Republicans will protect Americans who have preexisting conditions, even if the Supreme Court rules the Affordable Care Act unconstitutional, Sen. Ted Cruz told CNBC on Monday.
If Barrett is on the court when the latest ACA challenge, California vs. Texas, is heard, Democrats worry the 6-3 conservative majority would increase the odds the court rule in favor of repeal.
Cruz, a Republican from Texas, said on “Squawk Box” he is not sure how the Supreme Court would rule in the upcoming case. But he said the GOP would act should the court strike down former President Barack Obama‘s signature health-care law, which has a provision that prevents insurers from discriminating against people who have preexisting medical conditions.
“Every Republican agrees we’re going to protect preexisting conditions,” Cruz said, while criticizing Democrats for trying to make Barrett’s nomination into a referendum on health care. “What they’re talking about is what they think politically resonates, but 100 out of 100 senators agree we’re going to protect preexisting conditions regardless of what happens with Obamacare.”
Last week, Trump signed an executive order that he says protects people who have preexisting medical conditions, although experts have raised questions about the enforceability of the action. In the text of Trump’s order, it contends the Affordable Care Act was “flawed from its inception and should be struck down.”
“However, access to health insurance despite underlying health conditions should be maintained, even if the Supreme Court invalidates the unconstitutional, and largely harmful, ACA,” the order states.
Cruz and other Republicans in Congress have spent years criticizing Obamacare, which was signed into law in March 2010. Efforts to repeal the law have thus far been unsuccessful, including a high-profile attempt in 2017 that was punctuated by late Republican Sen. John McCain‘s vote against his party’s attempt to do so.
A recent poll from The New York Times and Siena College found 57% of Americans support the Affordable Care Act while 38% oppose it. A Kaiser Family Foundation poll from earlier in September found 49% of Americans held a favorable opinion of the law, compared to 42% who held a negative opinion.
Democratic Sen. Chris Coons of Delaware said Monday the Republicans have “no replacement plan” if the Affordable Care Act is overturned. Appearing later on “Squawk Box,” Coons said it was “grossly irresponsible” to be threatening access to health-care coverage during the coronavirus pandemic.
The constitutionality of Obamacare has come before the Supreme Court before. In 2012, Chief Justice John Roberts, a conservative put on the high court by George W. Bush, sided with the liberal justices at the time, including Ginsburg, in upholding the law, 5-4. Scalia and the three other conservatives voted against it.
Cruz, who argued cases before the nation’s high court before his election to the Senate, said on Monday that Roberts’ opinion in that case was “terrible” and “one of the most political decisions he’s ever done.”
Joe Biden has laughed off Donald Trump’s demand that he take a drug test before the first presidential debate in Ohio on Tuesday.
Chuckling when asked about the demand at a news conference on Sunday, Biden said: “He’s almost – no. I have no comment.”
But the Biden campaign unloaded on Trump, saying the president apparently believed the best case for his re-election could be “made in urine”.
“Vice-President Biden intends to deliver his debate answers in words,” a Biden spokesperson toldPolitico. “If the president thinks his best case is made in urine he can have at it.
“We’d expect nothing less from Donald Trump, who pissed away the chance to protect the lives of 200,000 Americans when he didn’t make a plan to stop Covid-19.”
Biden and Trump will debate on Tuesday, with Trump trailing badly in the polls and in fundraising, even as he is buffeted by scandal including a New York Times report revealing that he is hundreds of millions in debt and uses potentially fraudulent schemes to avoid paying taxes.
Against such headlines, which were preceded by reports that Trump considered dead soldiers “losers” and “suckers”, and the emergence of a new sexual assault accusation, the president has been struggling to shift the focus to his opponent.
Trump often casts accusations that he himself is vulnerable to, as when he accused Hillary Clinton of enabling sexual assault. At least 26 women have come forward with claims of sexual misconduct by Trump.
Now Trump has repeated the same attack he used on Clinton, baselessly accusing Biden of planning to use drugs to goose his debate performance, after Trump and his campaign have attempted for months to portray Biden as a listless presence.
Trump repeated the accusation at a news conference at the White House on Sunday, saying, “people say he was on performance-enhancing drugs”. He also tweeted a demand on Sunday that Biden take a drug test.
In a previous false accusation against Biden, Trump allies on the right created a false controversy asserting that the former vice-president planned to skip the debate.
Trump and Biden are scheduled to meet for 90 minutes at Case Western Reserve University in Cleveland, Ohio on Tuesday. The event will be hosted by Fox News’s Chris Wallace and is scheduled to begin at 9pm ET.
A tweet from 2012 in which President Donald Trump attacked Barack Obama for paying 20.5% income tax is getting renewed attention in light of a New York Times report showing that Trump has paid next to nothing for years.
In the tweet, Trump cited information in a tax return released by Obama that year, showing that in 2011 he paid $162,074 in federal taxes on a gross income of $789,674.
“@BarackObama who wants to raise all our taxes, only pays 20.5% on $790k salary. http://1.usa.gov/HFZJKH Do as I say not as I do,” wrote Trump. The link no longer works.
At the time Trump was burnishing his own presidential credentials, based largely on his image as a billionaire businessman who owned businesses across the world.
But according to a bombshell report by the The New York Times, citing information from tax records Trump has long shielded from public view, Trump has for more than a decade contributed hardly any federal income tax.
Due to massive losses in his sprawling network of businesses, the Times said Trump paid nothing in federal income tax in 11 of the 18 years which the it examined.
They include the four years before Trump launched his presidential bid in 2015, according to the Times, so cover 2012, when he sent the tweet trolling Obama.
In 2015 and in 2016 Trump paid a total $750 — far less than the averaged salaried US worker — while boasting on the campaign trail that his business acumen uniquely qualified him for the presidency.
Trump broke with decades of precedent in refusing to release his tax returns.
Obama’s 2012 tax returns at the time caused controversy, since the documents showed that the president’s tax rate was lower than that of his secretary at the time. Obama was then campaigning for reelection, and attacking Republicans for what he claimed were unfair tax policies.
After the release of his returns, the White House told news outlets that Obama believed he should be paying more tax.
It was Obama’s charitable donations, which consisted of $172,130 to 39 charities, that had reduced his effective tax rate, reported the New York Times.
Judge Amy Coney Barrett, President Trump’s nominee to the Supreme Court, could transform the court into the most conservative since the 1930s.
Alex Brandon/AP
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Alex Brandon/AP
Judge Amy Coney Barrett, President Trump’s nominee to the Supreme Court, could transform the court into the most conservative since the 1930s.
Alex Brandon/AP
President Trump’s nomination of Judge Amy Coney Barrett to fill the Supreme Court seat made vacant by the death of Justice Ruth Bader Ginsburg is seen as a home run for conservatives. It is a chance to move the high court in a far more aggressively conservative direction for generations.
In political terms, Barrett is the dream candidate for conservative Republicans and the nightmare candidate for Democrats.
For Republicans, the 48-year-old judge is a young and personally unassailable nominee.
A devout Catholic, she is the mother of seven, including a child with Down syndrome and two children she and her husband, Jesse Barrett, adopted from Haiti. She is beloved in her community and by her students at Notre Dame Law School, where she taught for 15 years; she was voted best professor three times and still teaches part time at the school.
“If you talk to students, the thing that stands out to them is that she really makes an effort to get to know them, understand them, and help them,” says G. Marcus Cole, dean of the law school.
It’s more than that, though. Barrett is willing to go the extra mile when necessary — for instance, going to bat for Laura Wolk, a blind student who upon entering the law school, found the school computer software didn’t allow her to access law books and other legal material in a format she needed to read for her classes. As Wolk recounts, when she told Barrett about it, Barrett replied, “This is one I absolutely can take off your plate.”
And she did, getting the law school to quickly purchase the needed software, says Wolk, who would go on to graduate second in her class and serve as a law clerk for Justice Clarence Thomas.
Barrett’s busy schedule and her many roles leave people in South Bend, Ind., scratching their heads and asking this question: How does she do it?
She starts most days at the gym at 4 a.m., according to friends. Because the appeals court she sits on meets in Chicago, she commutes regularly, driving 1 hour and 45 minutes to get there from South Bend.
Nobody seriously disputes Barrett’s sparkling intellect and qualifications to serve on the Supreme Court. Rather, it is her work on the 7th Circuit Court of Appeals and her scholarly writing and commentary that have drawn such fervent opposition from the left and support from the right.
It is the positions that she has taken over the years, from the anti-abortion, anti-gay-marriage letter from Catholic women that she signed in 2015, to her judicial decisions since then.
A sea change for the Supreme Court
Barrett has criticized the Supreme Court’s 5-4 and 6-3 decisions upholding key sections of Obamacare. Both were written by conservative Chief Justice John Roberts, but in a 2015 interview on NPR, Barrett opined that in her view “the dissenters had the better of the argument.”
In a lecture at Jacksonville University in 2016 just days before the election, Barrett warned that if Hillary Clinton were elected, the court would experience a “sea change” in ideology. But as Nan Aron, president of the liberal Alliance for Justice puts it, it is Barrett’s ideology that now presents a potential sea change.
Aron says President Trump has “made clear his two qualifications” for a Supreme Court justice: She must be “opposed to Roe v. Wade,” and “the candidate has to, like Trump, do whatever she can to overturn the Affordable Care Act.” Aron, and others, contend that Barrett’s record fits the bill on both counts, and much more.
Barrett, in her Jacksonville lecture, said she expected that the Supreme Court’s Roe v. Wade decision would be hollowed out, but not reversed.
“I think the question is how much freedom the court is willing to let states have in regulating abortion,” she said.
Just months after that speech, Barrett was named to the 7th Circuit, where she dissented in an abortion case that, if she had prevailed, would have made it illegal in Indiana to get an abortion because of fetal disability.
A potential vote to overturn crucial cases
Now, in 2020, if she is confirmed, Barrett would likely be a sixth conservative vote on the court, making it plausible that there will be a majority to overturn Roe v. Wade outright.
University of Texas law professor Stephen Vladeck says he expects that with Barrett’s confirmation, the court would be transformed into the most conservative court since the 1930s, a court that is much more aggressive in its conservative agenda.
“When it comes to big picture cases, running the spectrum from abortion to religion to campaign finance to everything, there is no longer going to be … any concern about a squishy median when you have six solid conservatives from which to find five” justices to form a majority, Vladeck said.
Barrett closely identifies with the justice she once clerked for, the late Antonin Scalia, who more than any other justice popularized the idea of originalism, meaning that the court should interpret the Constitution as it was originally intended by the Founders. But Scalia, at the same time, often referred to himself as a “faint-hearted originalist” because he also embraced one of the other building blocks of legal interpretation, namely, adhering to precedent, even when, in his view, some of those precedents conflicted with what the Founding Fathers thought when they ratified the Constitution.
Judge Barrett’s views on precedent, however, appear to be closer to those of Justice Clarence Thomas, who has little regard for precedent and has urged overturning many long-established decisions.
Barrett’s critics, for instance, point to her judicial writing in a major gun case. In 2008, the Supreme Court ruled for the first time that the Constitution guarantees the right to own a gun. But Justice Scalia, writing for the court, listed some exceptions, among them laws barring felons from owning guns. When one of those felon laws came before Judge Barrett, she dissented, maintaining that the Supreme Court didn’t really mean to exclude gun ownership for felons who aren’t dangerous.
For months, President Donald Trump has taken shot after shot after shot at Joe Biden over his mental fitness. On Tuesday, that line of attack will be put on trial at the first presidential debate, giving Biden his best opportunity yet to, as he has said, “compare my cognitive capability to the cognitive capability of the man I’m running against.”
While Biden has suffered from some verbal slip-ups along the campaign trail as well as a slate of primary debates that were somewhat of a mixed-bag for the nominee, what political observers described as the “low expectations” being set by Trump should play to the former vice president’s advantage in Cleveland.
“The ironic thing about the constant hyperbolic attacks by the president and his campaign on the former vice president’s mental health or physical health is they’ve created a situation where if he doesn’t pee himself — like Bradley Cooper in ‘A Star Is Born’ — he will have exceeded expectations,” said Michael Steel, who helped prepare Paul Ryan for his 2012 vice presidential debate against Biden.
Alan Schroeder, a Northeastern University professor and expert on presidential debates, said Trump’s low-balling of Biden’s abilities “jumped out at me early on” as curious, saying he couldn’t think of any similar example from past presidential cycles.
“I think they looked at the primary debates … saw that Biden was not great in those and figured that’s the guy that’s going to show up in September,” Schroeder told NBC News. “But there’s a huge difference between primary debates, where you have 10 people on the stage, and a one-on-one debate.”
Biden has spent the lead-up to the debate in traditional preparation. Trump, on the other hand, has eschewed that, telling aides he’s not concerned about debating Biden because he thinks the former vice president will probably have a bad gaffe.
Trump has repeatedly claimed Biden is unaware of his surroundings, cannot communicate without a teleprompter and calls him “sleepy Joe.” Allies have promoted misleading or false videos about Biden’s stamina, mental health and teleprompter usage. The Trump campaign has spent millions on ads arguing Biden is “diminished” and “slipping.”
