They Did it! CA lawmakers pass bill requiring Trump, presidential candidates to release tax returns

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SMOGZINN

Lifer
Jun 17, 2005
14,218
4,446
136
Regardless they have Laws that determine accountability.
Which the DOJ says that a sitting President is immune to.

Long-standing protocol dictates
You mean all the long-standing protocols that Trump has completely ignored?

That’s one reason that the FBI director serves a 10-year term and does not turn over the reins as presidential administrations come and go.
You mean like the head of the FBI that Trump dismissed just 3 years into his term as director of the FBI because he was investigating Trump? Are you still even arguing that the IRS could effectively handle this?
 

brycejones

Lifer
Oct 18, 2005
26,717
25,053
136
Regardless they have Laws that determine accountability.

Long-standing protocol dictates that the FBI and Justice Department operate free of political influence or meddling from the White House. That’s one reason that the FBI director serves a 10-year term and does not turn over the reins as presidential administrations come and go. It also means that presidents are not supposed to supervise, initiate or stop law enforcement investigations.

Have you been paying attention?
 

fskimospy

Elite Member
Mar 10, 2006
84,825
49,526
136
Regardless they have Laws that determine accountability.

Long-standing protocol dictates that the FBI and Justice Department operate free of political influence or meddling from the White House. That’s one reason that the FBI director serves a 10-year term and does not turn over the reins as presidential administrations come and go. It also means that presidents are not supposed to supervise, initiate or stop law enforcement investigations.

Yet the president fired the head of the FBI for investigating him.
 

JSt0rm

Lifer
Sep 5, 2000
27,399
3,947
126
Can we get a list of the states rights that are ok from our alt-white members?
 

Viper1j

Diamond Member
Jul 31, 2018
4,196
3,699
136
Looks like this one is stalled for now. I didn't think it would hold up.


Stalled, not stopped.

It's only a temporary order, just a bump in the road. The fact that it's all inclusive, will help it win the day.
 

BoomerD

No Lifer
Feb 26, 2006
63,436
11,761
136
So...could California simply refuse to put his name on the ballots...and refuse to count any write-ins?
 

woolfe9998

Lifer
Apr 8, 2013
16,189
14,102
136
Stalled, not stopped.

It's only a temporary order, just a bump in the road. The fact that it's all inclusive, will help it win the day.

I doubt it. Judges almost always end up ruling consistently with their decision on the temporary/preliminary injunction. One of the factors for imposing this kind of temporary injunction is "probability of success on the merits" so when he imposes the injunction he is saying it's unlikely CA will win in the end.

What I'd like to know is the rationale for this. AFAIK the Constitution permits the states to adopt their own rules for candidate qualification.
 

Greenman

Lifer
Oct 15, 1999
20,657
5,346
136
So...could California simply refuse to put his name on the ballots...and refuse to count any write-ins?
That seems to be the heart of the issue. The constitution enumerates the requirements one needs to be president. CA is proceeding on the assumption that changing the requirements to get on the ballot doesn't infringe on that. It seems to me that we could end up with fifty different sets of requirements, it also seems to step on a person's right to privacy. I don't know anywhere near enough law to have a decisive opinion. My hunch is it end up in front of the supremes and die there.
I can't even begin to guess if they could simply not put him on the ballot, it seems like that would be frowned on.
 

Vic

Elite Member
Jun 12, 2001
50,415
14,307
136
That seems to be the heart of the issue. The constitution enumerates the requirements one needs to be president. CA is proceeding on the assumption that changing the requirements to get on the ballot doesn't infringe on that. It seems to me that we could end up with fifty different sets of requirements, it also seems to step on a person's right to privacy. I don't know anywhere near enough law to have a decisive opinion. My hunch is it end up in front of the supremes and die there.
I can't even begin to guess if they could simply not put him on the ballot, it seems like that would be frowned on.

