Congressional Democrats cite their broad power of “congressional oversight of [the Trump] administration and the power to issue “subpoenas . . . to conduct investigations to further legislation” as justification to subpoena all of the personal and business financial records for President Trump, his adult children, Donald Jr., Eric and Ivanka, and the Trump Organization.
Sounds like a “fishing expedition” by the Democrats, to hopefully, get enough dirt on a sitting President, in order to unseat him by impeachment; or, at the polls in 2020. Unfortunately, an Obama appointed District Judge, Amit Mehta, doesn’t agree; the Obama Judge “found that Congress was ‘not engaged in a fishing expedition’ for the president’s financial records when it subpoenaed Mazars [Trump’s CPA firm] and said that documents obtained might assist Congress in passing laws and performing other core functions.”
Unbelievable… “might assist . . . in passing laws!?” I think we have enough laws on the books, e.g., bank fraud, wire fraud, mail fraud, money laundering, tax evasion, ad infinitum! Obama Judge Mehta should have dusted off his copy of the Constitution and read it before issuing this preposterous ruling.
Article I, Section 1 states that “All legislative Powers herein granted shall be vested in . . . Congress . . .” There is nothing in Sections 2 through 7 that states that Congress has “oversight” authority over the President personally, or, the Executive Branch. In fact, the word oversight is nowhere to be found in the Constitution. Section 2 does stipulate that the House of Representatives “shall have the sole Power of Impeachment;” and, Section 3 states that the Senate shall have the sole Power to try all Impeachments.”
Article I, Section 8 lists seventeen Powers of Congress but, “congressional oversight” of the President and his family is not mentioned. Article II, Section 1 states that “The executive Power shall be vested in a President of the United States of America;” and, further states that his “Compensation . . . shall neither be increased nor diminished during the Period for which he shall have been elected. . .” This would suggest that the Constitution has provided for a “separation of powers” preventing the Congress from passing legislation, or, conducting investigations, that would force the President to violate his Oath to support the Constitution by doing the bidding of Congress, which may be unconstitutional.
Furthermore, just because he is President, Donald Trump and his family did not forfeit or relinquish their constitutional rights, in particular, the Fourth Amendment right “to be secure in their persons, houses, papers, and effects, against unreasonable searches and seizures . . . “ and, their Fifth Amendment right not to “be compelled . . . to be a witness against” themselves.
The subpoenas issued by Congress for the Trump families financial records are no different than the “writs of assistance” issued by colonial courts authorizing officers of the British crown to summon aid and enter and search any premises. These writs of assistance were the basis or reason for the Fourth and Fifth Amendments. And, Congress cannot pass laws to circumvent any American’s rights, including those of the President of the United States and his family.
As Chief Justice John Marshall stated in 1803, “The powers of the legislature are defined and limited; and that those limits may not be mistaken, or forgotten, the constitution is written.”
In 1886, Justice Bradley stated, “. . . any compulsory discovery by extorting the party’s oath, or compelling the production of his private books and papers to convict him of crime, or to forfeit his property, is contrary to the principles of a free government. It is abhorrent to the instincts of an Englishman; it is abhorrent to the instincts of an American. It may suit the purpose of despotic power; but it cannot abide the pure atmosphere of political liberty and personal freedom. . . constitutional provisions for the security of person and property should be liberally construed. . . It is the duty of the courts to be watchful for the constitutional rights of the citizens, and against any stealthy encroachments [by Congress and Government].”
In 1928, Justice Brandeis continued this theme, “The makers of our Constitution . . . conferred, as against the Government, the right to be let alone—the most comprehensive of rights and the right most valued by civilized men. To protect that right, every unjustifiable intrusion by the Government upon the privacy of the individual, whatever the means employed, must be deemed a violation of the Fourth Amendment. And, the use, as evidence in a criminal proceeding, of facts ascertained by such intrusion must be deemed a violation of the Fifth.”
The only legitimate powers of oversight Congress has, pertains to the seventeen powers authorized in Article I, Section 8, which does not include the oversight of the President and his families’ personal financial affairs. Congress does have the authority to make sure that the funds they appropriate are spent accordingly. For example, if they appropriate $10,000,000 for road repairs, they have the authority to make sure that none of that money is spent for lavish trips and conferences for high-level cabinet members or other government bureaucrats.
Article II, Section 4 states that “The President . . . shall be removed from Office on Impeachment for, and conviction of, Treason, Bribery, or other high Crimes and Misdemeanors.” There is no evidence that this President did any of these things. In fact, the Mueller Report confirms this.
The Democrats in the House of Representatives are abusing their power, attempting to circumvent the true meaning of the Constitution, violating their oath to support the Constitution, and, through unjustified investigations, attempting to increase their power at the expense of individual freedom.
It is hoped that the Courts, especially the Supreme Court does their duty, as Justice Bradley aptly stated, “It is the duty of the courts to be watchful for the constitutional rights of the citizens [to include the President and his family], and against any stealthy encroachments [by Congress].”
Dum Spiro, spero—While I breathe, I hope.
Slainte mhath,
Robert G. Beard Jr., C.P.A., C.G.M.A., J.D., LL.M.
