In clash with Congress, weak legal case may still help Trump for vanguard news .
For all of President Donald Trump’s talk of winning, his lawyers are using a legal argument that many scholars say is a pretty sure loser as his team tries to defy congressional attempts to investigate him.
Yet they may end up delaying the investigations with their argument, and that could be a win in itself.
In courts in New York and Washington, Trump is attempting to beat back subpoenas by Congress to get financial records from accountants and banks Trump and his family do business with.
Congressional investigations are legitimate only if there is legislation that might result from them, the lawsuits say in identical terms. “There is no possible legislation at the end of this tunnel,” both suits claim.
So far a federal judge in Washington has seemed unimpressed with Trump’s attempt to prevent Mazars USA, an accountant for the president and Trump Organization, from turning over subpoenaed records to Congress. U.S. District Judge Amit Mehta held a hearing in the case Tuesday and could rule anytime on Trump’s request.
The court argument is part of a broader White House strategy to resist all congressional oversight following special counsel Robert Mueller’s investigation. “Congressional investigations are intended to obtain information to aid in evaluating potential legislation,
But even if judges in both cases rule against Trump, he won’t go down without a fight that might take months or even years of appeals to resolve.
Ohio State law professor Peter M. Shane, who studies the separation of powers, described it as Trump’s lawyers “trying to run out the clock until the election.”
“Why should this misleading argument be any different from any other misleading argument?” Shane said, adding: