The one thing we know beyond the shadow of a doubt to a moral certainty is this: When Harry Reid claims he shouldn’t have to prove up his allegation that Mitt Romney paid no taxes for 10 years, Reid himself knows he’s flat wrong.
Before he was a senator, a longtime legislator, and a political leader, Reid was something else: a lawyer. He went to a very good law school (George Washington University), passed the bar and practiced in the field for years. And you can’t do all that without learning this: In the American system of law, the person who makes an allegation has the burden to prove that allegation.
After all, what would American courts look like otherwise? “Ladies and gentlemen of the jury, I submit to you that Mr. Guilty Man here committed the murder on the night in question! And now, let him explain himself!” Or this, “Your honor, my client slipped and fell in the mall because the mall’s managers were willfully negligent. Now, let’s hear them try to prove otherwise!”
Ridiculous. As ridiculous as the quotes Reid offered on Wednesday while expanding on his central allegation. First, he told the Huffington Post that he’d been told by a former investor at Bain Capital (Romney’s former firm) that Romney had paid no taxes for 10 years. Then, he said he’d heard that from “a number of people,” but declined to give up sources.
And while initially admitting he had no proof — “Now do I know that’s true? Well, I’m not certain,” Reid said — the senator and lawyer tried to re-write the entire American legal tradition.
“I don’t think the burden should be on me. The burden should be on him,” Reid said, in today’s piece by Review-Journal Washington Bureau Chief Steve Tetreault. “He’s the one I’ve alleged has not paid any taxes. Why didn’t he release his tax returns?”
Yes, we know who’s making the allegation. But simply making an allegation doesn’t make it so. Reid reminds you of a person who’s trying to convince you of the existence of God, who asks you to assume for the sake of the argument that God exists! The rules of logic (and traditions of the law) simply do not allow for that sort of thing.
(Having said that, of course, it must also be said that Romney is under absolutely no obligation to release his tax returns simply because he’s running for president, even if his father, George Romney, released 12 years of tax returns back in 1968 when the elder Romney ran for president. But the corollary to that is this: The American people are perfectly entitled to draw whatever inference from Romney’s failure to release his returns they deem fit. This — unlike, say, a criminal trial — is the difference between the law and politics.)
But we’re not done with Reid, who went on to wonder about how horrible it would be if his allegation is true (and, by extension, invites us once again to assume the thing he alleges is true without offering evidence, witnesses or proof of any kind).
“What if he paid no taxes, like I am saying he hasn’t?” Reid asked. “What if he has all these monies as we already know … in the Cayman Islands, Bermuda, Swiss banks. I mean, gee whiz, rather than ask me why I should do this, that is a story you should be writing.”
Has it come to this? Is Reid the left’s answer to a birther in reasoning, madly outlining the terrible consequences if only the thing he has yet to prove happens to be true? The only real difference is that there’s ample proof birthers are wrong, and should be disregarded. In Reid’s case, there’s been no proof offered to prove or disprove the charge. And there won’t be, unless Romney decides he’s going to release his returns.
Tonight, Reid once again repeated his allegations and, once more, called on Romney to release his returns. Here’s his statement, in full:
“There is a controversy because the Republican presidential nominee, Governor Mitt Romney, refuses to release his tax returns. As I said before, I was told by an extremely credible source that Romney has not paid taxes for ten years. People who make as much money as Mitt Romney have many tricks at their disposal to avoid paying taxes. We already know that Romney has exploited many of these loopholes, stashing his money in secret, overseas accounts in places like Switzerland and the Cayman Islands.
“Last weekend, Governor Romney promised that he would check his tax returns and let the American people know whether he ever paid a rate lower than 13.9 percent. One day later, his campaign raced to say he had no intention of putting out any further information.
“When it comes to answering the legitimate questions the American people have about whether he avoided paying his fair share in taxes or why he opened a Swiss bank account, Romney has shut up. But as a presidential candidate, it’s his obligation to put up, and release several years’ worth of tax returns just like nominees of both parties have done for decades.
“It’s clear Romney is hiding something, and the American people deserve to know what it is. Whatever Romney’s hiding probably speaks volumes about how he would approach issues that directly impact middle-class families, like tax reform and the economy. When you are running for president, you should be an open book.
“I understand Romney is concerned that many people, Democrats and Republicans, have been calling on him to release his tax returns. He has so far refused. There is only one thing he can do to clear this up, and that’s release his tax returns.”
Well, that would solve things, wouldn’t it? It would also undoubtedly give Democrats a thousand more things to criticize Romney about, from deductions to overall income to taking advantage of tax shelters (Romney has already said he pays the smallest legally required amount in taxes, which, notwithstanding his wealth, puts in the company of the entire American public).
