I am just digging into this now, but “tax avoidance” is typically a federal crime. Failure to pay can be a misdemeanor but lying about your income in forms you sign is a felony. OK, BRB. nytimes.com/interactive/20…
“They report that Mr. Trump owns 100s of millions of dollars in valuable assets, but they do not reveal his true wealth. Nor do they reveal any previously unreported connections to Russia”-this seems to significantly undercut expectations. Also, no specific misrepresentations.
But there is a strong suggestion Trump has dramatically inflated his income, at least in some years: In 2018..Trump announced in his disclosure that he had made at least $434.9 million. The tax records deliver a very different portrait of his bottom line: $47.4 million in losses.
There is apparently a trove of information on possible conflicts of interest from Trump’s refusal to divest his business interest: “His properties have become bazaars for collecting money directly from lobbyists, foreign officials & others seeking face time, access or favor”
“Mr. Trump has an established track record of stiffing his lenders. But the tax returns reveal that he has failed to pay back far more money than previously known: a total of $287 million since 2010.”
In 2016 & 17, the most recent years for which the Times obtained returns, Trump paid a whopping $750.00 in taxes a year, benefiting from losses & tax credits from his hotel in DC, a property he leases from the gov’t & recently sought rent reduction on.
Records suggest it’s true that Trump is under audit: “starting in 2010 he claimed & received, an income tax refund totaling $72.9 million...The legitimacy of that refund is at the center of the audit battle that he has long been waging, out of public view, with the I.R.S.”
There will be close study of the pattern of using losses & strategies like abandoning his Atlantic City Casinos to avoid tax debt, which could ultimately prove problematic civil liability (back taxes) or theoretically, criminal liability, if there are willful false statements.
Lots of fascinating detail and specifics in this story & NYT says it will continue reporting this week, interestingly, just in time for Trump’s first debate with Joe Biden.
Nothing on the face of this supports what prosecutors would call “tax avoidance” - criminal failure to pay, but obviously a lot of digging to do here.
A last point before I go back to reading, the story notes there’s no line item deduction reimbursing Michael Cohen for Stormy Daniels, but that could also mean it’s unlawfully deducted as a legal expense. There’s no knowing what’s really in here w/o thorough forensic accounting.
Really the last & most significant one: “within the next four years, more than $300 million in loans—obligations for which he is personally responsible—will come due.” So a president, who appears to be w/out the means to pay the debt, will wheel & deal on it. What could go wrong?
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1/Trump's nominations of Gabbard & Gaetz are designed to provoke outrage. But they’re also a test for the Senate. A test of whether the Senate will be loyal to the Constitution or whether it will bend the knee to Donald Trump. joycevance.substack.com/p/will-the-sen…
2/Alabama Senator “Coach” Tuberville said Trump was elected by an “enormous vote” (he wasn’t) & “deserves” the team” he wants. But that’s not how it works. Tuberville, doesn’t understand how the Constitution works. Presidents must have the advice & consent of the Senate.
3/Under the Constitution, presidents must have “the Advice & Consent of the Senate,” for appointment of cabinet secretaries & other senior executive branch officials. Article II, Section 2, Clause 2 of the Constitution provides that:
1/ This morning I wrote about the GOP in Georgia trying to stop people from turning in absentee ballots in person over the weekend. But they lost --the law they used is about drop boxes & early voting, not absentee ballots. Embarassing. joycevance.substack.com/p/smells-like-…
2/Instead of taking the loss after the Judge patiently walked them through their error they turned around & refiled in federal court.
3/ Georgia's GOP Secy of State agreed it was fine to keep offices open so people could hand in their absentee ballots instead of mailing them--Georgia only counts ballots if they're received by the time the polls close. So it makes sense to turn them in. Unless you're the GOP.
1/When Trump asked Judge Chutkan to delay the release of the appendix to the Special Counsel's immunity filing, he claimed it was necessary because Jack Smith is "cherry-picking" the evidence. It sounds like there's something Trump doesn't want made public. But today it will be.
2/Trump called that election interference. Judge Chutkan rejected that argument: "If the court withheld information that the public otherwise had a right to access...that withholding could itself constitute—or appear to be—election interference."
3/In criminal cases, the Judge explained, "There is an 'important presumption' that the public should have access to 'all facets of criminal proceedings' under the 1st Amendment. Trump failed to convince her that presumption shouldn't apply here. He just wanted special treatment.
1/ Yesterday was an important day in election litigation. Let's catch up: First, in Adams v. Fulton County Judge McBurney held: “some things an election superintendent must do...with no discretion to do otherwise. Certification is one of those things.” This is a big deal.
2/ Why? Because one of the fears in the wake of strengthening the Electoral College Act to make another 1–6 less possible is that those efforts will happen at the state & county level where MAGA officials could refuse to certify. If that happens, the solution is going to court.
3/And now there's a Georgia opinion that says, at least in that state, courts should order those officials to perform the purely ministerial duty of certifying the vote. Yes, there will be an appeal, but this is a big victory for people who believe our votes should count.
1/There is more to this election than the most recent poll: Last week the FBI arrested an ISIS linked terrorist as he bought weapons & ammo from someone he didn't know was with law enforcement to carry out a violent election day attack. But this story has barely been covered.
2/The threat from white supremacist groups also has not disappeared. DOJ has taken extraordinary steps to coordinate with state & local law enforcement to minimize the threat. But you may not have heard a lot about the election threat task force, either. justice.gov/voting/electio…
3/Meanwhile, Trump is spewing lies about migrants, claiming they're voting & taking American jobs—demonstrably untrue. & Gen'l Flynn, Trump's advisor (after a pardon kept him out of prison), won't rule out executing people to clear "the swamp." More here: open.substack.com/pub/joycevance…
Memories are short. But I went back thru old tweets to see just how strong the protest against a hush-and-hurry-up confirmation proceeding for now-Justice Kavanaugh was after allegations of sexual assault, which he denied, surfaced.