How is requiring sufficient financial disclosure to ensure that the President is not in violation of Emoluments Clause changing the Constitution? While at the same time, States have absolute Constitutional power to determine their own requirements for President, and to control their own elections. Fifty different sets of requirements is exactly what the Framers of the Constitution, as this is a fundamental aspect of States Rights. Meanwhile, public officials have no rights to financial privacy for as long as they choose to remain public officials. This is a crucial check on corruption. This isn't going to the Supremes.
Your post is not only not based on the Constitution, it's one of the most un-republican ideas I've ever seen. States unable to control their own elections, public officials insulated from public scrutiny.. wtf?
 
Reactions: JSt0rm

Greenman

Lifer
Oct 15, 1999
20,657
5,346
136
How is requiring sufficient financial disclosure to ensure that the President is not in violation of Emoluments Clause changing the Constitution? While at the same time, States have absolute Constitutional power to determine their own requirements for President, and to control their own elections. Fifty different sets of requirements is exactly what the Framers of the Constitution, as this is a fundamental aspect of States Rights. Meanwhile, public officials have no rights to financial privacy for as long as they choose to remain public officials. This is a crucial check on corruption. This isn't going to the Supremes.
Your post is not only not based on the Constitution, it's one of the most un-republican ideas I've ever seen. States unable to control their own elections, public officials insulated from public scrutiny.. wtf?
Could all be correct, I sure as hell don't know. My hunch is it won't stand, but I've been wrong before.
 

Viper1j

Diamond Member
Jul 31, 2018
4,196
3,699
136
I doubt it. Judges almost always end up ruling consistently with their decision on the temporary/preliminary injunction. One of the factors for imposing this kind of temporary injunction is "probability of success on the merits" so when he imposes the injunction he is saying it's unlikely CA will win in the end.

What I'd like to know is the rationale for this. AFAIK the Constitution permits the states to adopt their own rules for candidate qualification.


Except that wasn't the reasoning of the court. The ruling was made to prevent ""irreparable harm without temporary relief". The merits have yet to be argued.
 

cytg111

Lifer
Mar 17, 2008
23,561
13,122
136
It’s illegal to investigate a sitting president for any crimes he may have committed.


"the president’s lawyers claim such a request is unconstitutional because the founding fathers believed sitting presidents should not be subject to the criminal process. “The framers of our Constitution understood that state and local prosecutors would be tempted to criminally investigate the president to advance their own careers and to advance their political agendas,” "

Damn son. If only Capone had that idea! Or Manson. Or....
 

woolfe9998

Lifer
Apr 8, 2013
16,189
14,102
136
Except that wasn't the reasoning of the court. The ruling was made to prevent ""irreparable harm without temporary relief". The merits have yet to be argued.

Except you are reading from an article, not the court's legal opinion. Irreparable harm is another element considered in whether to grant an injunction. It has to be weighed and balanced with several other factors, the most important of which is the likelihood of success on the merits.



Given that the article describes a discussion of the merits of the case, with the judge evidently asking about whether "a federal financial disclosure law preempts states from imposing additional rules," it means the judge has made a preliminary finding on the merits, because he's actually required to consider them for a temporary injunction. As a practical matter, these preliminary injunctions are almost always made permanent. Not always, but the vast majority.
 

Greenman

Lifer
Oct 15, 1999
20,657
5,346
136
How is requiring sufficient financial disclosure to ensure that the President is not in violation of Emoluments Clause changing the Constitution? While at the same time, States have absolute Constitutional power to determine their own requirements for President, and to control their own elections. Fifty different sets of requirements is exactly what the Framers of the Constitution, as this is a fundamental aspect of States Rights. Meanwhile, public officials have no rights to financial privacy for as long as they choose to remain public officials. This is a crucial check on corruption. This isn't going to the Supremes.
Your post is not only not based on the Constitution, it's one of the most un-republican ideas I've ever seen. States unable to control their own elections, public officials insulated from public scrutiny.. wtf?
You were completely wrong in the case of CA. I was wrong in that id died at the state level, not the fed.
 

compuwiz1

Admin Emeritus Elite Member
Oct 9, 1999
27,113
925
126
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