Reid has been known for a loose tongue before. He called former President George W. Bush a liar. He called Supreme Court Justice Clarence Thomas “an embarrassment.” He called former Federal Reserve Board Chairman Alan Greenspan “one of the biggest political hacks we have in Washington.” He said tourists in the humid summer heat of Washington, D.C. emit noxious odors.
And here’s the thing: By and large, Reid has right when he says those things. (Bush did lie; Thomas’s rulings leave something to be desired, and sweaty tourists do smell. Greenspan may very well have been a hack, but I admit I’m not qualified to judge that one.)
It could very well be that Reid is right about Romney, too, and that the former governor used “many tricks” to get out of paying taxes. (If he did so, but those “many tricks” were legal, Romney can be accused only of complying with the law. But that would certainly be something he’d like to keep out of the public domain while running for president. On the other hand, Romney may simply not want to detail his earnings and investments for the reason most of us don’t go around telling people our gross adjusted income from last year.)
But before we get to whether Reid is right or wrong, we have to acknowledge this: Even Reid must know he’s wrong about the burden of proof. Romney has no more obligation — moral, legal or otherwise — to release his tax returns in response to Reid’s allegation than a criminal defendant does to take the stand and endure cross-examination simply because a grand jury has charged him. This is America, and we simply don’t do things that way.
Or at least we shouldn’t.
Tags: Harry Reid
But Steve, this is The Court of Public Opinion and the bar is MUCH lower in this reality show nation of ours. Your burden of proof argument is plainly silly.
But Harry Reids argument is not, Chandler. Steve’s argument is Reid should know better. Steve also points out reid really does not know when to open his mouth. I bet Reid will be eating his words just like he has done on numerous earlier occasions.
Good one Steve. And you know I will tell you if I disagree, just as I will tell you when I discover my own errors. Case in point: slashpolitics.reviewjournal.com/2012/07/11/want-to-hear-about-politicsnow/comment-page-1/#comment-2107
This isn’t Senator Reid’s burden any more than the burden of those making the accusation that President Obama wasn’t born in America. The very word, allegation, indicates the Senator received ‘allegations’ from someone in Romney’s staff that something’s amiss with his tax returns. And this is beyond Mitt Romney’s own wife’s allegations that people would be upset if they saw her husband’s requested tax returns. It’s time for Romney to put up or shut up.
Jerry, that’s plainly ridiculous: The burden IS/WAS on the birthers to prove their case! Their allegations finally prompted President Obama to release his long-form birth certificate, and so Reid no doubt believes his pressure tactics will force Romney to release his returns, whereupon Democrats, like the birthers, will set upon the documents and unspool an entirely new skein of attacks. So, yeah, congratulations: You’re birthers now. We’ll call you “taxers.”
Oh, and Chandler: People get the government they deserve. You should demand more.
Switch to 124 years in the future.
A well funded scientific fact finding archaelogical dig is conducted in an area thought to be where the ancient dead city of La Jolla used to be. Along the highly eroded coast of California, the last dirt and sand are carefully brushed away where an ancient mansion for the wealthy is believed to be located.
Careful brush strokes from the archaelogist reveal an ancient Gucci briefcase. After carefully putting it aside, and subsequent hours of research to find out how this crude form of business carrying utensil was intricately used and operated and locked, it was ever so slowly opened, so as to not disturb what lay within.
The scientist, after meticulous perusal of the contents, blew the dust away, gingerly picked up documents, examined them with a practiced eye, and then smiled. He then proudly held them up to the assembled news media cameras. He waved ancient yellow papers around and loudly proclaimed….
“It’s here! Romney’s tax returns! Eureka! We’ve found them!”
Enjoyed the article, Steve. My scenario above is not science fiction. It’s science fact. That’s the ONLY way we’ll see Romney’s tax returns.
I sort of disagree with you on this “taxer” thing. All I see is Senator Reid playing really, really hardball politics and calling out Romney, and more important, trying to get his goat. At the same time, he calculated Romney would double down and bullheadedly not bite.
It met with success.
Call Senator Reid a “taxer” all you want, and equate it with the “birther” thing, but there is a stark difference.
President Obama produced his birth certificate. Along with the written proof and people who backed up the fact that he is indeed an American.
On the other hand, Romney hasn’t budged. He hasn’t proved anything. The boil festers. The pimple gets bigger.
The simple fact of the matter is that Romney will NEVER release his tax returns. Because they reveal things he doesn’t want surfaced to the light of day.
I do enjoy the ultra-conservatives going ballistic at Senator Reid about this though. He’s throwing their tactics right back in their face. And it’s no big thing if people attack Senator Reid. Because even if he didn’t say what he said about Romney and his stupid tax returns, the right wingnuts would attack him about something else. So, it’s no big whoop.
