AGENCY WILL NOT CONFIRM INVESTIGATIONAL STATUS
by Sharon Rondeau
(May 29, 2019) — On Friday, May 24, 2019, New York citizen Robert Laity wrote to the Federal Election Commission (FEC) Inspector General concerning a law passed by the New York legislature on May 22 authorizing the release of President Trump’s state income-tax returns to “any one of three congressional committees,” The New York Times reported.
In recent weeks, Democrat-led congressional committees have subpoenaed six years of Trump’s federal income-tax returns, banking and accounting records, claiming they need to examine them to ascertain whether or not Trump’s current decisions are affected by his former business dealings as head of the Trump Organization.
Despite strident demands since the 2016 election, Trump has declined to release his federal tax returns, claiming they are under audit by the IRS. Critics have said that an audit does not preclude the release of the returns.
As a result of the new law, the congressional committees must request the records from tax authorities in Albany, the Democrat & Chronicle reported.
Two federal judges recently ruled that Deutsche Bank, Capital One and Mazars USA, an accounting firm, must turn over congressionally-subpoenaed records, Fox News reported Tuesday.
On Thursday, Wells Fargo and TD Bank released pertinent financial records to the House Financial Services Committee, led by Rep. Maxine Waters.
Laity’s complaint to the FEC reads:
From: Robert Laity
Sent: Friday, May 24, 2019 11:13 PM
To: OIG <OIG@fec.gov>; Congressman Brian Higgins <brian.higgins@mail.house.gov>; Sharon Rondeau
Subject: New York State’s efforts to force Trump to divulge private NY State Tax returns as a requisite for seeking election
Office of the Inspector General
Federal Elections Commission
I believe that if NY State, or any other State, enacts a law to force disclosure of President Trump’s State Tax returns and financial records, or that of any other candidate for federal office, that it would be in derogation of Article II of the U.S. Constitution, which set’s forth the SOLE pre-requisites for Presidential candidates.
That enactment would be unconstitutional on it’s face.
The Secretary of the Treasury has sole discretion in the release of an individual’s tax returns under federal law. No State law can circumvent that authority. President Trump received a favorable ruling in a case called “Epic v. IRS”, USCCA for DC. The Secretary of Treasury has already told congress that he declines to release Mr. Trump’s private tax returns. The State of NY and other States are trying to make an end run around federal financial reporting laws associated with Presidential candidates.
The Court in Epic ruled in favor of Mr. Trump saying that his taxes cannot be divulged absent a legitimate reason under law. SecTreas. Has already made his decision on congresses’ request. SecTreas. Is NOT legally bound to ask the Joint Committee on Taxation to allow the release of President Trump’s private tax and financial records.
The Democratic controlled State Legislature and Governor of NY are NOT within their authority to release ANY tax records of any individual, absent a legal reason to do so.
Enacting, under color of law, a so called law in order to assist Congress in circumventing the President’s privacy rights with regard to his private tax returns is highly inappropriate and violates the President’s rights under Federal Tax Laws and unilaterally tries to change federal campaign finance laws at a State level for the sole purpose of a fishing expedition in order to see what’s there without legal evidence of a crime or legitimate reason to access said tax and financial records and as an attempt to find dirt to use against an opposing political candidate. This is unconscionable.
Robert C. Laity, Complainant
Laity’s reference to “Epic” refers to a lawsuit filed by the Electronic Privacy Information Center (EPIC) seeking the release of Trump’s federal tax returns and documentation related to the request to the IRS for the returns by Rep. Richard (Richie) Neal (D-MA1), Chairman of the House Ways & Means Committee.
“If the Freedom of Information Act means anything, it means that the American public has the right to know whether records exist in a federal agency which reveal that the U.S. president has financial dealings with a foreign adversary,” EPIC reported as its reasoning for the requests on its website.
An appeal of the case to the U.S. District Court for the Columbia Circuit upheld a lower court’s ruling that EPIC is not entitled to the returns in an opinion issued on December 18, 2018.
On May 22, Secretary of the Treasury Steven Mnuchin testified to the House Financial Services Committee that he does not believe he is obligated to release the tax returns despite the alleged existence of an internal IRS “memo” which reportedly “concluded that the Treasury secretary’s ‘obligation to disclose return and return information would not be affected by the failure of a tax writing committee’ to give a reason for the request.”
“The ‘only basis [for] the agency’s refusal to comply with a committee’s subpoena would be the invocation of the doctrine of executive privilege,’” Politico reported of the alleged memo, of which Mnuchin reportedly was not aware.
On Tuesday, Laity received a written response from the FEC’s Office of the Inspector General stating that “all OIG complaints and investigative matters are confidential under the Inspector General Act of 1978, as amended, and other laws and regulations.”
“Therefore, our office does not provide notice of the opening or closing of complaint-based inquiries or investigations, or information regarding the progress, developments, decisions, results or outcomes of complaint-based inquiries or investigations,” the letter continues.
FEC OIG Laity Response 5.28.19
Sharon Rondeau, thanks a lot for the article post.Much thanks again. Fantastic.
