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/ Judge Immergut just granted a restraining order that prevents Trump's mobilization of the Oregon National Guard in Portland.
2/ Oregon argued the administration is violating the Posse Comitatus Act by federalizing Oregon’s National Guard; the 10th Amendment (separation of powers) by infringing on Oregon’s state sovereignty & police power; the Administrative Procedure Act (“APA”). She notes there isn't widespread violence.
3/ The Judge granted a temporary restraining order over the Trump administration's argument that the Court can't second-guess the President’s determination that conditions in Portland warranted a federal military response.
1/In an undercover operation last year, Trump’s braggadocious border czar Tom Homan was recorded by the FBI accepting $50K in cash to help what he thought were businessmen, actually FBI undercovers, get government contracts in the new Trump administration. msnbc.com/msnbc/news/tom…
2/Homan, November 2024: “Trump comes back in January, I’ll be on his heels coming back, and I will run the biggest deportation force this country has ever seen. They ain’t seen shit yet. Wait until 2025.” theguardian.com/us-news/2024/n…
3/ Homan's views on criminals and accountability are unrelenting, at least when other people are involved:
“So if you're in the country illegally, you got a problem.”
“If you’re in this country illegally, you should be looking over your shoulder. joycevance.substack.com/p/condemning-c…
1/On July 21, the Washington Post ran a piece headlined, “Trump officials accused of defying 1 in 3 judges who ruled against him.” There are real reasons for the courts to be concerned about the Trump administration gearing up to actively flout the authority of the Article III branch of government.
2/Given that predicate, it should come as no surprise that judges are actively concerned. When the Judicial Conference of the United States met recently, the issue surfaced. That resulted in the Justice Department filing a complaint against District Judge James “Jeb” Boasberg.
3/The Judicial Conference is a body consisting of federal judges from across the country who work together to represent the entire judiciary. It is the national policy-making body for the federal courts. Its meetings are private. Judge Boasberg serves on it.
1/ If you read my newsletter, Civil Discourse, you know I try to cut thru the noise & offer clear, accessible analysis of the legal & political developments reshaping our democracy. I go straight to the source—pleadings, opinions & other primary materials, using my 25 years at DOJ to interpret them.
2/ My goal is to bring you facts & context you can trust & help you think critically about where we are & where we’re headed. That's what I did tonight with a preview of the immigration/deportation cases we can expect to see movement in this week. joycevance.substack.com/p/the-week-ahe…
3/ There are so many cases going on simultaneously that it's difficult to keep them straight. Tonight, in my weekly "Week Ahead" column, I focused on four of them, so you'll be ready when courts rule and parties file briefs this week, equipped with the info you need. Like W.M.M.
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.