Opinion: A rude surprise could be awaiting Trump
Trump Tower in New York this past December. By Harry Litman Harry Litman Contributing columnist focused on legal issues Bio Follow Contributing columnist April 23 at 5:51 PM Not known for his sense of irony, President Trump probably fails to appreciate that his arguments for beating back Congress’s subpoena of his accountant’s records are the polar opposite of arguments he has employed to justify his own conduct.
Trump took the exact opposite approach in Trump v. Hawaii. There, his own statements on the campaign trail had left the strong inference that his immigration order, however dressed, was a “Muslim ban.” But Trump argued that the court needed to focus on whether the order fell within the exercise of legitimate executive authority, while discounting or ignoring his own incendiary political propaganda or engaging in psychological second-guessing of the ”real” reason for his decisions.
Fast forward to Monday’s lawsuit. Just as the president’s power to police the borders is well established, so is Congress’s power of oversight, which the court has made clear is an adjunct of its legislative function. But now, it’s Trump who is questioning motives, averring that Congress lacks any legitimate legislative purpose because its real reason for seeking the accounting records is to harass the president and score political points for 2020.
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