Biden has sought to flip the attacks back onto Trump, who has suffered verbal missteps of his own. And Biden has pointed to physical issues, like when Trump awkwardly descended down a ramp after speaking at West Point this year.
“Look at how he steps, and look at how I step,” Biden told WHTM. “Watch how I run up ramps and he stumbles down ramps.”
Former Rep. Carlos Curbelo, R-Fla., said he does not see the advantage of Trump’s pre-debate attacks on Biden’s mental abilities.
“If (Trump) was a Ronald Reagan or Bill Clinton or another great communicator, I would understand this theme,” Curbelo said. “But Donald Trump is not always the most coherent and rarely eloquent in his discourse.”
Polling on the subject is mixed. A July Monmouth University survey found more voters believed Biden, 77, has the mental and physical stamina to be president than felt so about Trump, 74. Earlier this month, a CNBC/Change Research poll of several swing states showed a small majority of voters felt both Biden and Trump are not mentally fit to be president.
Sen. Chris Van Hollen, D-Md., who played Ryan in Biden’s 2012 debate prep, told NBC News that if the president attacks Biden’s cognitive abilities Tuesday, it “will show Trump to be the dishonest bullying person that he is.”
Biden “needs to focus on what he will do for the country,” Van Hollen said, adding, “When Donald Trump tries to get down in the mud, as he does every day, let him sink in it.”
As the debate has neared, Trump and his campaign have changed their tune. During a rally last week in Ohio, Trump said Biden has “been doing this for 47 years. I’ve been doing it for 3 1/2 years, so he should be able to beat me,” though he said in the same event that Biden was “shot,” “sleepy” and “the worst presidential candidate in the history of politics.”
“Joe Biden has been a Washington politician for 47 years, debated very well twice while running for vice president and just came through 11 debates in the Democrat primaries where he defeated two dozen challengers,” Trump campaign communications director Tim Murtaugh said. “Joe Biden is a master debater who knows what he’s doing.”
That tone is more in line with traditional pre-debate messaging — raising expectations for the opponent and keeping expectations low for your own candidate.
Biden advisers and allies have taken that approach. As one Biden ally told NBC News, Trump’s “presidency has been so controversial and divisive that he’s effectively been in a debate on most days since he took office,” saying that will work to Trump’s benefit.
Speaking with MSNBC’s Stephanie Ruhle last week, Biden predicted Trump’s strategy for the debate will “be straight attack.”
“They’re going to be mostly personal,” Biden said. “That’s the only thing he knows how to do. He doesn’t know how to debate the facts because he’s not that smart. He doesn’t know that many facts.”
Ted Olson, the former U.S. solicitor general who played Biden in Ryan’s 2012 debate prep, said the former vice president needs to be “crisp … concise and direct” in his answers. He said Biden should take care not to “wander off the subject matter. That’s going to be very difficult under the circumstance with this particular opponent.”
“You can’t drift because that’s what old people do, and I’m older than both of them, so I can say this,” added Olson, 80. “Sometimes these politicians never want to stop talking, and that’s not going to look good for a person of a certain age.”
Olson said a good example of how Biden should tackle this topic comes from Reagan who, when asked in a 1984 debate if he was too old to be president, cracked a memorable joke: “I am not going to exploit, for political purposes, my opponent’s youth and inexperience.”
“It was a perfect answer because it brushed it away,” Olson said. “He didn’t take it seriously. He didn’t act like he was threatened by it and boom! It was over.”
ST. HELENA (CBS SF) — The raging Glass Fire roared through wine county near St. Helena Sunday night as two additional wildfires forced mandatory evacuations near Santa Rosa and left a path of new destruction in a region already ravaged by blazes.
The Glass Fire quickly grew to more than 2,500 acres, burning through vineyards, destroying structures and driving at least 2,000 local residents from their homes.
On Sunday evening, a small army of firefighters was waging a fierce battle with the fire, trying to keep it from jumping the Silverado Trail, but it appeared the flames had crossed the major roadway in several places. A wall of flames was threatening the Adventist Health St. Helena hospital (which had been evacuated earlier Sunday) and homes in Deer Park.
By shortly before 10 p.m., the fire had jumped both the Silverado Trail and the Napa River.
The flames ripped through the The Chateau Boswell Winery located on the Silverado Trail.
The fire also jumped Highway 29 near the Culinary Institute of America, triggering mandatory evacuation orders for residents living in the area west of Highway 29 from Deer Park Road to Elmhurst and all of Spring Mountain Road.
That evacuation area was expanded at 11:44 p.m. to west of Highway 29 from Deer Park Road to Bothe Park Road west to the county line. Additionally, an evacuation warning was in place for the area west of Highway 29 from Booth State Park to Diamond Mountain Road west to the county line.
Shortly after 11 p.m. an earlier evacuation warning for Howell Mountain Road to the dead end of Conn Valley and all of Rossi Road and Greenfield Road was upgraded to a mandatory evacuation order.
Two other wildfires erupted in the area Sunday night. The Boysen Fire was burning off Spring Mountain Road just west of St Helena while the Shady Fire was burning toward the west near Santa Rosa.
A growing evacuation order area extends from St. Helena Road — where the two new fires sparked Sunday evening — all the way to Highway 12.
Santa Rosa Police have issued evacuation orders for the areas of Calistoga North, Calistoga South/Skyhawk, Oakmont North, Oakmont South, Melita, Stonebridge and Pythian. Residents were told to leave the area immediately and head south.
Evacuation warnings were issued for the areas of Summerfield, Spring Lake, Northeast 2 and Northeast/Middle Rincon shortly before midnight.
There were reports that city buses were being used to evacuate seniors from Oakmont Village, a retirement community near Santa Rosa as well as other assisted-living centers in the area.
Two temporary evacuation points were operational in Santa Rosa at A Place to Play on 2375 West 3rd Street and at the Santa Rosa Veterans Building at 1351 Maple Avenue. Another temporary evacuation point was set up at the Petaluma Veterans Hall.
There were reports that the Boysen Fire and the Shady Fire were close to merging after 11 p.m.
The Sonoma County Sheriff tweeted just after midnight that residents evacuating from the Boysen and Shady Fires should head east on Highway 12 towards Sonoma as traffic traveling west towards Santa Rosa was gridlocked.
9/28 12:02 AM Head EAST on Highway 12 towards Sonoma if you’re evacuating from the #ShadyFire and #BoysenFire. Westbound traffic towards Santa Rosa on Hwy 12 is gridlocked.
On Sunday afternoon, air tankers — including DC-10s and a 747 — waged a fierce battle with the flames as the fire took a run in Bell Canyon and toward the Bell Hill Reservoir.
Due to the topography – steep terrain with minimal access – there was no way to fight the fire from the ground. It has to be from air.
Glass Fire – Hotspots Locator Map. Sept. 27, 5 p.m. Click image to enlarge
Officials have issued mandatory evacuation orders for the following areas:
Residents living in the community of Deer Park, an area of Silverado Trail cross of Larkmead Ln through Deer Park Rd and all of Crystal Springs Rd and North Fork Crystal Springs Rd.
Residents living on College Avenue at Howell Mountain Road to White Cottage Road and all of Freisen Drive, including all roads west of College Avenue and Freisen Drive, and all of Lommel Road.
Residents on Silverado Trail from Lommel Road to Pickett Road.
Residents on the eastside of Silverado Trail from Deer Park Road to Meadowood Road, including the entirety of all roads in between. The order included the Meadowood Resort.
Residents on the eastside of Silverado Trail from Deer Park Road south to Howell Mountain Road (aka Old Howell Mountain Road)
Residents on Howell Mountain Road up to Deer Park Road to include all roads off of Howell Mountain Road
All residences on Conn Valley Road
Residents in the unincorporated area from the 2900 block of White Sulpher Springs Road (St. Helena City Limits) to the dead end and north to Spring Mountain Road.
Residents from 1650 South Whitehall Lane north to White Sulpher Springs Road and west to the County line.
Residents within the city of St. Helena from Elmhurst Avenue to Madrona Ave west of Highway 29 to the St. Helena city limits.
In Sonoma County
Zone 6A1:
Southwest of Highway 12
East of Santa Rosa City Limits, the eastern boundary of Annadel State Park, and Savannah Trail
North of Bennett Valley Road
West of Warm Springs Road
Zone 6B1:
South and west of the Napa/Sonoma County Line
Northeast of Highway 12 and north of the southernmost boundary of Sugarloaf Ridge State Park
Northwest of Adobe Canyon Road
East of Pythian Road and Hood Mountain Regional Park
Zone 6B2:
Northeast of Highway 12
Northwest of Nelligan Road/Nuns Canyon Road
West of the Napa/Sonoma County line
Southeast of Adobe Canyon Road and south of Sugarloaf Ridge State Park
Zone 3G1:
South of St. Helena Road
West of the Napa/Sonoma County line
North of Los Alamos / Cleland Ranch Roads
East of Calistoga Road
Residents in areas west of Highway 29 from Deer Park Road to Elmhurst, and all of Spring Mountain Road.
Zone 3G2:
South of Cleland Ranch Road
West of Los Alamos Road
North and east of Santa Rosa County limits
East of Calistoga Roads
Zone 3G3:
South of Alamos Road
West of Santa Rosa City Limits and Los Alamos Road
Northeast of Highway 12
West of Napa/Sonoma County Line, the easternmost boundary of Hood Mountain Regional Park, and easternmost boundary of Los Guilicos Juvenile Center. This INCLUDES Los Guilicos Juvenile Center.
Zone 2P1:
South of Porter Creek Road
East of Mark West Springs Road
North of Santa Rosa City Limits
West of Calistoga Road
After waking up to fire alerts and messages from worried friends, Amy Bordeau of Calistoga said she grabbed the same bag she recently used when evacuating from another nearby wildfire.
“It’s a bit traumatizing,” she said. “I feel like I’m constantly fight or flight.”
Deputy Matt Macomber, one of several deputies currently evacuating parts of Napa County, posted a frightening video on social media of driving down a fire-surrounded lane in the hills.
Glass Fire: Never wait til the last second to evacuate. This video is from Deputy Matt Macomber, one of several deputies currently evacuating parts of Napa County. pic.twitter.com/YQXFirJ0aV
Napa County officials have set up evacuation center at Crosswalk Community Church, 2590 First Street in Napa. The sheriff’s department asked the evacuated residents to clear out of the area.
“When evacuating, please leave the area,” deputies posted. “Do not stop/park in turnouts to view the fire. First responders often need access to the turnouts to park emergency vehicles.”
Contra Costa County fire emergency response crews were also dispatched Sunday morning to help with the evacuation of Adventist Health St. Helena hospital. Hospital officials told KPIX they were “safely evacuating patients to nearby hospitals.”
The #GlassFire#GlassIncident has made its way to Adventist Health, the hospital that was evacuated this morning. Crews are trying to hold the fire on the west side of Sanitarium Rd by putting out hot spots as the fire burns up toward the road. The wind is in their favor. @KPIXtvpic.twitter.com/kjgHkz4Knf
Over just a few hours since the blaze was first reported at 3:50 a.m., the fire had grown to more than 1,200 acres with zero containment. The fire was being fueled by tinder-dry vegetation on the rural hillsides after weeks of high temperatures and low humidity.
Videos posted on social media showed structures ablaze. Getty Images photographer Justin Sullivan posted video of one of those structures burning.
The area, located between St. Helena and Calistoga off North Silverado Rd., is home to dozens of wineries. Among those threatened by flames was Reverie Winery, Viader Winery and Davis Estates winery.
“We found out this morning at 4:45 that the fire started at the 200 block of Crystal Springs and, considering our address is 264 it was a pretty scary moment, for sure,” Reverie owner Grant Long told KPIX 5.
Long made the spooky drive to his winery Sunday afternoon, wondering if it would still be there. The neighbor’s house across the street is gone, but thanks to the vineyards and a lot of defensible space, the winery lives on.
“It was very surreal for a moment because it’s almost like it wasn’t here and you have to see it to believe it and being able to pull up and see it,” he said. “It’s a blessing.”
Cal Fire said its crews were fighting a “vegetation fire with dangerous rate of spread.” Meanwhile, PG&E said it “turned off power for about 3,000 customers between approximately 4:30 a.m. and 6:15 a.m. Sunday morning in Napa County as a precaution.
Air support from tankers and helicopters began making water and fire retardant drops after 8 a.m. Fire crews that have been battling the nearby LNU Lightning Complex fire for more than a month were being hurried to the area.
Angwin Fire officials told their local residents to get prepared if they need to evacuate — “Angwin is under advisory evacuation. Please consider safely departing off the mountain.”
The fire was not related to the LNU Lightning Complex fire which has burned 363,200 acres in Napa, Sonoma and Solano counties and was 98 percent contained as of Saturday evening.
Satellite images released by the National Weather Service showed the fire was growing in intensity.
