To sue or not to sue: That is the question Donald Trump’s camp is faced with since the New York Times “illegally obtained” and his 1995 tax records.
Although lawsuits are nothing remotely new for Trump (whether as plaintiff or defendant), this time around, taking The Times to court could prove to be a bit tricky.
On October 1, The Times obtained Trump’s tax records, which suggested his $916 million loss on his 1995 income tax return could have “allowed him to legally avoid paying any federal income taxes for up to 18 years.” The Trump campaign quickly responded that the document was “illegally obtained.”
Shortly thereafter, a lawyer for Trump, Marc E. Kasowitz, wrote the Times saying the publication of the tax documents was illegal “because Mr. Trump has not authorized the disclosure of any of his tax returns,” and threatened “prompt initiation of appropriate legal action” in response.
In those letters to The Times, Trump’s lawyer neither confirmed nor denied that the pages from the returns that were mailed anonymously last month to reporter Susanne Craig, are genuine.
And therein lies the catch-22.
To press forward with a lawsuit claiming that the tax records The Times published were “illegally obtained,” Trump has to admit they’re authentic and, therefore, also admitting his nearly billion-dollar loss. That would undoubtedly give credence to allegations that he hasn’t been paying federal income taxes for almost two decades ordinary voters, even if he avoided them legally.
At a Harvard University panel last month, New York Times executive editor Dean Baquet pointed out that Trump’s “whole campaign is built on his success as a businessman and his wealth.” Although suing The Times might be an appropriate reaction to “illegally” obtaining Trump’s 1995 tax record, it could also result in the loss of credibility to his voters.
Here is Trump’s response to the potentially fatal attack on his campaign for president:
I know our complex tax laws better than anyone who has ever run for president and am the only one who can fix them. #failing@nytimes
— Donald J. Trump (@realDonaldTrump) October 2, 2016
And here are but a few examples of what people have to say on social media:
This is how the 1% has been conning the world FOREVER-they PAY FOR NOTHING and have ACCESS TO EVERYTHING. #NeverTrump #TrumpTaxes #ImWithHer
— Amee Vanderpool (@girlsreallyrule) October 2, 2016
https://twitter.com/Sttbs73/status/782567924229779457
And the $900 million you lost?
That doesn't seem like a successful business man 🙄#LastTimeTrumpPaidTaxes #TrumpTaxes https://t.co/KR7kShyCEs— Mara McEwin (@maramcewin) October 2, 2016
When I think of my elderly, semi-retired mother paying more taxes than @realDonaldTrump , I feel nauseated w/ rage. #ImWithHer #TrumpTaxes
— JS Mill XX #FamiliesBelongTogether (@Shy_Survivor) October 2, 2016
https://twitter.com/realHamOnWry/status/782664699049447424
If Trump talking points say NYT tax story shows he’s a genius, why is Trump upset with the NYT? They merely revealed his genius! https://t.co/6teuQAsPJl
— Chris Megerian (@ChrisMegerian) October 2, 2016
Isn’t this like a serial killer asking you to elect him as a judge because he promises to close the murder loopholes in our law? #TrumpTaxes https://t.co/J88IfY2OSW
— Jared Putnam (@jaredputnam) October 2, 2016