Thursday, April 25, 2019

The 5-Minute Fix: A guide to Trump’s fights with Congress

The Washington Post
Democracy Dies in Darkness
The 5-Minute Fix
Keeping up with politics is easy now
By Amber Phillips

President Trump's indignation that special counsel Robert S. Mueller III was investigating him has now been wholly redirected at Congress. 

House Democrats have launched a half-dozen investigations into the president that range from digging into his business practices, to trying to acquire and possibly publicize his tax records, to considering whether he broke the law by obstructing the Mueller probe into Russian interference in the 2016 election. (I rank which ones are most potentially damaging to Trump.)

Trump is systematically trying to block and undercut each one of those investigations, forcing Congress to up the ante to try to get what they need.

President Trump on Wednesday. (REUTERS/Leah Millis)

All these standoffs are unusual, but they get at the heart of the definition of American democracy: one branch's ability to check the other. Here are four battles to watch, ranked from the one he is most likely to lose to the one he is most likely to win.

1. Getting details into Trump's finances: On Monday, Trump sued a member of Congress and Trump's own accounting firm to try to prevent that firm from handing over a decade's worth of his financial statements. A House oversight committee is investigating whether Trump inflated his assets or deflated them to get loans or avoid real estate taxes — which could constitute possible bank fraud.

How this could escalate even more: The accounting firm is willing to hand over the documents, and many legal experts agree Trump's lawsuit to try to stop it is a legal Hail Mary. But could the ensuing court fight take so long that Trump or key members of Congress are out of office by the time it is settled?

2. Talking to Trump's former White House counsel: The House committee that could launch impeachment proceedings wants to talk to one of the key players in the Mueller investigation, former White House counsel Donald McGahn. McGahn testified to Mueller that Trump tried to fire the special counsel, then told McGahn to lie about it.

How this could escalate: Trump is considering telling McGahn not to testify by exerting executive privilege over those conversations. But McGahn is the former White House counsel; he does not work for the White House anymore. Also, legal experts have argued that Trump lost his ability to exert executive privilege the day he decided not to use it when McGahn (and other aides) testified to Mueller.

3. Getting Trump's tax records: Treasury Secretary Steven Mnuchin said he will decide by May 6 whether to let the IRS hand over Trump's tax records to the House Ways and Means Committee, which is looking at how the IRS audits presidents. Trump has refused to publicize his tax returns, as other presidents have.

Treasury Secretary Steven Mnuchin (Erik S. Lesser/EPA-EFE)

How this could escalate: This is likely to turn into a court fight over the meaning of the law that says the IRS "shall" turn over tax records to Congress. Chairman Richard E. Neal (D-Mass.) thinks he is on solid footing here because the law is a century old. Congress could also vote to hold Mnuchin in contempt and even try to put him in jail.

4. Understanding Trump's security clearance process: The same House oversight committee looking into Trump's finances is investigating whether the White House gave top-secret security clearances to people who may have had drug, criminal or financial problems. This investigation has the potential to catch Trump in a lie about whether he overrode security clearance experts to give his son-in-law Jared Kushner access to the nation's biggest secrets.

How this could escalate: Congress is working with a whistle blower and wants to talk to her former boss at the White House, Carl Kline. It subpoenaed Kline, but the White House told him to ignore the subpoena. Kline has indicated he will listen to Trump. Next, Congress could vote to hold Kline in contempt, which could eventually lead to daily fines or the threat of jail time until he agrees to talk to lawmakers.

One way Trump could win all of these legal battles even if he loses them: by dragging them out so long that by the time they are decided, Trump and/or the lawmakers investigating him are out of office. But you know what might be faster? Impeachment.

 
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