On top of the elevated smoke plume from the Sierra wildfires that will gradually move closer to our area this evening, there is now a thin line of elevated smoke coming from the #GlassFire#GlassIncident that is being driven by offshore winds into Sonoma and Marin counties. #CaWxpic.twitter.com/9BPnTUDGo8
The area was under a red flag fire warning for weather conditions that include gusty winds, low humidity and warm early morning temperatures.
“Currently, wind gusts of between 30 and 40 mph are being observed above 1500 feet in the North and East Bay, and Mount Saint Helena (elev. 4300 feet) has been reporting gusts as high as 65 mph early this morning,” the National Weather Service said early Sunday.
Donald Trump suffered another blow on Sunday as a federal judge hit the pause button on the former Celebrity Apprentice host ban on the Chinese created widely successful video app.
Coming just as the New York Times dropped a bombshell expose on Trump’s long hidden taxes and debts, the partial injunction granted by U.S. District Court Judge Carl Nichols was unveiled with less than four hours to go until the midnight ban took effect.
Appointed by Trump three years ago to the bench in the District of Columbia, Judge Nichols offered no reason for granting TikTok’s motion. The ruling follows an often-fiery hearing on the matter this morning.
However, granting of the partial injunction sets up another standoff in what has been financial and digital trench warfare since the re-election seeking Trump declared earlier this summer that the collection of user data by Chinese-owned ByteDance, parent company of TikTok, was a national security concern.
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New York Times Obtains Donald Trump’s Tax Information: Bombshell Report Shows He Paid Only $750 In Federal Income Tax In 2016 and 2017
Arguing that its rights had been violated, last month ByteDance took the administration to court over the looming ban. Leaning into the realpolitik at play as the Presidential battle between Trump and ex-VP Joe Biden went into the final stretch, the tech company asserted that Trump seeking to ban TikTok “clearly reflect a political decision to campaign on an anti-China platform.”
Today’s ruling by Judge Nichols actually is the second halt in the ban in the last couple of weeks.
Originally scheduled for September 20, the ban was pushed back on September 19 until tonight by the administration after a preliminary green light was given by Trump himself to TikTok partnering stateside with the Larry Ellison co-founded Oracle and Walmart. That complicated agreement would see the creation of a new company called TikTokGlobal, which will be based in the USA.
As my colleague Ted Johnson point out last week, when another federal judge stopped the administration’s desire to ban downloads of the also Chinese-owned WeChat app, Trump is looking for a payout of sorts, as usual. The incumbent said last weekend that the companies involved in the TikTok deal had agreed to contribute $5 billion to an education foundation to “educate people as to real history of our country” and “not the fake history.” Previously, the posturing Trump said in a speech that he was creating a commission to promote “patriotic” education – a move that many took, as with his attack on the dance moves filled TikTok, to be pure campaign politics in motion for the struggling POTUS.
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A 5-year-old girl was stabbed to death Saturday morning in Chicago during another bloody weekend in the city that also resulted in at least 49 people being shot, including seven fatally, reports say.
The girl, identified as Serenity Arrington, suffered multiple stab wounds and died shortly after being rushed to a local hospital, according to CBS Chicago. Neighbors in East Garfield Park tried to assist the girl, while her mother, 27-year-old Simone Austin, was charged in her death with first-degree murder, the report added. The motive for the attack was not immediately clear.
Police also have launched a homicide investigation after the body of a woman with multiple stab wounds to her face and neck was retrieved Sunday morning from the Chicago River, the Chicago Sun-Times reports. That woman appeared to be in her mid 20s.
The gun violence in the city began Friday night when a 19-year-old man reportedly was shot in the back and chest while walking in an alley. He later was pronounced dead at a local hospital.
The next morning, a 17-year-old reportedly was standing in an alley in a different part of the city and was approached by two men. He was shot in the upper torso at about 11:10 a.m. and pronounced dead at the scene, NBC Chicago reported.
In other shootings targeting teenagers, a 17-year-old male was critically wounded in a drive-by attack in Englewood Sunday morning, while a 15-year-old male was struck in the leg after being approached by a vehicle later that day in the South Shore, police told the Chicago Sun-Times.
On Sunday night, a 20-year-old was reported to have died after being dropped off at a hospital in Englewood with a gunshot wound to his head.
A 42-year-old man also died after being shot in the back at a gathering early Saturday in the South Shore, according to the Chicago Sun-Times.
I haven’t seen President Trump’s tax returns. I’m going to start there. No matter how many times I’ve been asked today to offer my “take” on the returns, I can’t give a more honest answer than, “I haven’t seen the returns.”
I have, however, read the very detailed article from the New York Times NYT
, which can be found here. I’m not inclined to summarize it for you – you can read it on your own – and I’m not going to do an op-ed on the piece. If you are a regular reader, you’ll know that it’s not my style to play guessing games. But as I continued to be asked about the piece this evening, what did occur to me is that there are a number of issues raised in the piece that can be confusing for ordinary taxpayers like you and me.
So here are some answers to common questions raised by some of the headlines that are sure to come your way this week. I’ll update my answers as the story progresses.
I thought you once said you couldn’t find out anything from a tax return?
That’s what President Trump said in 2016, claiming, “You don’t learn anything from a tax return.”
But that’s not what I said. I wrote just the opposite in 2016, noting that “a tax return is not just a bunch of numbers. It’s a snapshot of your financial life.” Not only do you have a better understanding of where taxable income comes from, but you can also see potential failures in losses and worrisome positions with investments and loans. When it comes to taxpayers who itemize, you can learn about charitable deductions (not simply how much but where it’s distributed), real estate taxes, real estate holdings, and more. You can also glean information about the existence of offshore accounts, household employees, rental properties and more.
I have, however, tweeted that “Tax returns (even officially filed ones) aren’t dispositive when it comes to wealth.” I stand by that. One of the flaws of reviewing tax returns on their own is that they are not a reliable measure of a person’s net worth.
It sounds like Trump’s returns really are under audit. But I thought you agreed that he could not release his tax returns while under audit?
No, if Trump wanted to release his tax returns – even in the middle of an audit – he could. There’s no prohibition against it. Former IRS Commissioner Koskinen agreed that was the case in 2016. Whether it’s a good idea or not is another matter: many tax pros, like me, weren’t so sure that making a tax return public while it’s under audit was a good idea.
It feels like this audit has gone on forever. I understand statute of limitations (sort of), but why would you ever push it off?
The Times said that records show that there is an audit of Trump’s 2009 refund. The refund claim has remained in committee, “unresolved, with the statute of limitations repeatedly pushed forward.”
By statute, the IRS can’t examine your returns forever. There are deadlines and the IRS has to resolve exams and other issues within a certain period of time. If the IRS doesn’t resolve the issue by the end of the period, they’re done. BUT. Sometimes, there’s an advantage to extending the time – but it is generally done by agreement in writing (you may have seen Form 872, Consent to Extend the Time to Assess Tax before).
If you don’t sign the consent, the IRS can go ahead and issue its findings. Once that happens, the clock starts running again on your options which typically – at this point – mean heading to court if you don’t agree. So, if you think that you might be able to reach a settlement, you might sign the consent to buy a little more time. You might also do it to keep the matter out of court (which could be what’s happening here).
I tried to look it up after reading the story but could not find Line 56 on Form 1040. What is it?
Line 56 – total tax after adjustments but before taking into consideration taxes like self-employment and household employment taxes – existed in 2014. But if you’re looking for it now, you’re out of luck: there is not a Line 56 on IRS Form 1040 for tax years after 2018 because of form revisions due to, among other things, the Tax Cuts and Jobs Act (TCJA).
Okay. Let’s talk tax specifics. First, what is depreciation, really?
Trump has previously touted the benefits of depreciation, suggesting that the losses on his tax returns do not translate into losses in a portfolio. There’s some truth to that because depreciation is a tax and accounting construct: you don’t actually “lose” value each year on property when you depreciate it.
For federal income tax purposes, depreciation is a deduction that allows you to recover the cost or other basis of certain property. It can be tricky but generally, you begin to depreciate your property when you place it in service for the first time. The IRS considers property “placed in service” when it is ready and available for use, not when you actually begin using it. So, for example, if you buy a car for your business, it’s ready and available once it belongs to you, not necessarily the first time you take a ride. You depreciate the cost of the item over its useful life (based on the kind of property) unless an exception applies.
Here’s how it works. Let’s say you bought commercial property for $1 million in 2000. You don’t generally get to claim the deduction in year 1 even if you paid cash for the entire thing. Instead, you have to depreciate the property over its useful life (in this case, that’s 39 years) – which means that you deduct a little bit every year until its useful life is over.
And when you sell or otherwise transfer depreciated property, you may have to recover the depreciation, which can drive up your tax bill. It can be complicated.
This is why the Times noted that “Depreciation, though, is not a magic wand…” It doesn’t simply create losses out of thin air. You can read more about depreciation here.
Okay, got it. Now, how does cancellation of debt income work?
According to the Times, Trump failed to pay back at least $287 million since 2010. Normally, a failure to pay back that kind of debt would result in a taxable event.
If you have cancellation of debt for less than the amount you owe, the amount of the canceled debt is considered income and may be taxable unless an exclusion applies. The most common exclusions include bankruptcy, insolvency, and qualified principal residence indebtedness.
If you don’t qualify for an exclusion, you typically have to report the income and pay the tax in the year of the forgiveness.
The Times claims that Trump was able to offset some of the income with losses, and extend paying tax by taking advantage of a provision under an Obama-era bailout that allowed income from canceled debt to be deferred over a period of time.
And in a few words, how do business losses work?
That’s a tall order. But here’s the gist: business losses are sometimes called net operating losses (NOL). An NOL generally results when your tax deductions exceed your taxable income. If that number is negative in one year – but has been positive in other years resulting in tax payable – that doesn’t quite seem fair. The NOL exists so that you can balance that inequity. In other words, you can use the loss in one year to lower your taxable income and reduce your tax burden in another year.
(Don’t confuse capital losses with an NOL: they are not the same thing.)
Under existing tax laws, if you have an NOL, you first carry back the entire NOL amount for a number of years and if you still have an NOL remaining after you carry those losses back, you can carry the losses forward. You can also opt not to carry back an NOL and only carry it forward for up to 20 years. A carry forward means that you can apply the loss towards your income in a future year.
NOLs can be tricky (you can read more here), and it’s not unusual for the rules to change during an economic crunch.
According to the Times, Trump claimed huge business losses — a total of $1.4 billion from his core businesses for 2008 and 2009. Before the bailout, those losses could only be carried back two years. But the bailout extended the look back to four years: the Times says that allowed Trump to recover taxes he paid when The Apprentice was profitable. That resulted in a large refund: that’s the issue that allegedly resulted in the refund audit.
So what happened with the refund?
If you pay too much in tax, you may be entitled to a refund – but you already know that.
That’s simply what the Trump camp claims happened here. But the Times piece seems to suggest that it’s more complex: by piling on losses (the legitimacy of which may be in question), he was able to generate a tax refund of $72.9 million (tax paid for 2005 through 2008, plus interest).
Ok, I get the refund bit. Then why was there an audit?
By law, refunds of more than $2 million for individuals ($5 million for corporations) require approval from the IRS, and a report is sent to the Joint Committee on Taxation. That can result in an audit: that’s what apparently happened here.
I’ve literally never heard of abandonment when it comes to taxes. What is it?
Abandonment occurs when a taxpayer deliberately gives up ownership of property (including interest in a partnership). The IRS looks at a few factors when considering whether property has been abandoned, including ownership before abandonment, if there is intent to abandon, and actual steps to abandonment.
The Times believes that Trump may not have abandoned his ownership in his Atlantic City casinos, generating losses. He walked away from them in 2009, telling the Securities and Exchange Commission that he was “hereby abandoning” his stake.
If a loss is considered an abandonment loss, then it’s generally deductible as an ordinary loss: that means the full value of the loss can be deductible. That’s huge.
But instead, if it’s considered a sale or exchange – meaning that you got something back in exchange for walking away – it’s treated as a capital loss. Those losses are limited to $3,000. Trump reportedly received an interest in a new company after the conclusion of the bankruptcy of the company he claimed to have abandoned.
Trump’s abandonment losses for 2009 – which resulted in the refund – were reportedly $700 million. To quote Jon Lovitz’ character, Ernie Capadino, in A League of Their Own: This would be more, wouldn’t it?
Ok, now explain to me the difference between the tax treatment of a home and an investment property.
That’s a pretty easy one: you generally cannot fully deduct expenses associated with maintaining your home, while you can with an investment property. Good examples of limited deductions include real estate taxes and mortgages, which are capped for homes (but not typically for investment properties).
The Times suggests that Eric Trump has characterized the Seven Springs property as a “home base” in a Forbes article. Do you know what they are talking about?
To be honest, I didn’t. But I found the article for you. It’s here.
Can you really write off hairdressing expenses?
Maybe.
You can’t deduct an expense just because it’s desirable or makes you look more professional: that applies to hairstyles, makeup, accessories, and more.
The same is generally true for uniforms and costumes (believe it or not, this post referencing ABBA’s costumes remains one of my most popular to this day).
