In clash with Congress, weak legal case may still help Trump

WASHINGTON >> 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. His argument is that congressional Democrats are out to get him and that they have no “legitimate legislative purpose” in seeking his personal records.

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.

Separately, a hearing is set for Wednesday in federal court in New York in a lawsuit Trump, his business and family have filed against Deutsche Bank and Capital One to prevent them from complying with subpoenas from the House Financial Services and intelligence panels for banking and financial records.

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, not to harass political opponents,” White House counsel Pat Cipollone wrote in a letter to House members Wednesday .

On Friday, Treasury Secretary Steven Mnuchin said he won’t comply with a congressional subpoena for six years of Trump’s tax returns. He cited the absence of a “legitimate legislative purpose” as his reason.