Jigsaw, the “Problem” here is that Secretary of the Treasury Mnuchin ALREADY said that he declines to release Trump’s tax returns because there is NO legitimate or lawful necessity to do so. The State of NY, faced with that binding decision, made by the federal official in government given said authority, namely Mnuchin, has now tried to interfere with the U.S. Secretary of the Treasury’s legal authority to decline to ask the Joint Committee on Taxation to release the private Tax returns of President Trump and any other taxpayer they want to harass without legal cause or entitlement to said release.
The Obots have been visiting.
Okay I see there is still some confusion over the New York state tax law.
Currently Section 697 of the New York tax code lists the general powers of the New York tax commission. Under 697 the tax commissioner can not release an individuals state tax return (paragraph e) but there exceptions. These include releasing returns to the US Secretary of the Treasury, other states’ tax officials and tax officials from cities in New York state.
The new law amends Section 697 to include in these existing exceptions, three Congressional committees. The same three committees that federal tax code also allows to inspect individual’s federal returns.
Message posted with AG Barr today:
https://www.justice.gov/doj/webform/your-message-department-justice/done?sid=9046411&token=28b6d350d5255fe235011d7cec3504a3
God Bless President Trump and AG Barr!
America seems to be a shouting war advancing towards a shooting war in 2019, and LAWLESSNESS from The Party of Crime (Democrats) is leading the way.
Why do cities and states today DEFY FEDERAL LAW and form sanctuary zones to protect illegal aliens?
Why do Democrats broadcast that there is no crisis at our over-run open borders?
Why did seasoned politicians, Hillary Clinton and Susan Rice, cover-up the Benghazi massacre in public?
Why did Mueller spend so many resources undermining a sitting President in coup-like fashion?
ANSWER: BECAUSE THEY WERE/ARE CONFIDENT OF LAWLESSNESS; CONFIDENT THAT NO GOVERNMENT EMPLOYEE OR U.S. COURT OR ATTORNEY GENERAL OR MEDIA OR PUNY CITIZEN ON MAIN STREET USA, ET AL, WOULD EVER HOLD THEM ACCOUNTABLE TO EXISTING PRESCRIBED LAWS, THAT’S WHY!
Behavior is a function of consequence.
It is way past time that the TOP 100 “leaders” of the U.S. Government 08-28-08- TODAY were indicted, fairly prosecuted and punished with the full weight of existing prescribed laws. This includes Nancy Pelosi, Fake presIDent Soetoro- Obama II, Valerie Jarrett, Hillary Clinton, James Comey, Joe Biden, Eric Holder, Loretta Lynch, Robert Mueller, and 91 others.
All societies know their inhabitants are going to misbehave, that’s why they have all sorts of prescribed laws to LIMIT misbehavior. Laws must be in place to stem panic, anarchy and mayhem.
But won’t law enforcement officials also be breaking prescribed laws WHENEVER THEY FLATOUT REFUSE TO ENFORCE LAWS IN THEIR CUSTODY?
ANSWER: Yes
So, President Trump and AG Barr, please establish “The Trial of the Century” in 2019 TO INDICT AND SENTENCE 100 LEADERS OF A U.S. GOVERNMENT-SPONSORED COUP-ATTEMPT TO TAKE DOWN (“fundamentally transform”) OUR CONSTITUTIONAL REPUBLIC THAT BEGAN ON 08-28-08 WHEN NANCY PELOSI FORGED BARRY OBAMA’S PASSPORT INTO THE WHITE HOUSE! https://canadafreepress.com/2009/williams091209.htm
Jigsaw, The bill does effect “State and Local as well as federal officials”. So, it certainly IS an attempt to make an end run around the already codified section I cited regarding the privacy and secrecy of NY State Taxpayer returns, of which class said officials who pay NY taxes belong. It is allowing for the release of President Trumps private tax returns against his will. Federal tax law is not comparable with NY’s new law. The US Secretary of the Treasury is NOT compelled by federal law to seek an individuals tax returns absent a legitimate lawful need for such release. Whereas, the State law now compels the Tax Commissioner to violate sections 3038 and 1825 of the NY State Tax laws., and this for partisan political advantage NOT lawful cause. I for one, a NY State Taxpayer, am appalled that the State has now decided to violate the privacy rights of all NY Taxpayers for the sole purpose of aiding and abetting the criminal and unconstitutional efforts of Democrats in the US House of Representatives to obtain financial and tax information that federal law does NOT entitle them to access. In short, they are now violating the law and have violated their respective oaths of office by doing so.
FYI, the bill passed the New York Senate and Assembly has nothing to do with elections, ballot access, or presidential eligiblity. It dies not require Trump to release his taxes.
What the Trust Act does do is amend New York tax code (specifically Section 697) to require the New York tax commissioner to turn over to certain committees of the US Congress the state tax returns of named individuals. In that regard the Trust Act is patterned after Federal tax law.
The law requires that the committee requesting the state taxes submit the request in writing. While yes, Trump is certainly the reason the code is being amended, it could effect anyone filing New York state taxes.