To claim a deduction for business expenses, section 162 of the Tax Code requires that the expense is “ordinary and necessary.” According to the IRS, an ordinary expense is one that is common and accepted in your trade or business. The IRS defines a necessary expense as “one that is helpful and appropriate for your trade or business.” (You can read more about business expenses here.)
As a tax attorney, I can’t claim that hairdressing expenses – even if I need to look professional inside of a courtroom – are ordinary and necessary. But could someone who appears on television? Maybe. But only for the television/appearance bits – not for personal comfort or other unrelated business use.
(Note that any unreimbursed job expenses for employees have been eliminated for the tax years 2018-2025 as a result of the TCJA, but business expenses remain deductible for the self-employed and businesses.)
Can you write off lawyer’s fees?
The same rules generally apply to hairdressing expenses as legal expenses. Yes, for real. Legal expenses must also be ordinary and necessary in your trade or business to be deductible.
Believe it or not, even fees paid to a criminal defense lawyer may be deductible. While lawyers and judges have quarreled about the details over the years – even carving out public policy exceptions – the rule stands that if the action otherwise means the criteria for a valid business expense, it’s deductible.
There is, however, one notable exception: no deduction is allowed for legal expenses incurred in purely personal litigation.
Can you explain why the “20 PERCENT SOLUTION” is even an issue?
Again, I haven’t seen the returns and I can’t speak to the validity or appropriateness of the consultancy payments. But what caught my eye – and I’m sure other tax professionals as well – is the alleged consistency of the size of the payments (20%) no matter the transaction. There may be a valid reason for such a thing and that’s an example of where additional documentation is key.
One of the things that I tell my clients is that your records should always support your deductions: rounding or guessing isn’t enough. And that’s especially the case when those numbers indicate a pattern. Numbers that look too good to be true are almost always a red flag. The IRS knows as well as you do that your office phone bill isn’t always $100, and your office cleaners don’t earn 10% of your monthly receipts.
Is it a crime for the New York Times to have the returns?
I’ve been asked this a lot. Some taxpayers believe that their tax returns are private… which is only partially true.
No Internal Revenue Service (IRS) employee has the right to simply browse through taxpayer records: it’s against the law to inspect tax returns without being authorized to do so. Congress, saying that it “views any unauthorized inspection of tax return information as a very serious offense,” passed the Taxpayer Browsing Protection Act of 1997 (Public Law No. 105-35), which made such an inspection a crime.
And the Internal Revenue Code mandates, in section 6103, that “returns and return information shall be confidential” except when otherwise specifically authorized.
Under section 7213 of the Tax Code, unauthorized willful disclosure of any return or return information by a federal employee (and certain other persons) is a felony; and under section 7431 of the Tax Code, civil damages may also be appropriate for willful of negligent violations, depending on the circumstances. In addition, if convicted of such a crime, a federal employee can be suspended or fired. But those rules apply to federal employees, not private citizens. A private citizen – like a spouse and or an ex-spouse – may legally have access to a taxpayer’s tax return. And, once your tax return information is disclosed to a third party, that information is no longer protected under federal tax laws.
According to the Times, the paper “obtained tax-return data extending over more than two decades for Mr. Trump and the hundreds of companies that make up his business organization, including detailed information from his first two years in office.” The Times declined to provide the records for review to a lawyer for the Trump Organization “in order to protect its sources.”
So, I don’t know if they obtained the records legally, but simply having someone else’s tax or financial information isn’t a crime.
What else should we be on the lookout for?
It can be fun to play armchair (tax) detective, but as you read through articles this week, do me two favors:
Be thoughtful about what you’re reading. Rely on trusted sources, and where possible, match tax items to code sections or court cases. Don’t assume something is true just because your favorite pundit says so.
Be patient, but not necessarily dismissive. Again, the Times claims to have the returns: most other tax writers, like me, do not. So we’re relying on what we believe to be good information – and it’s not everything. But that doesn’t mean that you should dismiss it all out of hand. The Times raises some valid questions that shouldn’t be ignored. As I read through the article – and your questions – I’m reminded of something that departing IRS-CI Chief Don Fort used to stress: voluntary compliance is the basis of our tax system, and no one is above the law.
A judge in Washington has temporarily blocked a Trump administration order banning Apple and Google from offering Chinese-owned app TikTok for download that was set to take effect at 11:59pm on Sunday.
US district judge Carl Nichols granted a preliminary injunction sought by TikTok’s owner, ByteDance, to allow the app to remain available at US app stores, but declined “at this time” to block additional commerce department restrictions that are set to take effect on 12 November that TikTok has said would have the impact of making the app impossible to use in the United States.
Nichols’ detailed written opinion is expected to be released as soon as Monday.
The Commerce Department said in a statement it “will comply with the injunction and has taken immediate steps to do so.” The statement, which defended the TikTok order and Trump’s executive order demanding owner ByteDance divest its TikTok US operations within 90 days, did not specify whether the government would appeal.
TikTok said it was pleased with the injunction and added it “will also maintain our ongoing dialogue with the government to turn our proposal, which the president gave his preliminary approval to last week, into an agreement.”
The company’s lawyer John Hall had said a ban would be “punitive” and close off a public forum used by tens of millions of Americans.
In a written brief filed ahead of the hearing, TikTok lawyers said the ban was “arbitrary and capricious” and “would undermine data security” by blocking updates and fixes to the app used by some 100 million Americans.
The company also said the ban was unnecessary because negotiations were already underway to restructure the ownership of TikTok to address national security issues raised by the administration.
TikTok has an estimated 100 million users in the US and 700 million worldwide, making it one of the largest operators in the social media space.
Government lawyers argued the president had a right to take national security actions, and said the ban was needed because of TikTok’s links to the Chinese government through its parent firm ByteDance.
A government brief called ByteDance “a mouthpiece” for the Chinese Communist Party and said it was “committed to promoting the CCP’s agenda and messaging.”
ByteDance said on 20 September it had struck a preliminary deal for Walmart Inc and Oracle Corp to take stakes in a new company, TikTok Global, that would oversee US operations after Trump said he had given the deal his “blessing.” Negotiations continue over the terms of the agreement and to resolve concerns from Washington and Beijing.
The deal is still to be reviewed by the US government’s Committee on Foreign Investment in the United States (CFIUS).
Two thousand people in California‘s Napa Valley wine growing area have been ordered to evacuate their homes, and another 3,000 have been told to prepare to, amid rapidly-spreading wildfires which have destroyed at least one winery.
Chateau Boswell, a 40-year-old family-run winery near St Helena, was on fire on Sunday night, as firefighters desperately tried to put out the blaze.
Napa County Office of Emergency Services said 64 wineries sit within the evacuation or evacuation warning areas, along with rural estates and remote, unincorporated communities.
High winds, gusting at 55mph, were hampering attempts to put out the Glass Fire, which broke out at 3:50am on Sunday and has so far burned 2,500 acres near St. Helena.
St. Helena, around 15 miles north of Napa, has been the site of prized wineries since the 1860s. The area is home to Beringer, one of California’s oldest continuously operating wineries, founded by Jacob Beringer and his brother Frederick in 1875. Some wines produced in the region sell for more than $460 a bottle.
Chateau Boswell was the first winery to be certified Napa Green, in recognition of their environmental protection efforts
The Glass Mountain Inn is engulfed by flames after a blaze broke out in St Helena, California, on Sunday, destroying a number of homes
Chateau Boswell, a 40-year-old family-run winery near St Helena was on fire on Sunday night
The steeple at Chateau Boswell Winery burns as the Glass Fire moves through the area, destroying more than 2,500 acres
A plane is seen dumping fire retardant chemicals on the hillsides above the vineyards of Napa Valley
A Marin County firefighter is seen battling the Glass Fire in Calistoga as the flames ripped through fields and homes in the area
Embers fall from a tree in St Helena as fire fighters struggled to control the blaze which has rampaged through the state
A vineyard was destroyed by the horrific fire which illuminated the sky orange and decimated much of the beautiful landscape
The Glass Fire burns behind Merus Wines vineyards in Napa Valley after a heatwave and dry winds created the perfect storm for the blaze to take hold
The Glass Mountain Inn was engulfed by blames, completely destroying the popular bed & breakfast in Napa Valley
Fire officials look on as the Glass Fire burns closed to Viader Vineyards and Winery in Deer Park, Napa County, on Sunday
Napa Valley has been famed for its vineyards since the 1860s and produces wines that can sell for more than $460 a bottle
Vines from the Viader Vineyards were engulfed in smoke on Sunday afternoon as the Glass Fire blazed out of control
A fountain outside the Glass Mountain Inn is illuminated by the roaring fires which are destroying the property in the background
The area is also flanked by the LNU Lightning Complex, which was sparked on August 17 and has destroyed 363,000 acres. It is now 98 per cent contained – unlike the Glass Fire, which is entirely uncontained.
County emergency management officials say 743 homes and 1,857 people are within the Glass Fire evacuation zone, the Press Democrat reported.
A further 1,370 homes and 3,425 people are in the larger evacuation warning zone.
Some were evacuated from their homes before dawn, and evacuations continued throughout the day.
Among those evacuated were 50 patients at Adventist Health St. Helena hospital in Deer Park.
It was the second wildfire-related evacuation of the 151-bed hospital in a month, after a massive cluster of lightning-sparked blazes that swept several counties north of the San Francisco Bay region in August.
A 48-hour red flag warning, that started at 9pm on Saturday and was expected to last until 9pm on Monday, was the basis for the hospital evacuation and extensive residential evacuations.
Fourteen sheriffs deputies from Napa County went door-to-door telling people to evacuate, using high-low sirens to alert residents.
The cause of the fire is being investigated and there were no immediate reports of injuries
Planes dropped tonnes of red fire retardant chemicals on the Davis Estates winery near Calistoga
A large region of northern California was battling the raging fires as many homes were destroyed in the inferno
Chateau Boswell’s roof was in flames as the blaze ripped through the region in the latest terrifying wildfire
The hillsides above the Davis Estates vineyard were ablaze on Sunday, and firefighters were working to protect the site
The blaze erupted midway through the traditional grape-harvesting period in the Napa Valley, world renowned as one of California’s premiere wine-producing regions.
The area’s 475 wineries account for just 4 per cent of the state’s total annual grape harvest but half of the retail value of all California wines sold, according to the Napa Valley Vintners trade group.
Of Napa’s 16 wine-growing districts, or sub-appellations, the Howell Mountain area may have faced the greatest threat, said Lisa Covey, a spokeswoman for Hall Family Wines, which kept open during the day all its three tasting rooms in the county.
Napa and other wine-growing regions have been hit by wildfires in and around the Bay area for several years. Susan Krausz, co-owner of Arkenstone Estate Vineyards in the Howell Mountain community of Angwin, said it would take days or weeks to assess the impact of the latest blaze on valley vintners.
‘Most people have harvested,’ she said, but added, ‘Any time’s a bad time for a fire.’
The blaze erupted midway through the traditional grape-harvesting period in the Napa Valley, world renowned as one of California’s premiere wine-producing regions
California wildfires have scorched more than 3.7 million acres in the first nine months of 2020, far exceeding any single year in state history
Chris Maschauser rides an ATV to cut off a heard of goats from Mascauser Vineyards and Ranch which had been hired to eat underbrush in order to protect it from the advance of the fire
Tom Kaljian, 78, a realtor who owns a house about halfway between Calistoga and St. Helena, defied evacuation orders to spend the day with his wife hosing down their home and dry brush along a fence line separating their property from the Silverado Trail, a key north-south roadway.
‘We were told to get out of here, but I was trying to protect our little abode, so we stayed,’ he told Reuters by telephone.
After firefighters told him the house was no longer in danger, he added, ‘I stopped watering at that point, and came in and took a nap.’
The Glass Fire came as the Pacific Gas and Electric Company said it was temporarily halting power to transmission lines in parts of 16 counties across northern and central California to guard against greater wildfire risks in hot, windy, dry weather.
The public safety power shutoffs were expected to affect about 65,000 regional homes and businesses, said PG&E, the state’s largest electric utility.
California wildfires have scorched more than 3.7 million acres in the first nine months of 2020, far exceeding any single year in state history, killing 26 people and destroying more than 7,000 structures.
A Cal Fire fire engine drives into the Louis Stralla Water Treatment Plant during the Glass Fire
The moon rises behind burning trees along the famous Silverado Trail road, home to dozens of celebrated wineries
A palm tree on fire as the Glass Fire rages along the famous Silverado Trail road in the town of Deer Park
Firefighters protect a residence from the encroaching Glass Fire at a vineyard in Deer Park
‘We are very concerned tonight about red flag conditions,’ said Janet Upton, spokeswoman for the Napa County Office of Emergency Services.
She said that many of the communities were isolated and reached via narrow, winding mountain roads, which made the decision to evacuate more pressing.
Upton said the dry conditions and high winds were worrying firefighters.
‘There’s been discussion of relative humidity in elevations in the fire area as low as 0 per cent — and kiln-dried wood is at 9 per cent,’ Upton said.
‘That factor alone, without the winds, would drive dangerous fire behavior.’
