In his clash with Congress, a weak legal case may still help Trump
In courts in New York and Washington, Trump is attempting to beat back subpoenas by Congress to get financial records from accountants and banks Trump and his family do business with. His argument is that congressional Democrats are out to get him and that they have no"legitimate legislative purpose" in seeking his personal records.
Separately, a hearing is set for Wednesday in federal court in New York in a lawsuit Trump, his business and family have filed against Deutsche Bank and Capital One to prevent them from complying with subpoenas from the House Financial Services and intelligence panels for banking and financial records.
The White House approach finds little support among scholars who say Congress' authority to investigate is broad and that in the past century the Supreme Court has never found a problem with a congressional investigation for lack of legislative purpose. A 2017 report from Congress' policy research arm found that"courts today generally will presume that there is a legislative purpose for an investigation.
"Why should this misleading argument be any different from any other misleading argument?" Shane said, adding:"The reason they're not making stronger arguments is because stronger arguments aren't available to them."
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