Supreme Court rules on fight over Donald Trump’s taxes
Highest US court says New York prosecutors can see president’s records
The US Supreme Court has ruled that Donald Trump’s financial records can be examined by prosecutors in New York.
The decision came after the court ruled in a related case that the president did not have an obligation to share the information with Congress.
Trump has been criticised for keeping his tax returns private, unlike his predecessors. His lawyers argued that “he enjoyed total immunity while in office” and that Congress had no valid justification to force the publication of the tax records, the BBC reports.
Subscribe to The Week
Escape your echo chamber. Get the facts behind the news, plus analysis from multiple perspectives.
Sign up for The Week's Free Newsletters
From our morning news briefing to a weekly Good News Newsletter, get the best of The Week delivered directly to your inbox.
From our morning news briefing to a weekly Good News Newsletter, get the best of The Week delivered directly to your inbox.
How did the tax returns battle originate?
Trump ignored nearly half a century’s tradition when he refused to release his tax returns during his 2016 campaign for the White House.
The move caused widespread condemnation, as well as launching a number of theories about why he would want to keep the information so close to his chest.
These theories were bolstered when, in October 2018, it was revealed in that New York authorities were investigating claims that the president took part in “dubious” tax schemes. There is currently another separate pending request from Trump to block a subpoena from a New York prosecutor for his tax returns.
In 2019, during his explosive testimony in front of Congress, ex-Trump lawyer Michael Cohen added fuel to the fire when he labelled Trump “a cheat”, and claimed that the president had engaged in efforts to reduce his real estate tax burden by artificially inflating and deflating his assests. At the time, Trump accused Cohen of lying.
Why do people want Trump’s tax returns?
Those pushing for the release of Trump’s tax returns say it is crucial to establish whether there is any conflict of interest between Trump’s official duties as president and his multiple business dealings.
Cohen’s testimony led Lily Batchelder, a professor at the New York University School of Law, to write in The New York Times that “there is ample reason to fear that conflicts of interest have infected [Trump’s] approach to tax policy”.
The newspaper found, in a separate investigation in October 2018, that Trump recieved “at least $413 million in today’s dollars from his father’s real estate empire, much of it through tax dodges in the 1990s”.
A spokesperson for Trump said at the time: “The president’s father gave him an initial $1 million loan, which he paid back. President Trump used this money to build an incredibly successful company as well as net worth of over $10 billion, including owning some of the world’s greatest real estate.”
But Democrats are “concerned with the president’s compliance with federal tax laws”, The Guardian says, “as well as whether he or his family personally benefited from the tax overhaul passed by Republicans and signed by Trump in 2017”.
–––––––––––––––––––––––––––––––For a round-up of the most important stories from around the world - and a concise, refreshing and balanced take on the week’s news agenda - try The Week magazine. Start your trial subscription today–––––––––––––––––––––––––––––––
What happens next?
The Supreme Court has now ruled by a majority of seven to two that the president does not have absolute immunity from criminal investigation.
“Two hundred years ago, a great jurist of our Court established that no citizen, not even the president, is categorically above the common duty to produce evidence when called upon in a criminal proceeding,” the court said. “We reaffirm that principle today.”
However, the court also ruled that Congress has “significant, but not limitless, power to request the president’s personal information”, the BBC says. That dispute has been returned to the lower courts, a decision that BBC North America reporter Anthony Zurcher argues is “a political win for Trump”.
“Those wanting to see President Donald Trump’s tax returns before the November presidential election shouldn’t hold their breath”, Zurcher writes.
The prosecutors having access to the records is unlikely to result in a speedy resolution to the case, Zurcher adds, meaning that for Trump, “by pushing the final day of reckoning further down the road, it’s a political win”.
Sign up for Today's Best Articles in your inbox
A free daily email with the biggest news stories of the day – and the best features from TheWeek.com
Joe Evans is the world news editor at TheWeek.co.uk. He joined the team in 2019 and held roles including deputy news editor and acting news editor before moving into his current position in early 2021. He is a regular panellist on The Week Unwrapped podcast, discussing politics and foreign affairs.
Before joining The Week, he worked as a freelance journalist covering the UK and Ireland for German newspapers and magazines. A series of features on Brexit and the Irish border got him nominated for the Hostwriter Prize in 2019. Prior to settling down in London, he lived and worked in Cambodia, where he ran communications for a non-governmental organisation and worked as a journalist covering Southeast Asia. He has a master’s degree in journalism from City, University of London, and before that studied English Literature at the University of Manchester.
-
'We shouldn't be surprised that crypto is back'
Instant Opinion Opinion, comment and editorials of the day
By Justin Klawans, The Week US Published
-
How the national debt affects your finances
Rachel Reeves has changed the rules, but why does that matter?
By Marc Shoffman, The Week UK Published
-
Could 'adult dorms' save city downtowns?
Today's Big Question 'Micro-apartments' could relieve office vacancies and the housing crisis
By Joel Mathis, The Week US Published
-
'Empowered' Steve Bannon released from prison
Speed Read Bannon was set free a week before Election Day and quickly returned to his right-wing podcast to promote Trump
By Rafi Schwartz, The Week US Published
-
Trump promises a rollback of the green energy revolution
The Explainer A pro-fossil fuel agenda dominates the GOP nominee's climate change policies
By David Faris Published
-
'We might need to fiddle with our technology more than we think'
Instant Opinion Opinion, comment and editorials of the day
By Justin Klawans, The Week US Published
-
'I am not a Nazi,' Trump says amid MSG rally fallout
Speed Read Trump and his campaign are attempting to stem the fallout from comments made by speakers at Sunday's rally
By Peter Weber, The Week US Published
-
US election: where things stand with one week to go
The Explainer Harris' lead in the polls has been narrowing in Trump's favour, but her campaign remains 'cautiously optimistic'
By Harriet Marsden, The Week UK Published
-
Why might The Washington Post's nonendorsement matter more?
Today's Big Question The Jeff Bezos-owned publication's last-minute decision to rescind its presidential preference might not tip the electoral scales, but it could be a sign of ominous things to come
By Rafi Schwartz, The Week US Published
-
Presidential campaign enters final week with big rallies
Speed Read The race is still tied nationally and in the swing states, where the candidates are spending time
By Rafi Schwartz, The Week US Published
-
Donald Trump's plan for mass deportations
The Explainer Immigration is his No. 1 issue
By Joel Mathis, The Week US Published