The spectacular 100-year-old Davis Estate winery, with its beautiful wooden tasting room, was considered under threat.
So too was Reverie, founded 25 years ago on a lush Napa hillside.
Photos posted on social media showed planes flying above the Davis Estate, dropping fire retardant chemicals to try and protect the property.
Cal Fire used a DC10 plane, which was capable of dropping almost 10,000 gallons of retardant in eight seconds on each pass.
Chateau Boswell was beyond help. The winery was one of a handful of privately-owned family wineries amidst the 554 wineries in the Napa Valley.
On Sunday the winery was ablaze, with firefighters trying to save what they could of the ravaged buildings and vines.
County emergency management officials say 743 homes and 1,857 people are within the Glass Fire evacuation zone
Chateau Boswell, a winery founded 40 years ago, was engulfed by flames on Sunday afternoon
The lovingly-tended grapes, producing Cabernet Sauvignon and Cabernet Franc wines, went up in smoke on Sunday
Trees surrounding the famous Silverado Trail went up in flames on Sunday as the Glass Fire raged
When they sifted through the wreckage of the 2016 election, and reckoned with their losses in the Midwest, Democrats were surprised by what they found in Georgia. The state had not voted for a Democratic president since 1992, and it delivered 16 electoral votes for Donald Trump, continuing the pattern.
But something had happened in the suburbs. In defeat, Hillary Clinton had won more raw votes out of Georgia than any Democratic nominee in history, and she had carried the GOP’s longtime stronghold — the fast-growing counties just outside of Atlanta. Nearly half of the state’s votes came from the Atlanta metro region, and the modern GOP has never struggled so much there.
Even in triumph, Republicans began to worry. Once-conservative Cobb County elected a new GOP chair on the promise to “Make Cobb Red Again.” A 2017 special election for a House seat in the county went down to the wire. One year later, Democrats flipped that seat and nearly won another in Atlanta’s suburbs, as Democratic nominee Stacey Abrams lost the closest race for governor in 24 years.
“Democrats, let’s do better,” Abrams wrote in a 2019 memo to party leaders. “Any decision less than full investment in Georgia would amount to strategic malpractice.”
Have Democrats put everything they could into the state since then? Arguably not — but that’s changing. Joe Biden’s cash-flush campaign has bought ads in the state, and Abrams’s group Fair Fight Georgia has registered hundreds of thousands of voters and pumped up requests for absentee ballots. The Trump campaign has not taken the state for granted, with the president dropping into Atlanta last week to roll out his “platinum plan” for Black Americans.
Georgia’s shift from 2012 to 2016
Clinton was the first Democrat since Carter to win Cobb and Gwinnett counties, suburban GOP strongholds.
GOP won
by 250K
Dem. won by
500K votes
250K
TIE
Atlanta
Atlanta Suburbs
2016
margin
2012
Black Belt
South Georgia
Piedmont
North Georgia
Statewide 2016 margin
Democrats added to those gains in 2018, but Republicans held the state again with landslide support from north and south of Atlanta.
How Georgia shifted from 2012 to 2016
Clinton was the first Democrat since Carter to win Cobb and Gwinnett counties, suburban GOP strongholds.
GOP won
by 250K
Dem. won by
500K votes
250K
TIE
Atlanta
Atlanta Suburbs
2016
margin
2012
Black Belt
South Georgia
Piedmont
North Georgia
Statewide 2016 margin
Democrats added to those gains in 2018, but Republicans held the state again with landslide support from north and south of Atlanta.
How Georgia shifted from 2012 to 2016
Clinton was the first Democrat since Carter to win Cobb and Gwinnett counties, suburban Republican strongholds.
Dem. won by
500K votes
GOP won
by 250K
250K
TIE
Atlanta
Atlanta Suburbs
2016
margin
2012
Black Belt
South Georgia
Piedmont
North Georgia
Statewide 2016 margin
Democrats added to those gains in 2018, but Republicans held the state again with landslide support from north and south of Atlanta.
Like the rest of the Deep South, Georgia was dominated by conservative Democrats for more than a century, from the end of Reconstruction to the beginning of Ronald Reagan’s presidency. Democrats held both houses of Georgia’s legislature until 2002 — then, in a single election, lost both, kicking off a decade of decline. Conservative Democrats below the “Gnat Line,” shorthand for where the state’s Piedmont region ends and its hotter plains begin, bolted the party and never came back.
The math only changed as the electorate got larger and more diverse. In 2004, when Democrats made no effort in the state, 70 percent of all voters were White, according to exit polls. In 2016, the White share of the electorate fell to 60 percent and Democrats won the state’s suburban Cobb and Gwinnett counties, for the first time since Jimmy Carter won the presidency. They added to those gains in 2018, but Republicans held out with landslide support from White voters north and south of Atlanta.
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Republicans are slightly more nervous about those suburbs, but in a war of attrition, they have more votes to spare. We’ve split Georgia into six political “states,” starting with Atlanta, where Republicans were struggling before Trump’s presidency and have lost ground since. The Atlanta suburbs, six counties with interstate access to the city, have become the state’s most competitive region. North Georgia, the Piedmont and South Georgia are solidly Republican, and the party may have some more votes to turn out there. The Black Belt, with fewer votes than these other regions, always backs Democrats — but a turnout difference of just 20,000 or 30,000 votes, with rural Black voters being enthusiastic to cast ballots and confident those ballots will count, could swing a close statewide election.
This is the eighth in a series breaking down the key swing states of 2020, showing how electoral trends played out over the past few years and where the shift in votes really mattered. See all 50 states here.
Atlanta
The “capital of the south” welcomes tens of thousands of new residents every year, and they have only made Atlanta bluer. In 2016, Clinton won more votes in the three core counties of metro Atlanta than any Democrat in history. Donald Trump won fewer votes here than any Republican nominee in 20 years. Months later, he alienated Atlanta’s Black voters further by insulting Rep. John Lewis (D), insisting that the Civil Rights icon’s district was in “horrible shape” and “infested” with crime.
Lewis died this year, and Atlanta continues to get bluer. DeKalb County is one of the few majority-Black places in the country where turnout in 2016 was markedly higher than 2012, and in 2018, Abrams turned out 10,000 more voters than Clinton had — an unheard-of surge from a presidential year to a midterm. Republicans still run strong in the north end of Fulton County, around cities like Roswell — just not as strong as they once did, as those cities have grown more diverse and less conservative.
2016 vote totals
Counties included: Clayton, DeKalb, Fulton
Atlanta Burbs
The exurbs of Atlanta were built by segregation and “White flight.” The city’s geographic expansion halted in the 1960s, when such places as Sandy Springs rejected annexation; nearby Marietta became a bulwark of White conservative politics, starting Newt Gingrich on his journey to becoming House speaker.
But a steady stream of immigrants and escapees from other states has turned the region blue, with Cobb County backing Clinton by two points, then supporting Abrams by nine points. A region that gave Mitt Romney a 60,000-vote victory in 2012 gave Clinton a 48,000-vote margin, then went more solidly for Abrams and Democratic candidates, with the party picking up 11 seats in the state legislature largely through gains in these suburbs.
The reddest part of Georgia has also been making the most news lately — conservative activist and conspiracy theorist Marjorie Taylor Greene won the Republican nomination to represent the 14th Congressional District, and the party threw up its hands. Every county in the region backed Trump in 2016, with the GOP nominee carrying all but three precincts, in the cities of Dalton and Rome. And Trump added more than 50,000 votes to Romney’s 2012 total, finding White voters without college degrees who had been sitting out elections.
Democrats added some votes, too, because there was not much room to fall. In the past few decades, only Zell Miller, who’d been born in Towns County, was able to win votes here for Democrats. The GOP now clears 80 percent of the vote in most of northwestern and northeastern Georgia, and Gov. Brian Kemp’s 2018 win came after he did what looked unlikely — he made it even redder.
Georgia, as with much of the Deep South, was built on the backs of enslaved Black people, and the legacy of the cotton trade stretches across the middle of the state. Fifteen counties in the region have majority-Black populations and have voted reliably for Democrats even as Whiter counties have shifted toward the GOP. They’re essential to Biden’s chances in the state, but no nominee has maximized turnout here since Barack Obama’s two campaigns.
From 2012 to 2016, the falloff was worth around 25,000 votes. The region’s biggest cities, Augusta, Columbus and Macon, got bluer, while Democratic margins everywhere else slightly declined. Four small counties also flipped from narrowly blue to narrowly red — Dooly, Peach, Quitman, Twiggs — as Black turnout declined, and they stayed red in 2018, even as Democratic turnout grew in urban areas. But like the Black Belt in other parts of the South, the region is slowly losing population, capping the number of new votes either party can win.
Outside of Atlanta, central Georgia is mostly rural and overwhelmingly Republican, with a few dots of blue. The University of Georgia helped make Athens one of the most liberal parts of the state, if not as liberal (or as vote-rich) as similar college towns in the Midwest and Northeast, and the places closest to Atlanta moved marginally toward the Democrats.
The rest of the region is overwhelmingly White and solidly Republican, with the party gaining strength here in every election since 2010. (Obama’s 2008 bid made a few inroads here, but only in that election.) Across these 30 counties, Trump ran roughly 17,000 votes ahead of Romney; Clinton ran roughly 7,000 votes ahead of Obama. Winning here by a smaller margin, over a candidate who has not inherited all of Clinton’s problems with White working-class voters, could hurt the GOP.
There are two very different political climates south of the Gnat Line; most voters live in the one that’s shifting right. Outside of Savannah and its suburbs in Bryan County, every single part of the region voted by a bigger margin for Trump than for Romney; tiny Brantley County gave Trump a 78-point margin, one of his biggest in the entire state. Across all six of our “states,” this is the only one where Clinton ran behind Obama, with Trump expanding the GOP’s margin from nearly 140,000 votes to more than 170,000 votes.
Those trends didn’t change in 2018, and strong turnout here helped Republicans cross 50 percent of the statewide vote, even though the population of southwestern Georgia has been shrinking. Like the Piedmont, this is a deep red region with a few dashes of blue in small cities; Democrats won the city of Valdosta, for example, while nearby Moody Air Force Base is a Republican stronghold. A good night for Republicans will involve landslide margins out of Georgia’s southern counties; an upset by Democrats will require enough gains elsewhere to make that irrelevant.
The Times obtained Donald Trump’s tax information extending over more than two decades, revealing struggling properties, vast write-offs, an audit battle and hundreds of millions in debt coming due.
Donald J. Trump paid $750 in federal income taxes the year he won the presidency. In his first year in the White House, he paid another $750.
He had paid no income taxes at all in 10 of the previous 15 years — largely because he reported losing much more money than he made.
As the president wages a re-election campaign that polls say he is in danger of losing, his finances are under stress, beset by losses and hundreds of millions of dollars in debt coming due that he has personally guaranteed. Also hanging over him is a decade-long audit battle with the Internal Revenue Service over the legitimacy of a $72.9 million tax refund that he claimed, and received, after declaring huge losses. An adverse ruling could cost him more than $100 million.
The tax returns that Mr. Trump has long fought to keep private tell a story fundamentally different from the one he has sold to the American public. His reports to the I.R.S. portray a businessman who takes in hundreds of millions of dollars a year yet racks up chronic losses that he aggressively employs to avoid paying taxes. Now, with his financial challenges mounting, the records show that he depends more and more on making money from businesses that put him in potential and often direct conflict of interest with his job as president.
The New York Times has obtained tax-return data extending over more than two decades for Mr. Trump and the hundreds of companies that make up his business organization, including detailed information from his first two years in office. It does not include his personal returns for 2018 or 2019. This article offers an overview of The Times’s findings; additional articles will be published in the coming weeks.
The returns are some of the most sought-after, and speculated-about, records in recent memory. In Mr. Trump’s nearly four years in office — and across his endlessly hyped decades in the public eye — journalists, prosecutors, opposition politicians and conspiracists have, with limited success, sought to excavate the enigmas of his finances. By their very nature, the filings will leave many questions unanswered, many questioners unfulfilled. They comprise information that Mr. Trump has disclosed to the I.R.S., not the findings of an independent financial examination. They report that Mr. Trump owns hundreds of millions of dollars in valuable assets, but they do not reveal his true wealth. Nor do they reveal any previously unreported connections to Russia.
In response to a letter summarizing The Times’s findings, Alan Garten, a lawyer for the Trump Organization, said that “most, if not all, of the facts appear to be inaccurate” and requested the documents on which they were based. After The Times declined to provide the records, in order to protect its sources, Mr. Garten took direct issue only with the amount of taxes Mr. Trump had paid.
“Over the past decade, President Trump has paid tens of millions of dollars in personal taxes to the federal government, including paying millions in personal taxes since announcing his candidacy in 2015,” Mr. Garten said in a statement.
With the term “personal taxes,” however, Mr. Garten appears to be conflating income taxes with other federal taxes Mr. Trump has paid — Social Security, Medicare and taxes for his household employees. Mr. Garten also asserted that some of what the president owed was “paid with tax credits,” a misleading characterization of credits, which reduce a business owner’s income-tax bill as a reward for various activities, like historic preservation.
