Professor Jed Shugerman wrote an article published in The Atlantic about two bills that could impact the legal fight over President Donald Trump’s tax returns and his pardon power.
On Wednesday, the New York State Senate approved two important bills that could shape the legal fight over President Donald Trump’s tax returns and his pardon power, if they become law. But one of those bills—the one allowing New York State to give tax returns upon a request from Congress—also includes a word that could undermine the U.S. House of Representatives’ efforts to get Trump’s state taxes. That specific word is specific. And that word gives the House a new reason—in addition to all the ones it already possesses—to initiate a formal impeachment inquiry.
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House Democrats already had good reason to formally launch an impeachment inquiry and then connect their subpoena requests and tax requests to this proceeding. A growing chorus of conservative legal commentators is floating the argument that a request for tax returns ultimately driven by partisan politics does not clear the bar of serving a “legitimate purpose,” even if the House explicitly cites other purposes. Some legal experts are making a constitutional argument that such requests violate the separation of powers, unless the House is formally pursuing impeachment. This argument would challenge most of the House subpoenas.