democrats are hoping against hope to avoid hasty and vindictive probes from the incoming Republican House, the CNN report said.

U.S. President Donald Trump walks on the South Lawn before departing from the White House in Washington D.C., the United States, on Oct. 22, 2018.(Xinhua/Ting Shen/IANS)

The New York Times has been vigorously pursuing Trump’s tax information through journalistic means and published a detailed analysis of 20 years’ worth of the former President’s returns, showing that he paid little or no taxes in most years.

The Manhattan District Attorney’s contention is that Trump Business engaged in clear and obvious tax fraud, paying its Chief Financial Officer Allen Weisselberg in untaxed, unreported forms, such as through private school tuition payments for his grandchildren.

The Attorney General has argued that there was a pattern to the tax fraud as it was consistent with decades of Trump family’s aggressive tax avoidance. The Trump Organisation has rejected claims by the Attorney General’s office of Letitia James, a Democrat, as being part of a “witch hunt” by the Democrats.

Weissleberg has confessed to tax frauds in the Trump Business without implicating Trump. He has promised to testify in the case — it remains to be seen if he will implicate Trump and his grown-up children accused of tax fraud.

If the Democrats don’t move against Trump now by publishing his tax returns obtained under the legal process of a Supreme Court ruling, then it’s a major opportunity lost, say political observers.

The entire drama of Trump’s tax fraud actually calls for wide ranging reforms to plug loopholes in the taxation system, taxation experts say. The House Ways and Means Committee has relied heavily on its roles to monitor the executive branch’s administration of the tax laws and on its legislative responsibilities.

The debate is now about what new laws are needed to avoid the Trumpian tax saga. The moral question for the American citizen is, is there something wrong with the tax administration system that a billionaire President can pay no taxes. However, high the post, even if it be President, the American citizen would agree that they should be held accountable.

Tax returns of all Presidents and Vice-Presidents are subject to annual audits under a law passed in 1977 by the Congress.

Did an audit of Trump’s tax returns reveal anything? Was Team Trump pressed to defend all of their tax positions? Were adjustments made? Why or why not? What, planning –alleged fraud in the Weissenberg case — not been checked over the decades? Why did it take the Manhattan District Attorney to find what the IRS did not? These are questions Congress should ask, The CNN said, reflecting largely what it felt was the public perception on the matter.

ALSO READ: Democrats to face acid test on ongoing probe against Trump

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Midterm polls: How bad is it for Biden and Democrats?

President Barack Obama had a word for it when it happened to him in 2010: “Shellacking” – a report by Yashwant Raj

The party in control of the White House is historically known to lose the US congressional midterm elections in the incumbent President”s first term.

President Barack Obama had a word for it when it happened to him in 2010: “Shellacking”.

The Democrats, with their man Joe Biden in the White House, are widely expected to lose the House of Representatives thus. The Senate, which is evenly split at present, could either way; both parties need to improve their tally by just one to take absolute control of the body.

Democrats currently control the White House, the House of Representatives (220 to 212, with three vacancies) and the Senate (50-50 and Democrat Vice President Kamala Harris’s tie-breaker vote).

The White House is not on the ballot for the November 8 midterm elections. But all 435 seats in the House of Representatives are, as well as 35 of the Senate’s 100. Also in contention are Governorships and legislatures of 36 of America’s 50 states.

US President Joe Biden during a campaign rally in Florida with Charlie Crist, who is running for Governor and Val Demings, running for Senate.(Photo: Twitter@TheDemocrats)

“Midterms are usually a referendum on the sitting President,” said Doug Schwartz, Director of the Quinnipiac University Poll, whose election findings and forecast are followed closely in political circles. “Having said that, we have noticed that voters are distinguishing between incumbent Democratic Senators and the Democratic President.”

President Biden has been polling badly, and remains unpopular. His approval rating for October was 40 per cent – down from 44 per cent in August, which has been the highest he has reached, according to Gallup polls. Former President Donald Trump was at 42 per cent and Obama was 45 per cent at this time, in October of the second year of their first terms, 2018 and 2010 respectively.

Here is what happened in the 2010 midterm. Republicans wrested control of the House of Representatives from Democrats picking up 63 extra seats. The magnitude of their victory – and the Democrats’ defeat conversely – was summed up by Obama as a “shellacking”.

Trump fared better, but only marginally. In the 2018 midterm election, Democratic won back the House of Representatives with 41 more seats.

Dr. Jill Biden, First Lady of the United States, casts early vote for Midterm elections. (Photo: Twitter@TheDemocrats)

Biden and Democrats were in the shellacking-territory till some months ago, according to pollsters, buffeted by out-of-control inflation, which was exacerbated by oil prices surge due to the Ukraine war, and failure to deliver on his poll promises mainly because of differences amongst Democrats themselves. His approval ratings sank to 38 per cent in July.

Then came a string of legislative victories, headlined by the sweeping Inflation Reduction Act, which cut prescription drugs costs, extended healthcare and marked the most aggressive action taken on climate change ever. And it raised taxes levied on those making more than $400,000 a year.

“Today offers proof that the soul of America is vibrant, the future of America is bright and the promise of America is real,” Biden said at an event to celebrate the Act a month after.

Biden’s popularity went up to 44 per cent in August.

Democratic party’s fortunes saw an uptick at the same time because of a completely unrelated development: the Supreme Court’s ruling ending abortion as a constitutional right of 40 years. Even Republicans – some, not all – were appalled. Kansas, a solidly Republican state, voted to protect abortion, defeating a measure that could have restricted or outlawed it.

Joe Biden and Barack Obama (Photo Instagram)

Democrats now had a national issue, and suddenly it seemed they were ready to beat the precedent of the ruling party losing the midterms. “Pollsters started seeing conditions improving for Democrats, making races more competitive,” Schwartz said, adding, “the abortion issue became a key factor in some special elections favouring Democrats”.

And that proved to be a short lived bump. FiveThirtyEight, a well-regarded poll aggregator and forecaster noted that Republicans have since “regained much of the advantage they had before” the ruling. And now, the Republican party has roughly a 4-5 chance of winning the House.

The bulk of the 36 states going to polls are expected to re-elect the incumbent Governor or the nominee of the party currently in power. But there are exceptions. Some states could flip. Maryland and Massachusetts are likely to pass from Republican to Democrat Governors, and Republicans could pick up Nevada, Wisconsin, and Oregon.

The most watched gubernatorial races include Governor Ron DeSantis’s run for a second term in Florida. He is widely seen as preparing for a White House run for 2024 and a defeat now will be suicidal. The other interesting contest is in Georgia, a solidly Republican state that voted to Biden in 2020 – incumbent Brian Kemp is running for a second term. His challenger is Democrat Stacey Abrams and, to an extent, former President Donald Trump who has openly called for his defeat for refusing to help him overturn the Georgia vote in the 2020 presidential election.

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