Signing a bill today to require presidential candidates to release federal tax returns to qualify for the 2020 California Ballot, Gov. Gavin Newsom prompted the Republican Party to file in federal court for injunctive relief. Newsom and the California legislature are on shaky ground, knowing there’s no Constitutional or federal rule requiring presidential candidates to supply their federal tax returns. President Donald Trump has plenty of excuses why her refused to offer his IRS 1090s for public consumption, something the public accepted voting him in as president Nov. 4, 2016. Calling Newsom’s bill “a naked political attack against the sitting president of the United States,” the Republican Party filed in U.S. District Court for an immediate stay. Trump’s attorney Jay Sekulow called Newsom’s act “flagrantly illegal,” asking the U.S. District Court Judge to stay the legislation. Newsom’s act was so blatantly political it defies any principle of elected office.
It’s one thing for a partisan legislature to pass bills for purely political purposes, still another for the Calif. governor. to weaponize his office. Trying to prevent a duly elected president from appearing on the presidential ballot disenfranchises millions of California voters, both Democrats and Republicans. It’s not up to the Calif. legislature or governor to decide who goes on the ballot. Whether or not Newsom or the Calif. Legislature want to see federal tax returns can’t ignore the fact that it’s not part of the Constitution or an federal code, only recent past precedent. No federal judge can accept a governor or state legislature from rewriting the Constitution or federal rule book. California’s new law would prevent Trump from receiving his party’s nomination, with 14% of all delegates unable to vote for the president. “The effort to deny California voters to cast a ballot for President Trump in 2020 will surely fail,” said Sekulow.
When a federal judge reviews Newsom’s public remarks, he’ll put an injunction on the law. “There’s an easy fix Mr. President—Release your tax returns as you promised in the campaign and follow the precedent of every president since 1973,” Newsom said, making a case against himself. Just because every precedent since 1973 released their federal tax returns doesn’t mean it’s a Constitutional requirement or rule of federal campaign procedures. Newsom and the Calif. Legislature can’t make up their own rules for the purpose of disenfranchising millions or Calif. voters. If voters were displeased with Trump’s decision not to release his federal returns, they wouldn’t have voted for Trump. Voting for Trump in 2016 proved that voters didn’t care about federal tax returns, despite the media’s obsessions with his tax returns. Democrats and their media friends want to do anything-and-everything to prevent Trump from serving a second term.
Looking at the big picture, Newsom and the Calif. legislature have done something to prevent Trump from winning the 2020 election. They’ve called him a racist, blamed him for the recent spate of mass shootings and insisted, without proof, he’s a convicted felon, guilty of high-crimes-and-misdemeanors. Newsom and the Calif. legislature can’t makt up their own rules without running afoul in federal courts. Sekulow argues that Democrats and the media want Trump’s federal tax returns to find something politically to help hurt his chances of reelection. No federal judge can apply the law unevenly, even if they disagree with Trump withholding his returns. Voters, not the media or federal judges, have the final say on whether or not to vote for Trump. There’s been considerable speculation about Trump’s returns, showing that he’s taken a billion-or-more dollars in write-offs, preventing him from paying federal taxes for many years.
Former Calif. Gov. Jerry Brown vetoed past bills that add additional requirements to qualify for the Calif. ballot, noting that it’s no fair to candidates or voters. Yet Newsom jumped at the opportunity to stick it to Trump, making national headlines for something likely to get tossed out in federal court. When you consider the overwhelming partisan objective of the legislation, no federal judge could accept it. If voters aren’t happy with Trump withholding his tax returns, they can express their dissatisfaction at the ballot box. Elected officials don’t have the privilege of office to pass legislation purely for political purposes. Newsom says there’s an easy fix but complicated the mess by signing legislation to demand candidates’ fderal tax returns before qualifying for the ballot. Arbitrary-and-capricious decision-makimg can’t replace the responsible governing.
Gov. Gavin Newsom and the Calif. legislature exposed the extreme partisan politics in today’s world. There’s no freedom of the press when the Democrat Party controls the mainstream media, reporting only negative stories about Trump. It’s not enough that voters deserve fair-and-objective journalism, free of political influence. Voters also deserve to vote for the candidates of their choice, regardless of whether or not they release their federal tax returns. Using every trick-in-the-book, Newsom and the Calif. legislature pulled a fast one on voters, demanding that all candidates on the Calif. ballot supply federal tax returns. Since there’s no Constitutional requirement of federal rule demanding tax returns, Newsom and the Calif. legislature crossed the line demanding Trump’s taxes. No federal judge can accept state making up its own rules.
About the Author
John M. Curtis writes politically neutral commentary analyzing spin in national and global news. He’s editor of OnlineColumnist.com and author of Dodging The Bullet and Operation Charisma.
