Dissented In Part.pdf

Congress's power to conduct investigations for legislative purposes is substantial but not unlimited, deriving from its responsibility to legislate for the public good, and it has no power to expose personal information for its own sake or to punish, with its investigatory powers being at their peak in impeachment proceedings. The legislative subpoenas in question, targeting the President and his family, seek voluminous financial information, including personal and business banking records, without distinction between business and personal affairs, and with no time limitation, which is deeply troubling. The majority and the author agree that the Right to Financial Privacy Act and the Internal Revenue Code do not pose obstacles to the disclosure of tax returns, but the author raises concerns about the breadth and scope of the subpoenas, which could impose irreparable harm and subject the President's private business affairs to scrutiny without commitment to treating any portion of the information as confidential. The case raises an important issue of first impression regarding the investigative authority of House committees to obtain personal and business banking records of the President and his family solely for legislative purposes.