Gooooooo, Senator Reid! Now I know for a proven fact that my vote for you wasn’t wasted.
Want to have some fun? Apply for a non police officer position with Las Vegas Metro. they require proof of citizenship. Guess what they wanted from me.
Obama’s birth history was satisfied by Hawaii.
Birthers need to get their case into court and make it stick. Failing that they have nothing but accusations that smell worse and worse with each rendering of new conspiracy theory. Obama is damned if he does (he did) and damned if he didn’t (according to some silly theories he didn’t, the form was a fake) See what I mean? Smelly.
Nice fantasy Chandler, why don’t you submit it as a short to this publication:
http://www.sfsite.com/fsf/
Under the fantasy heading of course.
You see, currently Romney has released more returns to the public than Reid, Pelosi or Wasserman Schultz. Granted none of them are running for President, but Reid is technically in line to fill in as president should the need rise.
Sorry Chandler, that was directed at Colin.
How were the birthers to prove a negative? That’s a dodge. They continually demanded President Obama’s paperwork and they finally got it. Now their own arguments are being use against them. So much for the ‘Ya but.” Now it appears Senator Reid was given some important information; by a reliable source; about Romney’s taxes. Are you suggesting Senator Reid should have hid that information? Keep it secret? Kind of a “non open government?” No. Senator Reid disclosed vital information. Now we’re demanding Romney show us his paperwork. No more wing-nut dodging to, “Ya but somebody else only released this much.”
Sorry Charley. You apologists and alibiers should have to explain why you’re defending the undefendable. Mitt’s own father said that releasing only a year can reveal a “fluke.” So Mitt Romney’s own father released 12-years worth. The ball is in Mitt Romney’s court. We know he’s hiding something; even his wife admits that. Even a number of his Republican colleges in congress are asking for them. Fess up Mitt; prove you’re an American like President Obama has.
Open government? Jerry, you’re becoming an exhibit in the case that says Democrats will say anything to win, regardless of how meritless.
Simple question: How many years of tax returns must you disclose in order to qualify to run for president? Answer: None. Every single presidential candidate who has done so has done so voluntarily and for political reasons. There is no legal requirement to do so.
I’m not saying Gov. Romney should not release his returns; in fact, I think he should. But I cannot sit here and conscience the absolutely outrageous tactics being deployed. Comfort yourself with the thought that you’re just giving the birthers what they gave to President Obama. But it wasn’t right then and it’s not right in this case. And the more we play this game of “see how you like your own medicine,” no matter how emotionally satisfying, the more we descend into futility.
Reid is the absolute king of dirty politics due to the fact he knows better than anyone how to walk that legal tightrope. But this one is a real nasty fine thread with no safety I can see, he has staked out for himself.
I can’t help but wonder just why Romney is holding off so long and it could just be he is sitting on a surprise.
If Romney and His Political advisors are as astute as I may believe,they will allow this to be the topic for as long as possible,making any other Democratic allegations mute for next 45 to 60 days.
Then a month (October) before election if its false, prove it,to Romney’s credibility and to the
absolute loss of same to Reid and the Dems! ?
WHOA! Both Steves are still playing apologist and dodging the point. We seem to have a serious case of Romnisia. As the Boston Globe reported, back on April 19, 1994:
“With the tax-filing deadline looming, Republican Senate candidate Mitt Romney yesterday challenged Sen. Edward M. Kennedy to disclose his state and federal taxes to prove he has ‘nothing to hide’…”
http://tiny.cc/7qliiw
But wait, there’s more. In 2009, the IRS gave a one year amnesty program for foreign account tax cheats before the Swiss were forced to reveal names. It’s been suggested the reason Mitt Romney won’t show his taxes was he may have been hiding some of his money in a Swiss bank account and took advantage of the IRS one time amnesty program. And guess what?
“Mitt Romney amended his personal financial disclosure Friday evening to reflect income from a now-closed Swiss bank account and one other investment fund he had originally failed to report on an ethics form. A review by the Los Angeles Times/Tribune Washington Bureau last week found that at least 23 funds and partnerships listed in the 2010 tax returns of Romney and his wife did not show up or were not listed in the same fashion on Romney’s most recent financial disclosure, including 11 based in low-tax foreign countries such as Bermuda, the Cayman Islands and Luxembourg.
http://tiny.cc/3fmiiw
Did the RJ print any of the above?
None of that in any way excuses Reids actions.
http://thehill.com/blogs/blog-briefing-room/news/242217-clint-eastwood-endorses-romney
Jerry, I am an apologist for no one. I have said that I think Romney ought to release his returns, not because of Reid’s remarks or legal obligations, but for the sake of transparency. His call on Kennedy to do the same supports that argument.