The tax data examined by The Times provides a road map of revelations, from write-offs for the cost of a criminal defense lawyer and a mansion used as a family retreat to a full accounting of the millions of dollars the president received from the 2013 Miss Universe pageant in Moscow.
Together with related financial documents and legal filings, the records offer the most detailed look yet inside the president’s business empire. They reveal the hollowness, but also the wizardry, behind the self-made-billionaire image — honed through his star turn on “The Apprentice” — that helped propel him to the White House and that still undergirds the loyalty of many in his base.
Ultimately, Mr. Trump has been more successful playing a business mogul than being one in real life.
“The Apprentice,” along with the licensing and endorsement deals that flowed from his expanding celebrity, brought Mr. Trump a total of $427.4 million, The Times’s analysis of the records found. He invested much of that in a collection of businesses, mostly golf courses, that in the years since have steadily devoured cash — much as the money he secretly received from his father financed a spree of quixotic overspending that led to his collapse in the early 1990s.
Indeed, his financial condition when he announced his run for president in 2015 lends some credence to the notion that his long-shot campaign was at least in part a gambit to reanimate the marketability of his name.
As the legal and political battles over access to his tax returns have intensified, Mr. Trump has often wondered aloud why anyone would even want to see them. “There’s nothing to learn from them,” he told The Associated Press in 2016. There is far more useful information, he has said, in the annual financial disclosures required of him as president — which he has pointed to as evidence of his mastery of a flourishing, and immensely profitable, business universe.
In fact, those public filings offer a distorted picture of his financial state, since they simply report revenue, not profit. In 2018, for example, Mr. Trump announced in his disclosure that he had made at least $434.9 million. The tax records deliver a very different portrait of his bottom line: $47.4 million in losses.
Tax records do not have the specificity to evaluate the legitimacy of every business expense Mr. Trump claims to reduce his taxable income — for instance, without any explanation in his returns, the general and administrative expenses at his Bedminster golf club in New Jersey increased fivefold from 2016 to 2017. And he has previously bragged that his ability to get by without paying taxes “makes me smart,” as he said in 2016. But the returns, by his own account, undercut his claims of financial acumen, showing that he is simply pouring more money into many businesses than he is taking out.
The picture that perhaps emerges most starkly from the mountain of figures and tax schedules prepared by Mr. Trump’s accountants is of a businessman-president in a tightening financial vise.
Most of Mr. Trump’s core enterprises — from his constellation of golf courses to his conservative-magnet hotel in Washington — report losing millions, if not tens of millions, of dollars year after year.
His revenue from “The Apprentice” and from licensing deals is drying up, and several years ago he sold nearly all the stocks that now might have helped him plug holes in his struggling properties.
The tax audit looms.
And within the next four years, more than $300 million in loans — obligations for which he is personally responsible — will come due.
Against that backdrop, the records go much further toward revealing the actual and potential conflicts of interest created by Mr. Trump’s refusal to divest himself of his business interests while in the White House. His properties have become bazaars for collecting money directly from lobbyists, foreign officials and others seeking face time, access or favor; the records for the first time put precise dollar figures on those transactions.
At the Mar-a-Lago club in Palm Beach, Fla., a flood of new members starting in 2015 allowed him to pocket an additional $5 million a year from the business. In 2017, the Billy Graham Evangelistic Association paid at least $397,602 to the Washington hotel, where the group held at least one event during its four-day World Summit in Defense of Persecuted Christians.
The Times was also able to take the fullest measure to date of the president’s income from overseas, where he holds ultimate sway over American diplomacy. When he took office, Mr. Trump said he would pursue no new foreign deals as president. Even so, in his first two years in the White House, his revenue from abroad totaled $73 million. And while much of that money was from his golf properties in Scotland and Ireland, some came from licensing deals in countries with authoritarian-leaning leaders or thorny geopolitics — for example, $3 million from the Philippines, $2.3 million from India and $1 million from Turkey.
He reported paying taxes, in turn, on a number of his overseas ventures. In 2017, the president’s $750 contribution to the operations of the U.S. government was dwarfed by the $15,598 he or his companies paid in Panama, the $145,400 in India and the $156,824 in the Philippines.
Mr. Trump’s U.S. payment, after factoring in his losses, was roughly equivalent, in dollars not adjusted for inflation, to another presidential tax bill revealed nearly a half-century before. In 1973, The Providence Journal reported that, after a charitable deduction for donating his presidential papers, Richard M. Nixon had paid $792.81 in 1970 on income of about $200,000.
The leak of Mr. Nixon’s small tax payment caused a precedent-setting uproar: Henceforth, presidents, and presidential candidates, would make their tax returns available for the American people to see.
A Map of the Empire
The contents of thousands of personal and business tax records fill in financial details that have been withheld for years.
“I would love to do that,” Mr. Trump said in 2014 when asked whether he would release his taxes if he ran for president. He’s been backpedaling ever since.
When he ran, he said he might make his taxes public if Hillary Clinton did the same with the deleted emails from her private server — an echo of his taunt, while stoking the birther fiction, that he might release the returns if President Barack Obama released his birth certificate. He once boasted that his tax returns were “very big” and “beautiful.” But making them public? “It’s very complicated.” He often claims that he cannot do so while under audit — an argument refuted by his own I.R.S. commissioner. When prosecutors and congressional investigators issued subpoenas for his returns, he wielded not just his private lawyers but also the power of his Justice Department to stalemate them all the way to the Supreme Court.
Mr. Trump’s elaborate dance and defiance have only stoked suspicion about what secrets might lie hidden in his taxes. Is there a financial clue to his deference to Russia and its president, Vladimir V. Putin? Did he write off as a business expense the hush-money payment to the pornographic film star Stormy Daniels in the days before the 2016 election? Did a covert source of money feed his frenzy of acquisition that began in the mid-2000s?
The Times examined and analyzed the data from thousands of individual and business tax returns for 2000 through 2017, along with additional tax information from other years. The trove included years of employee compensation information and records of cash payments between the president and his businesses, as well as information about ongoing federal audits of his taxes. This article also draws upon dozens of interviews and previously unreported material from other sources, both public and confidential.
All of the information The Times obtained was provided by sources with legal access to it. While most of the tax data has not previously been made public, The Times was able to verify portions of it by comparing it with publicly available information and confidential records previously obtained by The Times.
To delve into the records is to see up close the complex structure of the president’s business interests — and the depth of his entanglements. What is popularly known as the Trump Organization is in fact a collection of more than 500 entities, virtually all of them wholly owned by Mr. Trump, many carrying his name. For example, 105 of them are a variation of the name Trump Marks, which he uses for licensing deals.
Fragments of Mr. Trump’s tax returns have leaked out before.
Transcripts of his main federal tax form, the 1040, from 1985 to 1994, were obtained by The Times in 2019. They showed that, in many years, Mr. Trump lost more money than nearly any other individual American taxpayer. Three pages of his 1995 returns, mailed anonymously to The Times during the 2016 campaign, showed that Mr. Trump had declared losses of $915.7 million, giving him a tax deduction that could have allowed him to avoid federal income taxes for almost two decades. Five months later, the journalist David Cay Johnston obtained two pages of Mr. Trump’s returns from 2005; that year, his fortunes had rebounded to the point that he was paying taxes.
The vast new trove of information analyzed by The Times completes the recurring pattern of ascent and decline that has defined the president’s career. Even so, it has its limits.
Tax returns do not, for example, record net worth — in Mr. Trump’s case, a topic of much posturing and almost as much debate. The documents chart a great churn of money, but while returns report debts, they often do not identify lenders.
The data contains no new revelations about the $130,000 payment to Stephanie Clifford, the actress who performs as Stormy Daniels — a focus of the Manhattan district attorney’s subpoena for Mr. Trump’s tax returns and other financial information. Mr. Trump has acknowledged reimbursing his former lawyer, Michael D. Cohen, who made the payoff, but the materials obtained by The Times did not include any itemized payments to Mr. Cohen. The amount, however, could have been improperly included in legal fees written off as a business expense, which are not required to be itemized on tax returns.
No subject has provoked more intense speculation about Mr. Trump’s finances than his connection to Russia. While the tax records revealed no previously unknown financial connection — and, for the most part, lack the specificity required to do so — they did shed new light on the money behind the 2013 Miss Universe pageant in Moscow, a subject of enduring intrigue because of subsequent investigations into Russia’s interference in the 2016 election.
The records show that the pageant was the most profitable Miss Universe during Mr. Trump’s time as co-owner, and that it generated a personal payday of $2.3 million — made possible, at least in part, by the Agalarov family, who would later help set up the infamous 2016 meeting between Trump campaign officials seeking “dirt” on Mrs. Clinton and a Russian lawyer connected to the Kremlin.
In August, the Senate Intelligence Committee released a report that looked extensively into the circumstances of the Moscow pageant, and revealed that as recently as February, investigators subpoenaed the Russian singer Emin Agalarov, who was involved in planning it. Mr. Agalarov’s father, Aras, a billionaire who boasts of close ties to Mr. Putin, was Mr. Trump’s partner in the event.
The committee interviewed a top Miss Universe executive, Paula Shugart, who said the Agalarovs offered to underwrite the event; their family business, Crocus Group, paid a $6 million licensing fee and another $6 million in expenses. But while the pageant proved to be a financial loss for the Agalarovs — they recouped only $2 million — Ms. Shugart told investigators that it was “one of the most lucrative deals” the Miss Universe organization ever made, according to the report.
That is borne out by the tax records. They show that in 2013, the pageant reported $31.6 million in gross receipts — the highest since at least the 1990s — allowing Mr. Trump and his co-owner, NBC, to split profits of $4.7 million. By comparison, Mr. Trump and NBC shared losses of $2 million from the pageant the year before the Moscow event, and $3.8 million from the one the year after.
Loser, Winner
Losses reported by businesses Mr. Trump owns and runs helped wipe out tax bills on hundreds of millions of dollars in celebrity income.
While Mr. Trump crisscrossed the country in 2015 describing himself as uniquely qualified to be president because he was “really rich” and had “built a great company,” his accountants back in New York were busy putting the finishing touches on his 2014 tax return.
After tabulating all the profits and losses from Mr. Trump’s various endeavors on Form 1040, the accountants came to Line 56, where they had to enter the total income tax the candidate was required to pay. They needed space for only a single figure.
Zero.
For Mr. Trump, that bottom line must have looked familiar. It was the fourth year in a row that he had not paid a penny of federal income taxes.
Mr. Trump’s avoidance of income taxes is one of the most striking discoveries in his tax returns, especially given the vast wash of income itemized elsewhere in those filings.
Mr. Trump’s net income from his fame — his 50 percent share of “The Apprentice,” together with the riches showered upon him by the scores of suitors paying to use his name — totaled $427.4 million through 2018. A further $176.5 million in profit came to him through his investment in two highly successful office buildings.
So how did he escape nearly all taxes on that fortune? Even the effective tax rate paid by the wealthiest 1 percent of Americans could have caused him to pay more than $100 million.
The answer rests in a third category of Mr. Trump’s endeavors: businesses that he owns and runs himself. The collective and persistent losses he reported from them largely absolved him from paying federal income taxes on the $600 million from “The Apprentice,” branding deals and investments.
That equation is a key element of the alchemy of Mr. Trump’s finances: using the proceeds of his celebrity to purchase and prop up risky businesses, then wielding their losses to avoid taxes.
Throughout his career, Mr. Trump’s business losses have often accumulated in sums larger than could be used to reduce taxes on other income in a single year. But the tax code offers a workaround: With some restrictions, business owners can carry forward leftover losses to reduce taxes in future years.
That provision has been the background music to Mr. Trump’s life. As The Times’s previous reporting on his 1995 return showed, the nearly $1 billion in losses from his early-1990s collapse generated a tax deduction that he could use for up to 18 years going forward.
The newer tax returns show that Mr. Trump burned through the last of the tax-reducing power of that $1 billion in 2005, just as a torrent of entertainment riches began coming his way following the debut of “The Apprentice” the year before.
For 2005 through 2007, cash from licensing deals and endorsements filled Mr. Trump’s bank accounts with $120 million in pure profit. With no prior-year losses left to reduce his taxable income, he paid substantial federal income taxes for the first time in his life: a total of $70.1 million.
As his celebrity income swelled, Mr. Trump went on a buying spree unlike any he had had since the 1980s, when eager banks and his father’s wealth allowed him to buy or build the casinos, airplanes, yacht and old hotel that would soon lay him low.
When “The Apprentice” premiered, Mr. Trump had opened only two golf courses and was renovating two more. By the end of 2015, he had 15 courses and was transforming the Old Post Office building in Washington into a Trump International Hotel. But rather than making him wealthier, the tax records reveal as never before, each new acquisition only fed the downward draft on his bottom line.
Consider the results at his largest golf resort, Trump National Doral, near Miami. Mr. Trump bought the resort for $150 million in 2012; through 2018, his losses have totaled $162.3 million. He has pumped $213 million of fresh cash into Doral, tax records show, and has a $125 million mortgage balance coming due in three years.
