Josh Marshall: This Looks Real Big

[babylonsister]

http://talkingpointsmemo.com/edblog/this-looks-real-big

This Looks Real Big

By Josh Marshall
Published September 26, 2016, 5:41 PM EDT


We're still piecing the details of David Fahrenthold's latest story at the Post. But this seems like by far his biggest get yet. He appears to have caught Trump in major tax evasion using his charity. Tax evasion on the back end, self-dealing on the front. That makes the whole entity look like a tax dodge.

Let me jump through the outline details.

Last week we noted that a Trump family aide defended the idea that Trump Foundation money is really Trump's money since often he takes money that's owed to him and directs it to the Foundation. That's laudable if true. But it's irrelevant in terms of whose money it is. Once Trump gives money to his Foundation it's the Foundation's money and all those rules apply.

Now it turns out that a lot of the Foundation money does come in just this way. But here's the key. It sounds like Trump is not paying taxes on that income.

It works like this. Trump or one of his businesses is owed money by Company X or Person Y. Trump says 'Don't send the check to me. Just send it to my Foundation.' No problem with that. As I said, as long as your foundation is legit, it's laudable. But you have to pay taxes on that money because it's your income.

Here's where it gets weird. Fahrenthold got a series of false explanations from Trump representative Boris Epshteyn about how this money was handled. When Fahrenthold presented Epshteyn with proof of these diversions, Epshteyn shifted gears and said the diversions did happen but they were fine.

snip//

Here's where it gets interesting. As one former prosecutor notes in the piece, for Trump to face criminal penalties prosecutors would need to prove he knew he was violating the law. But there's another dimension of this. We already have pretty clear evidence that Trump practiced self-dealing on what the Foundation chose to contribute to. So tax evasion on the back end, self-dealing on the front end. That sounds like using a Foundation as a piggy bank for money you use for yourself but don't pay taxes on - close to the core things all the relevant laws and tax rules are meant to prevent. That all adds up to the Trump Foundation looking like a big tax evasion scheme - not just a poorly run family foundation that didn't follow all the rules.

Trump's best out on this would be if Epshteyn was just freelancing and Trump had done everything by the book and Epshteyn just didn't know that. Possible? Trump's Razor actually suggests there's a non-trivial possibility. But not at all likely.

[Cracklin Charlie]

1. Was just reading the article.

Seems as though some puzzle pieces are starting to fit together.

[BlueInPhilly]

2. More reason to demand his tax returns

Because it will prove if he has committed a crime or is simply broke, as others have implied.

[tavernier]

31. But isn't that illegal

WhetherWE see them or not??

Isn't someone else besides the public supposed to be holding him accountable?

[vadermike]

3. Great

MSMsez who cares we are too busy crowning DJT winner of the debate and likely the election MSM worthless

[Loki Liesmith]

4. from your lips to the Allfather's ears.

[tavernier]

32. That was my first reaction! n/t

[Ohioblue22]

5. Fitzmas

Wake me if anything comes of it

[zenabby]

6. Not only that...

Trump has recently said he hoped that his foundation has followed all the laws, and hopefully his lawyer had done so. In reality, the last payment to a lawyer for the foundation was in 2010 for a $53. So there are no lawyers?

[Dustlawyer]

44. Probably got some true believers with law degrees to work for free.

I bet his company took a loss for non-payment since the money went to the Foundation.

The man is a huckster con artist, but why would he run and expose himself to scrutiny unless he thought himself to fantastic to be caught?

I would bet the reporter has documented sources before raising these types of allegations of a candidate this close to an election. I think the journalists and the Clintons have been holding lots of really bad stuff back to hit him with on the home stretch.

[babylonsister]

7. Yay! Joy Reid bringing this up on m$nbc. nt

[senseandsensibility]

14. Saw that.

[docgee]

8. Did his sons partake in charity money?

Be nice to put them all in jail.

[calimary]

38. Send them into the military.

[csziggy]

49. The honorable members of the military do NOT need to have Trumps in their midst! nt

[tinrobot]

9. So, his only defense is to claim ignorance?

He is pretty ignorant. I'll give him that.

That said, we certainly don't need an ignorant president.

[ffr]

10. Hope HRC brings up the tax evation meme

...with an, "I don't know! But if it looks like a duck and quacks like a duck..."

