The Fatal Flaw In Trump's Lawsuit To Block Release Of His Financial Records

The other day, attorneys representing crime family "head" Donald "Not Exonerated" Trump filed a lawsuit to block release of his financial records:

President Trump sued his own accounting firm and the Democratic chairman of the House Oversight Committee at the same time Monday — trying an unusual tactic to stop the firm from giving the committee details about Trump’s past financial dealings.

The lawsuit, filed in federal court in the District of Columbia, seeks a court order to quash a subpoena issued last week by the committee to Mazars USA. Trump’s lawyers also are asking a federal judge to temporarily block the subpoena until the court has had a chance to review their request.

The move amounts to Trump — the leader of the executive branch of government — asking the judicial branch to stop the legislative branch from investigating his past.

However, in the continuing tradition of Trump hiring "only the best people," his attorneys (Dewey, Cheatem & Howe? Flywheel, Shyster, and Flywheel?) made a rather egregious slip- up (perhaps owing to law degrees from Trump University?). Sadly, the Washington Post buried the lol lede waaay down in the article:

In Trump’s lawsuit, his attorneys cited a Supreme Court decision called Kilbourn v. Thompson, which found “no express power” in the Constitution for Congress to investigate individuals without pending legislation.

The problem with that argument, said University of Baltimore law professor Charles Tiefer, is that Kilbourn v. Thompson is a case from 1880.

And it was overruled by a decision in 1927, Tiefer said. 

“It has not been followed for the last 90 years,” Tiefer said of the 1880 decision. Instead, the 1927 ruling found Congress has much wider powers to investigate — and courts since then have let that interpretation stand and even reinforced it.  (our emphasis)

D'oh!

"Your honor, on behalf of ourselves and our client, we plead non compos mentis!"