From what I can gather from your links above, if Romney failed to report required information on his financial disclosure forms, he’s in violation of the law and should face the consequences (in this case, likely a fine). He may also have earned himself an IRS audit. But he’s still not obligated, under the law or under Reid’s challenges, to release his returns.
Again, I think he should, and if he does not, the voters are entitled to draw inferences from that silence. But he’s still not obligated. That’s indisputable.
I never said he was obligated. Which brings us right back to, What is Romney hiding?
That question still does not excuse Reids actions and it makes an attempt to change the topic from Reids actions to what Romney may be hiding.
That is a topic for a different discussion.
I get the impression that Bishop Romney is hiding the fact that his tithes to the Church LDS are less than 10%. Harry can plug into the great LDS borg like no other. Harry is better than Sun Tzu and Machiavelli put together.
Chandler, if true I will be the first to be ROTFLMAO at him.
But how does that excuse Harry’s actions?
Dude, there’s two simple things Harry can say:
1. I will be happy to release my own tax returns, if and when I run for president. Otherwise, this, plus other things such as when is Obama is going to release college transcripts, are totally irrelevant.
2. Prove me wrong, make me look like an idiot, release your tax returns, Mitt!!
A good citizen has important information and decides to be a Whistleblower; receive Federal Whistleblower protection; gives that information to a United States Senator; and you think the Senator should keep it secret? I thought you were for open government and Whistleblower protection? Senator Reid was doing his job and you think he should NOT have? Harry doesn’t have the papers that will prove the allegation true or false. The Whistleblower doesn’t have the papers that will prove the allegation false. But Romney does. Gee, why do you suppose his wife says it embarrassing information and why is Romney still hiding it? This is NOT Harry Reid’s burden.
No Reid is not doing his job in the case of a Whistleblower making a report to him. Reids job would be to contact the proper authority to begin a quiet investigation, gain the truth and enforce law where applicable. Not make unfounded public claims.
Reid earns a “Pant on Fire!” From Politifact.
http://www.politifact.com/truth-o-meter/statements/2012/aug/06/harry-reid/harry-reid-says-anonymous-source-told-him-mitt-rom/
Evens Salon.com cannot spin it in favor of Reid.
http://www.salon.com/2012/08/01/did_romney_pay_zero_taxes/
Yes; Senator Reid is doing his job. Why should the Senator have hidden this obviously important information that was given him?
No matter how much you put this in a blender and put it on rapid pulse, you can’t spin this any different.
The way I see it is that Senator Reid is knocking not only Romney for a loop, but he’s taking on the entire Tea/Republican Party establishment, and even an Independent (Lieberman).
And he’s kicking all of their asses, wiping the floor with them.
Now I know my vote for Senator Reid was not wasted.
Because he’s got people thinking Romney is not only a tax cheat, but he’s a fraud and a flawed candidate as well.
But, there’s a drawback. I would imagine Senator Reid has made his point and he’s pulling back now. Let THEM talk. They got more to lose in this whole thing. Senator Reid made his point. He don’t need to go no further. Not unless they push it. And I don’t see that happening. Because Senator Reid is in a fighter’s stance. Ready to hand out more black eyes on this Romney Federal income tax issue.
Reid has them on the ropes. The easiest thing to do is release the tax returns. But that’s not happening. Can’t blame Reid for Romney’s inability to show transparency. Can’t blame Reid because Romney is bullheaded and doesn’t believe in fair play. Romney deserves every smack he gets right now. And I hope many more to come.
Bring on the “taxer” thing. Bring on the name calling on Senator Reid. Blame him for everything. Hell, even bring up that rhetoric about the hated Obama/Reid/Pelosi Triumvirate of Impending Doom talk again. Like they’re cartoon character villains or some other stupid nonsense.
Can’t deflect from the issue.
It ain’t goin’ away.
Romney is a blowhard and he wants to snow the American people about his taxes.
His credibility talking about taxes, the economy, jobs, GDP, you name it, WHOOOOOSH! It went out the window.
THAT’S the issue right now. Romney can’t get out from under it. Actually, he can. But he’s not taking any steps to do so.
BAM! BOOF! WHACK! WHAM! In the meantime, take it, Romney. Take the punches. I swear he must like getting hit repeatedly…..
No wonder Reid has suddenly become silent on this.
http://www.politifact.com/truth-o-meter/statements/2012/aug/09/barack-obama/barack-obama-says-most-americans-pay-higher-tax-ra/
In the conclusion:
“it’s actually the wealthiest half of Americans, not those with low or middle incomes, whose tax rates end up exceeding Romney’s.”
Reid silently caved and he is once again an embarrassment to Nevada.
Just testing, thanks