How will NY residents feel about that?
Furthermore, New York State Consolidated Laws on Taxes Sections 3038 and 1825 deal with disclosure and secrecy of taxes. They apply to ALL NY taxpayers including President Trump.
To enact a law that goes against these privacy provisions in order to target ONE individual for scrutiny (even if it claims to be targeting others also), under color of law, is unconstitutional on it’s face. In order to divulge Trump’s NY State tax returns, the State must REPEAL Sections 3038 and 1825 for ALL NY Taxpayers or no one at all. Targeting Trump alone or with other Candidates for “State and Local offices” places Trump in a class with those so called other candidates in a group who will be deprived of the secrecy and privacy afforded to all those not in said group. THAT would be and is in derogation of the Equal protection under the law provisions of the US Constitution. Taxes are either private for all or NOT private for all. No taxpayer can or should be singled out for deprivation of that privacy for political expedience or rationale. NY a deep BLUE State cannot act in a partisan manner in derogation of privacy laws. Laws that apply to all or to no one. Abusing Trump’s right to privacy, as a NY Taxpayer, in order to assuage Democrats in Congress is a blatant abuse of legislative powers and I trust that NY State Courts will not support NY’s new bill allowing disclosure of Trump’s NY Tax records for federal purposes. If it goes further on to the Federal courts, those courts must see it as an infringement on Trump’s privacy rights, his 14th Amendment rights, the US Constitution Art.II and the rights of all NY Taxpayers. If just ONE NY Taxpayer can be targeted for disclosure of his/her private taxes, no NY Taxpayer is safe.
Jigsaw John, New York State is already IN non-compliance with Federal requirements for candidate for the offices of FEDERAL office. They have cited being “Born a Citizen” as a requirement for being President in derogation of the US Constitution’s requisite of being a “Natural born citizen”. They cannot unilaterally place any additional requisites on a FEDERAL office candidate other then those in Article II of the US Constitution. NY State tax returns are also PRIVATE. The State cannot unilaterally require Trump to divulge his NY tax returns as a condition of running for FEDERAL office. In any event, the law would NOT be retroactive. Trump is already President. Any NEW requisites placed on candidates for FEDERAL office must be accomplished solely under Article V, USConst and not by ONE State alone (i.e. NY).
It definitely takes an ‘Act of Congress’ for the FEC to listen to or accept complaints from Joe average citizen. I know; I tried and got the annoying yapping Mexican Chihuahua treatment from the FEC for my efforts. i.e., my concern for reporting wrongdoing to the FEC is above my pay grade.
On the other hand, it also took an ‘Act of Congress’ to deceive the American public when the full complicit U.S. Senate (minus McCain) passed the back-patting Senate Resolution 511 in April 2008 that set the stage which allowed all ineligible presidential candidates to run for the 2008 general election.
Rattlerjake1:
Add my name to your list:
Everett P. (the P. is for U.S.A. Patriot) Rein, MSgt (E-7) USAF (Retired)
aka Nikita’s_UN_Shoe, aka Three-Pound_Sledge, aka Sick and Tired of the sleaze in the U.S. government.
The New York law applies to state tax returns. They are not covered by federal law.
As this is not a question of eligibility, the Constitutional requirements for President would not apply.
Kudos to Robert Laity and The P&E for preparing and publishing this public service announcement herein.
The Democriminals from The Party of Crime now appear to undermine the US Constitution to get their filthy hands on Trump’s financial records= FISHING FOR A CRIME.
https://neal.house.gov/
And yet, every single court in the land 08-28-08- TODAY worked like a national crime syndicate to ensure no REVELATION OF A CRIME in allowing America’s First Fake presIDent, muslim Soetoro-Obama II (SO2) = ELECTION FRAUD 2008 + 2012.
The very first official act of SO2 was to sign Executive Order 13489, sealing his true nbC-ineligibility from public consumption. The courts invoked “PRIVACY OF INFORMATION” to brush aside any private citizen from their full rightful identification of SO2.
In truth, the courts actually invoked “PIRACY OF INFORMATION” to deny private citizen’s their free rightful access to SO2’s full identity of non-eligibility.
Now, President Trump must decide the exact timing of a PARDON OF TERRY LAKIN and a REVOCATION OF EO 13489: either before, or after, Michelle Obama becomes the DNC’s nominated presidential candidate for 2020, because Michelle Obama has the best chance of unifying The Party of Crime, replacing Trump, and salvaging her husband’s LEGACY OF LUNACY, which Hillary failed to accomplish in a DNC-rigged 2016 election.
https://www.newswars.com/limbaugh-michelle-obama-considering-2020-run/
MAGA vs MAMA (Michelle And Muslim Again)
.
This is not a dig at Robert, but what we need is not just a complaint from one person, but a complaint filed on behalf of a “laundry list” of citizens. If Robert Laity needs more names he can have mine, Jacob R. Martin, III CW3 (Ret.), and I can probably get him plenty more retired military. We conservatives need to attack these illegal leftist actions in large numbers, no one or two people at a time.