His three courses in Europe — two in Scotland and one in Ireland — have reported a combined $63.6 million in losses.
Over all, since 2000, Mr. Trump has reported losses of $315.6 million at the golf courses that are his prized possessions.
For all of its Trumpworld allure, his Washington hotel, opened in 2016, has not fared much better. Its tax records show losses through 2018 of $55.5 million.
And Trump Corporation, a real estate services company, has reported losing $134 million since 2000. Mr. Trump personally bankrolled the losses year after year, marking his cash infusions as a loan with an ever-increasing balance, his tax records show. In 2016, he gave up on getting paid back and turned the loan into a cash contribution.
Mr. Trump has often posited that his losses are more accounting magic than actual money out the door.
Last year, after The Times published details of his tax returns from the 1980s and 1990s, he attributed the red ink to depreciation, which he said in a tweet would show “losses in almost all cases” and that “much was non monetary.”
“I love depreciation,” Mr. Trump said during a presidential debate in 2016.
Depreciation, though, is not a magic wand — it involves real money spent or borrowed to buy buildings or other assets that are expected to last years. Those costs must be spread out as expenses and deducted over the useful life of the asset. Even so, the rules do hold particular advantages for real estate developers like Mr. Trump, who are allowed to use their real estate losses to reduce their taxable income from other activities.
What the tax records for Mr. Trump’s businesses show, however, is that he has lost chunks of his fortune even before depreciation is figured in. The three European golf courses, the Washington hotel, Doral and Trump Corporation reported losing a total of $150.3 million from 2010 through 2018, without including depreciation as an expense.
To see what a successful business looks like, depreciation or not, look no further than one in Mr. Trump’s portfolio that he does not manage.
After plans for a Trump-branded mini-city on the Far West Side of Manhattan stalled in the 1990s, Mr. Trump’s stake was sold by his partner to Vornado Realty Trust. Mr. Trump objected to the sale in court, saying he had not been consulted, but he ended up with a 30 percent share of two valuable office buildings owned and operated by Vornado.
His share of the profits through the end of 2018 totaled $176.5 million, with depreciation factored in. He has never had to invest more money in the partnership, tax records show.
Among businesses he runs, Mr. Trump’s first success remains his best. The retail and commercial spaces at Trump Tower, completed in 1983, have reliably delivered more than $20 million a year in profits, a total of $336.3 million since 2000 that has done much to help keep him afloat.
Mr. Trump has an established track record of stiffing his lenders. But the tax returns reveal that he has failed to pay back far more money than previously known: a total of $287 million since 2010.
The I.R.S. considers forgiven debt to be income, but Mr. Trump was able to avoid taxes on much of that money by reducing his ability to declare future business losses. For the rest, he took advantage of a provision of the Great Recession bailout that allowed income from canceled debt to be completely deferred for five years, then spread out evenly over the next five. He declared the first $28.2 million in 2014.
Once again, his business losses mostly absolved his tax responsibilities. He paid no federal income taxes for 2014.
Mr. Trump was periodically required to pay a parallel income tax called the alternative minimum tax, created as a tripwire to prevent wealthy people from using huge deductions, including business losses, to entirely wipe out their tax liabilities.
Mr. Trump paid alternative minimum tax in seven years between 2000 and 2017 — a total of $24.3 million, excluding refunds he received after filing. For 2015, he paid $641,931, his first payment of any federal income tax since 2010.
As he settled into the Oval Office, his tax bills soon returned to form. His potential taxable income in 2016 and 2017 included $24.8 million in profits from sources related to his celebrity status and $56.4 million for the loans he did not repay. The dreaded alternative minimum tax would let his business losses erase only some of his liability.
Each time, he requested an extension to file his 1040; and each time, he made the required payment to the I.R.S. for income taxes he might owe — $1 million for 2016 and $4.2 million for 2017. But virtually all of that liability was washed away when he eventually filed, and most of the payments were rolled forward to cover potential taxes in future years.
To cancel out the tax bills, Mr. Trump made use of $9.7 million in business investment credits, at least some of which related to his renovation of the Old Post Office hotel, which qualified for a historic-preservation tax break. Although he had more than enough credits to owe no taxes at all, his accountants appear to have carved out an allowance for a small tax liability for both 2016 and 2017.
When they got to line 56, the one for income taxes due, the amount was the same each year: $750.
The $72.9 Million Maneuver
“The Apprentice” created what was probably the biggest income tax bite of Mr. Trump’s life. During the Great Recession bailout, he asked for the money back.
Testifying before Congress in February 2019, the president’s estranged personal lawyer, Mr. Cohen, recalled Mr. Trump’s showing him a huge check from the U.S. Treasury some years earlier and musing “that he could not believe how stupid the government was for giving someone like him that much money back.”
In fact, confidential records show that starting in 2010 he claimed, and received, an income tax refund totaling $72.9 million — all the federal income tax he had paid for 2005 through 2008, plus interest.
The legitimacy of that refund is at the center of the audit battle that he has long been waging, out of public view, with the I.R.S.
The records that The Times reviewed square with the way Mr. Trump has repeatedly cited, without explanation, an ongoing audit as grounds for refusing to release his tax returns. He alluded to it as recently as July on Fox News, when he told Sean Hannity, “They treat me horribly, the I.R.S., horribly.”
And while the records do not lay out all the details of the audit, they match his lawyers’ statement during the 2016 campaign that audits of his returns for 2009 and subsequent years remained open, and involved “transactions or activities that were also reported on returns for 2008 and earlier.”
Mr. Trump harvested that refund bonanza by declaring huge business losses — a total of $1.4 billion from his core businesses for 2008 and 2009 — that tax laws had prevented him from using in prior years.
But to turn that long arc of failure into a giant refund check, he relied on some deft accounting footwork and an unwitting gift from an unlikely source — Mr. Obama.
Business losses can work like a tax-avoidance coupon: A dollar lost on one business reduces a dollar of taxable income from elsewhere. The types and amounts of income that can be used in a given year vary, depending on an owner’s tax status. But some losses can be saved for later use, or even used to request a refund on taxes paid in a prior year.
Until 2009, those coupons could be used to wipe away taxes going back only two years. But that November, the window was more than doubled by a little-noticed provision in a bill Mr. Obama signed as part of the Great Recession recovery effort. Now business owners could request full refunds of taxes paid in the prior four years, and 50 percent of those from the year before that.
Mr. Trump had paid no income taxes in 2008. But the change meant that when he filed his taxes for 2009, he could seek a refund of not just the $13.3 million he had paid in 2007, but also the combined $56.9 million paid in 2005 and 2006, when “The Apprentice” created what was likely the biggest income tax bite of his life.
The records reviewed by The Times indicate that Mr. Trump filed for the first of several tranches of his refund several weeks later, in January 2010. That set off what tax professionals refer to as a “quickie refund,” a check processed in 90 days on a tentative basis, pending an audit by the I.R.S.
His total federal income tax refund would eventually grow to $70.1 million, plus $2,733,184 in interest. He also received $21.2 million in state and local refunds, which often piggyback on federal filings.
Whether Mr. Trump gets to keep the cash, though, remains far from a sure thing.
Refunds require the approval of I.R.S. auditors and an opinion of the congressional Joint Committee on Taxation, a bipartisan panel better known for reviewing the impact of tax legislation. Tax law requires the committee to weigh in on all refunds larger than $2 million to individuals.
Records show that the results of an audit of Mr. Trump’s refund were sent to the joint committee in the spring of 2011. An agreement was reached in late 2014, the documents indicate, but the audit resumed and grew to include Mr. Trump’s returns for 2010 through 2013. In the spring of 2016, with Mr. Trump closing in on the Republican nomination, the case was sent back to the committee. It has remained there, unresolved, with the statute of limitations repeatedly pushed forward.
Precisely why the case has stalled is not clear. But experts say it suggests that the gap between the sides remains wide. If negotiations were to deadlock, the case would move to federal court, where it could become a matter of public record.
The dispute may center on a single claim that jumps off the page of Mr. Trump’s 2009 tax return: a declaration of more than $700 million in business losses that he had not been allowed to use in prior years. Unleashing that giant tax-avoidance coupon enabled him to receive some or all of his refund.
The material obtained by The Times does not identify the business or businesses that generated those losses. But the losses were a kind that can be claimed only when partners give up their interest in a business. And in 2009, Mr. Trump parted ways with a giant money loser: his long-failing Atlantic City casinos.
After Mr. Trump’s bondholders rebuffed his offer to buy them out, and with a third round of bankruptcy only a week away, Mr. Trump announced in February 2009 that he was quitting the board of directors.
“If I’m not going to run it, I don’t want to be involved in it,” he told The Associated Press. “I’m one of the largest developers in the world. I have a lot of cash and plenty of places I can go.”
The same day, he notified the Securities and Exchange Commission that he had “determined that his partnership interests are worthless and lack potential to regain value” and was “hereby abandoning” his stake.
The language was crucial. Mr. Trump was using the precise wording of I.R.S. rules governing the most beneficial, and perhaps aggressive, method for business owners to avoid taxes when separating from a business.
A partner who walks away from a business with nothing — what tax laws refer to as abandonment — can suddenly declare all the losses on the business that could not be used in prior years. But there are a few catches, including this: Abandonment is essentially an all-or-nothing proposition. If the I.R.S. learns that the owner received anything of value, the allowable losses are reduced to just $3,000 a year.
And Mr. Trump does appear to have received something. When the casino bankruptcy concluded, he got 5 percent of the stock in the new company. The materials reviewed by The Times do not make clear whether Mr. Trump’s refund application reflected his public declaration of abandonment. If it did, that 5 percent could place his entire refund in question.
If the auditors ultimately disallow Mr. Trump’s $72.9 million federal refund, he will be forced to return that money with interest, and possibly penalties, a total that could exceed $100 million. He could also be ordered to return the state and local refunds based on the same claims.
In response to a question about the audit, Mr. Garten, the Trump Organization lawyer, said facts cited by The Times were incorrect, without citing specifics. He did, however, write that it was “illogical” to say Mr. Trump had not paid taxes for those three years just because the money was later refunded.
“While you claim that President Trump paid no taxes in 10 of the 15 previous years,” Mr. Garten said, “you also assert that President Trump claimed a massive refund for tens of millions for taxes he did pay. These two claims are entirely inconsistent and, in any event, not supported by the facts.”
House Democrats who have been in hot pursuit of Mr. Trump’s tax returns most likely have no idea that at least some of the records are sitting in a congressional office building. George Yin, a former chief of staff for the joint committee, said that any identifying information about taxpayers under review was tightly held among a handful of staff lawyers and was rarely shared with politicians assigned to the committee.
It is possible that the case has been paused because Mr. Trump is president, which would raise the personal stakes of re-election. If the recent Fox interview is any indication, Mr. Trump seems increasingly agitated about the matter.
“It’s a disgrace what’s happened,” he told Mr. Hannity. “We had a deal done. In fact, it was — I guess it was signed even. And once I ran, or once I won, or somewhere back a long time ago, everything was like, ‘Well, let’s start all over again.’ It’s a disgrace.”
The 20 Percent Solution
Helping to reduce Mr. Trump’s tax bills are unidentified consultants’ fees, some of which can be matched to payments received by Ivanka Trump.
Examining the Trump Organization’s tax records, a curious pattern emerges: Between 2010 and 2018, Mr. Trump wrote off some $26 million in unexplained “consulting fees” as a business expense across nearly all of his projects.
In most cases the fees were roughly one-fifth of his income: In Azerbaijan, Mr. Trump collected $5 million on a hotel deal and reported $1.1 million in consulting fees, while in Dubai it was $3 million with a $630,000 fee, and so on.
Mysterious big payments in business deals can raise red flags, particularly in places where bribes or kickbacks to middlemen are routine. But there is no evidence that Mr. Trump, who mostly licenses his name to other people’s projects and is not involved in securing government approvals, has engaged in such practices.
Rather, there appears to be a closer-to-home explanation for at least some of the fees: Mr. Trump reduced his taxable income by treating a family member as a consultant, and then deducting the fee as a cost of doing business.
The “consultants” are not identified in the tax records. But evidence of this arrangement was gleaned by comparing the confidential tax records to the financial disclosures Ivanka Trump filed when she joined the White House staff in 2017. Ms. Trump reported receiving payments from a consulting company she co-owned, totaling $747,622, that exactly matched consulting fees claimed as tax deductions by the Trump Organization for hotel projects in Vancouver and Hawaii.
Ms. Trump had been an executive officer of the Trump companies that received profits from and paid the consulting fees for both projects — meaning she appears to have been treated as a consultant on the same hotel deals that she helped manage as part of her job at her father’s business.
When asked about the arrangement, the Trump Organization lawyer, Mr. Garten, did not comment.
Employers can deduct consulting fees as a business expense and also avoid the withholding taxes that apply to wages. To claim the deduction, the consulting arrangement must be an “ordinary and necessary” part of running the business, with fees that are reasonable and market-based, according to the I.R.S. The recipient of the fees is still required to pay income tax.