Go for the throat Hillary!

Inspire us.

[Mamajami]

28. I don't think this is a winner for Hillary. Trumps supporters don't care and they actually admire

tax evasion...even the Independent's admire tax evasion or paying no taxes. He would use this to his advantage. I hope she stays away from it.

[tavernier]

34. But they aren't the arbiters of justice

Or so I was led to believe growing up in this country.

[Spitfire of ATJ]

11. The usual tactic is to point to where .000001% of the money helped someone.

[geek tragedy]

12. Called it!

http://www.democraticunderground.com/12512431506

[Hekate]

13. Kick

[lillypaddle]

15. K&R nt

[berksdem]

16. I am beyond hope

When it comes to believing Donald will go down on his own sword. People will back this twit no matter what....

[babylonsister]

19. I don't know about that.

There are many, many people repulsed by him. Entire countries, in fact. And I do believe in karma.

[calimary]

39. Welcome to DU, berksdem!

Here's how I feel about those voters...

http://www.gq.com/story/a-word-for-donald-trump-voters

Speaks so very succinctly for me!

[mgardener]

17. even if He didn't know....

He has been audited how many times? did he lie to IRS about what he was doing and how he was doing it?

and his lawyers and accountants Had to have know what was legal and what wasn't.

This is a man who never learns from his mistakes, not from bankruptcies or from fleecing charities.

[pansypoo53219]

18. if they can go after that rapper. the carrot can pay too.

[mcar]

20. It does

Let's hope Holt is on it. The media hasn't been picking up this reporter's amazing stories too much.

[jtuck004]

21. Details are probably on his private email servers. Wonder if he will turn those databases over

quickly?

[book_worm]

22. Only if the MSM picks up on it.

[babylonsister]

24. They are waking up; Joy Reid mentioned it an hour ago. nt

[DarthDem]

36. Joy is a True Treasure

. . . and quite a patriot who understands what's good (and what's totally wrong) for this country.

Anyone else other than Joy on TV talking about this? NO disrespect to Josh Marshall (also a terrific, terrific resource) or Joy, but stories like this tend to get drowned in the MSM spew as the stories themselves are too (I guess) hard to understand or explain in a 10-second soundbite. I would love it if Tweety, Lawrence, Rachel, or (gasp!!) someone on CNN picked up on this, just to get more people talking.

Oh, and massive kudos to David Fahrenthold.

[BSdetect]

23. So much for "The buck stops here"

What defence can possibly excuse ignorance at this level?

Astonishing that it can even be floated.

Can I cheat on my taxes and say I did not know it was illegal?

Not likely.


I doubt the USA can lecture any other country on bribery and corruption.

[MyNameIsKhan]

25. Media has not picked this up yet,,,, Can this trigger IRS investigation?

[RandySF]

26. Hillary's cough!!!!!

[kpete]

27. Thanks Babylonsister

I have been waiting for the story all day

[WiffenPoof]

29. Apparently...

...no one cares. Especially his supporters.

[Foggyhill]

30. With the debate today, for once there is a good reason to not cover it.

Though, if HRC mentions it, you can be sure it will go crazy.

This one is going to stick, especially with the undecided and independents

[Kathy M]

33. k&r

For exposure . Thanks for posting , hope this gets picked up and the continue digging .

[lonestarnot]

35. kicky kicky kick & R

[nikto]

37. When will we ever learn?

[babylonsister]

40. Per Hillary in debate, he

never paid federal income tax. She went there!

[Dark n Stormy Knight]

41. Oh, man, seriously.

You don't expect Trump to be bound by rules do you??!!

[lonestarnot]

42. Another.

[radical noodle]

43. I don't know if anyone could ever prove it

but I'd bet a lot of personal stuff comes right out of his business without it being declared as income. That's a typical scam for people involved with construction. I worked in the construction industry for 30+ years and saw it all the time.

[Native]

45. Epshteyn was born in Russia. Came to the US in '93. No wonder he sounds like a thug.

[CajunBlazer]

46. K&R

[rivegauche]

47. well, welcome to what Democrats have always known

HE IS A GRIFTER. Nothing more. Every single thing he's ever done was to enrich himself, and he's been getting away with it for decades. He has zero regard for ethics and laws. That is what he is -- a criminal sociopath. Period.

[UCmeNdc]

48. K&R