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President Donald Trump in the East Room of the White House, July 9, 2018. President Donald Trump (Photo: Diego M. Radzinschi/ALM)

On Aug. 23, the U.S. Court of Appeals for the Second Circuit will hear arguments on President Donald Trump’s challenge to a congressional subpoena that demands his records from two financial institutions. Before the district court, Trump did not fare well. The difficulty of his position arises from the breadth of congressional power. A congressional subpoena is valid if it relates to a topic on which “legislation could be had” or on which a committee has oversight. Almost any topic is susceptible to legislation or oversight. Thus, Trump has lost and will likely continue to do so.

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