WATCH: Fox News’ Napolitano Believes Trump’s Lawsuit Will Fail
Fox News’ judicial analyst Andrew Napolitano, in explaining the most recent developments regarding Congressional Democrats’ efforts to obtain President Donald Trump’s tax records for their investigations, said that the president’s legal strategy to quash their subpoena will likely fail.
As previous reporting from HillReporter.com pointed out, Trump’s team of lawyers have filed a lawsuit against House Oversight Committee chair Elijah Cummings, a Democrat, stating that the only reason he’s trying to obtain Trump’s records is for political reasons.
If true, Napolitano said, it would make it difficult for Congress to pass muster from a court over whether the subpoena should go through.
“Congress has to have a legitimate legislative purpose for wanting the president’s tax returns and financial records. They can’t just get them because he’s the president,” Napolitano pointed out.
Citing Trump lawyer Jay Sekulow’s complaint in the lawsuit filed on Monday, however, Napolitano further explained that “one person’s [presidential] harassment is another person’s oversight.”
“It’s a low threshold” to get courts to agree with Congress on justifying a subpoena, he explained “[Congress] once investigated the contents of Roger Clemens’ urine…and that was upheld.”
It won’t take much for Congress to convince an appellate court that the subpoena for Trump’s financial documents is proper, Napolitano said, because the two branches (the legislative and judicial) don’t like to “second-guess” each other’s motivations. And if Cummings can produce a legitimate reason to get Trump’s records, the courts will likely rule in his favor.
“Once they state something even related to a Congressional purpose, the court I think will allow this to go through,” Napolitano said.
House Democrats already have stated a purpose for the subpoena, per reporting from Axios.
Cummings specifically noted that testimony from Trump’s former “fixer” lawyer Michael Cohen detailed how the president, before he assumed office, would frequently inflate or deflate his net worth, doing so to benefit himself financially, including to obtain loans from banks. Lying to banks in order to obtain a loan is a criminal act.
To corroborate Cohen’s testimony, Trump’s tax and financial records are necessary to view, Cummings asserted.