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Tax,
Government,
Constitutional Law

Jun. 3, 2019

Will court’s allow Congress to investigate Trump taxes?

If these cases are upheld on appeal, which seems likely, the House will have breached Trump’s “redline” refusal to turn over his personal and business records going back to 2011. It also will be the first time the courts have allowed Congress to investigate a president’s finances, including his complex business interests.

John H. Minan

Emeritus Professor of Law
University of San Diego School of Law

Professor Minan is a former attorney with the Department of Justice in Washington, D.C. and the former chairman of the San Diego Regional Water Quality Board.

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Will court’s allow Congress to investigate Trump taxes?
Trump at the White House earlier this month. (New York Times News Service)

Article I of the Constitution grants Congress all legislative power. Its power to investigate is fundamental to the implementation of existing laws and to evaluating which new laws are required. Thus, the power to investigate is critical to the discharge of Congress' legislative function.

The U.S. Supreme Court has long held that Congress must be able to gather relevant documents, testimony, and other evidence from the executive bra...

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