The I.R.S. has pursued civil penalties against some business owners who devised schemes to avoid taxes by paying exorbitant fees to related parties who were not in fact independent contractors. A 2011 tax court case centered on the I.R.S.’s denial of almost $3 million in deductions for consulting fees the partners in an Illinois accounting firm paid themselves via corporations they created. The court concluded that the partners had structured the fees to “distribute profits, not to compensate for services.”
There is no indication that the I.R.S. has questioned Mr. Trump’s practice of deducting millions of dollars in consulting fees. If the payments to his daughter were compensation for work, it is not clear why Mr. Trump would do it in this form, other than to reduce his own tax liability. Another, more legally perilous possibility is that the fees were a way to transfer assets to his children without incurring a gift tax.
A Times investigation in 2018 found that Mr. Trump’s late father, Fred Trump, employed a number of legally dubious schemes decades ago to evade gift taxes on millions of dollars he transferred to his children. It is not possible to discern from this newer collection of tax records whether intra-family financial maneuverings were a motivating factor.
However, the fact that some of the consulting fees are identical to those reported by Mr. Trump’s daughter raises the question of whether this was a mechanism the president used to compensate his adult children involved with his business. Indeed, in some instances where large fees were claimed, people with direct knowledge of the projects were not aware of any outside consultants who would have been paid.
On the failed hotel deal in Azerbaijan, which was plagued by suspicions of corruption, a Trump Organization lawyer told The New Yorker the company was blameless because it was merely a licenser and had no substantive role, adding, “We did not pay any money to anyone.” Yet, the tax records for three Trump L.L.C.s involved in that project show deductions for consulting fees totaling $1.1 million that were paid to someone.
In Turkey, a person directly involved in developing two Trump towers in Istanbul expressed bafflement when asked about consultants on the project, telling The Times there was never any consultant or other third party in Turkey paid by the Trump Organization. But tax records show regular deductions for consulting fees over seven years totaling $2 million.
Ms. Trump disclosed in her public filing that the fees she received were paid through TTT Consulting L.L.C., which she said provided “consulting, licensing and management services for real estate projects.” Incorporated in Delaware in December 2005, the firm is one of several Trump-related entities with some variation of TTT or TTTT in the name that appear to refer to members of the Trump family.
Like her brothers Donald Jr. and Eric, Ms. Trump was a longtime employee of the Trump Organization and an executive officer for more than 200 Trump companies that licensed or managed hotel and resort properties. The tax records show that the three siblings had each drawn a salary from their father’s company — roughly $480,000 a year, jumping to about $2 million after Mr. Trump became president — though Ms. Trump no longer receives a salary. What’s more, Mr. Trump has said the children were intimately involved in negotiating and managing his projects. When asked in a 2011 lawsuit deposition whom he relied on to handle important details of his licensing deals, he named only Ivanka, Donald Jr. and Eric.
On Ms. Trump’s now-defunct website, which explains her role at the Trump Organization, she was not identified as a consultant. Rather, she has been described as a senior executive who “actively participates in all aspects of both Trump and Trump branded projects, including deal evaluation, predevelopment planning, financing, design, construction, sales and marketing, and ensuring that Trump’s world-renowned physical and operational standards are met.
“She is involved in all decisions — large and small.”
The Art of the Write-Off
Hair stylists, table linens, property taxes on a family estate — all have been deducted as business expenses.
Private jets, country clubs and mansions have all had a role in the selling of Donald Trump.
“I play to people’s fantasies,” he wrote in “Trump: The Art of the Deal.” “People want to believe that something is the biggest and the greatest and the most spectacular. I call it truthful hyperbole. It’s an innocent form of exaggeration — and a very effective form of promotion.”
If the singular Trump product is Trump in an exaggerated form — the man, the lifestyle, the acquisitiveness — then everything that feeds the image, including the cost of his businesses, can be written off on his taxes. Mr. Trump may be reporting business losses to the government, but he can still live a life of wealth and write it off.
Take, for example, Mar-a-Lago, now the president’s permanent residence as well as a private club and stage set on which Trump luxury plays out. As a business, it is also the source of millions of dollars in expenses deducted from taxable income, among them $109,433 for linens and silver and $197,829 for landscaping in 2017. Also deducted as a business expense was the $210,000 paid to a Florida photographer over the years for shooting numerous events at the club, including a 2016 New Year’s Eve party hosted by Mr. Trump.
Mr. Trump has written off as business expenses costs — including fuel and meals — associated with his aircraft, used to shuttle him among his various homes and properties. Likewise the cost of haircuts, including the more than $70,000 paid to style his hair during “The Apprentice.” Together, nine Trump entities have written off at least $95,464 paid to a favorite hair and makeup artist of Ivanka Trump.
In allowing business expenses to be deducted, the I.R.S. requires that they be “ordinary and necessary,” a loosely defined standard often interpreted generously by business owners.
Perhaps Mr. Trump’s most generous interpretation of the business expense write-off is his treatment of the Seven Springs estate in Westchester County, N.Y.
Seven Springs is a throwback to another era. The main house, built in 1919 by Eugene I. Meyer Jr., the onetime head of the Federal Reserve who bought The Washington Post in 1933, sits on more than 200 acres of lush, almost untouched land just an hour’s drive north of New York City.
“The mansion is 50,000 square feet, has three pools, carriage houses, and is surrounded by nature preserves,” according to The Trump Organization website.
Mr. Trump had big plans when he bought the property in 1996 — a golf course, a clubhouse and 15 private homes. But residents of surrounding towns thwarted his ambitions, arguing that development would draw too much traffic and risk polluting the drinking water.
Mr. Trump instead found a way to reap tax benefits from the estate. He took advantage of what is known as a conservation easement. In 2015, he signed a deal with a land conservancy, agreeing not to develop most of the property. In exchange, he claimed a $21.1 million charitable tax deduction.
The tax records reveal another way Seven Springs has generated substantial tax savings. In 2014, Mr. Trump classified the estate as an investment property, as distinct from a personal residence. Since then, he has written off $2.2 million in property taxes as a business expense — even as his 2017 tax law allowed individuals to write off only $10,000 in property taxes a year.
Courts have held that to treat residences as businesses for tax purposes, owners must show that they have “an actual and honest objective of making a profit,” typically by making substantial efforts to rent the property and eventually generating income.
Whether or not Seven Springs fits those criteria, the Trumps have described the property somewhat differently.
In 2014, Eric Trump told Forbes that “this is really our compound.” Growing up, he and his brother Donald Jr. spent many summers there, riding all-terrain vehicles and fishing on a nearby lake. At one point, the brothers took up residence in a carriage house on the property. “It was home base for us for a long, long time,” Eric told Forbes.
And the Trump Organization website still describes Seven Springs as a “retreat for the Trump family.”
Mr. Garten, the Trump Organization lawyer, did not respond to a question about the Seven Springs write-off.
The Seven Springs conservation-easement deduction is one of four that Mr. Trump has claimed over the years. While his use of these deductions is widely known, his tax records show that they represent the lion’s share of his charitable giving — about $119.3 million of roughly $130 million in personal and corporate charitable contributions reported to the I.R.S.
Two of those deductions — at Seven Springs and at the Trump National Golf Club in Los Angeles — are the focus of an investigation by the New York attorney general, who is examining whether the appraisals on the land, and therefore the tax deductions, were inflated.
Another common deductible expense for all businesses is legal fees. The I.R.S. requires that these fees be “directly related to operating your business,” and businesses cannot deduct “legal fees paid to defend charges that arise from participation in a political campaign.”
Yet the tax records show that the Trump Corporation wrote off as business expenses fees paid to a criminal defense lawyer, Alan S. Futerfas, who was hired to represent Donald Trump Jr. during the Russia inquiry. Investigators were examining Donald Jr.’s role in the 2016 Trump Tower meeting with Russians who had promised damaging information on Mrs. Clinton. When he testified before Congress in 2017, Mr. Futerfas was by his side.
Mr. Futerfas was also hired to defend the president’s embattled charitable foundation, which would be shut down in 2018 after New York regulators said it had engaged in “a shocking pattern of illegality.”
The Trump Corporation paid Mr. Futerfas at least $1.9 million in 2017 and 2018, tax records show. Also written off was at least $259,684 paid to Williams & Jensen, another law firm brought in during the same period to represent Donald Trump Jr.
A President and a Businessman
Deals in countries led by strongmen, tenants who have business before the federal government, and hotels and clubs that draw those seeking access or favor.
In May, the chairman of a trade group representing Turkish business interests wrote to Commerce Secretary Wilbur Ross urging support for increased trade between the United States and Turkey. The ultimate goal was nothing less than “reorienting the U.S. supply chain away from China.”
The letter was among three sent to cabinet secretaries by Mehmet Ali Yalcindag, chairman of the Turkey-U.S. Business Council, who noted that he had copied each one to Mr. Trump.
The president needed no introduction to Mr. Yalcindag: The Turkish businessman helped negotiate a licensing deal in 2008 for his family’s company to develop two Trump towers in Istanbul. The tax records show the deal has earned Mr. Trump at least $13 million — far more than previously known — including more than $1 million since he entered the White House, even as his onetime associate now lobbies on behalf of Turkish interests.
Mr. Yalcindag said he had “remained friendly” with Mr. Trump since their work together years ago, but that all communications between his trade group and the administration “go through formal channels and are properly disclosed.”
The ethical quandaries created by Mr. Trump’s decision to keep his business while in the White House have been documented. But the full financial measure of his extraordinary confluence of interests — a president with a wealth of business entanglements at home and in myriad geopolitical hot spots — has remained elusive.
The tax records for Mr. Trump and his hundreds of companies show precisely how much money he has received over the years, and how heavily he has come to rely on leveraging his brand in ways that pose potential or direct conflicts of interest while he is president. The records also provide the first reliable window onto his finances before 2014, the earliest year covered by his required annual disclosures, showing that his total profits from some projects outside the United States were larger than indicated by those limited public filings.
Based on the financial disclosures, which report much of his income in broad ranges, Mr. Trump’s earnings from the Istanbul towers could have been as low as $3.2 million. In the Philippines, where he licensed his name to a Manila tower nearly a decade ago, the low end of the range was $4.1 million — less than half of the $9.3 million he actually made. In Azerbaijan, he collected more than $5 million for the failed hotel project, about twice what appeared on his public filings.
It did not take long for conflicts to emerge when Mr. Trump ran for president and won. The Philippines’ strongman leader, Rodrigo Duterte, chose as a special trade envoy to Washington the businessman behind the Trump tower in Manila. In Argentina, a key person who had been involved in a Uruguayan licensing deal that earned Mr. Trump $2.3 million was appointed to a cabinet post.
The president’s conflicts have been most evident with Turkey, where the business community and the authoritarian government of President Recep Tayyip Erdogan have not hesitated to leverage various Trump enterprises to their advantage. When Turkish-American relations were at a low point, a Turkish business group canceled a conference at Mr. Trump’s Washington hotel; six months later, when the two countries were on better terms, the rescheduled event was attended by Turkish government officials. Turkish Airlines also chose the Trump National Golf Club in suburban Virginia to host an event.
More broadly, the tax records suggest other ways in which Mr. Trump’s presidency has propped up his sagging bottom line. Monthly credit card receipts, reported to the I.R.S. by third-party card processing firms, reflect the way certain of his resorts, golf courses and hotels became favored stomping grounds, if not venues for influence-trading, beginning in 2015 and continuing into his time in the White House.
The credit card data does not reflect total revenue, and is useful mainly for showing short-term ups and downs of consumer interest in a business. While two of Mr. Trump’s marquee draws — the Washington hotel in the Old Post Office and the Doral golf resort — are loaded with debt and continue to lose money, both have seen credit card transactions rise markedly with his political ascent.
At the hotel, the monthly receipts grew from $3.7 million in December 2016 shortly after it opened, to $5.4 million in January 2017 and $6 million by May 2018. At Doral, after Mr. Trump declared his candidacy in June 2015, credit card revenue more than doubled, to $13 million, for the three months through August, compared with the same period the year before.
One Trump enterprise that has been regularly profitable, and is a persistent source of concern about ethical conflicts and national security lapses, is the Mar-a-Lago club. Profits there rose sharply after Mr. Trump declared his candidacy, as courtiers eagerly joining up brought a tenfold rise in cash from initiation fees — from $664,000 in 2014 to just under $6 million in 2016, even before Mr. Trump doubled the cost of initiation in January 2017. The membership rush allowed the president to take $26 million out of the business from 2015 through 2018, nearly triple the rate at which he had paid himself in the prior two years.
Some of the largest payments from business groups for events or conferences at Mar-a-Lago and other Trump properties have come since Mr. Trump became president, the tax records show.
At Doral, Mr. Trump collected a total of at least $7 million in 2015 and 2016 from Bank of America, and at least $1.2 million in 2017 and 2018 from a trade association representing food retailers and wholesalers. The U.S. Chamber of Commerce paid Doral at least $406,599 in 2018.
Beyond one-time payments for events or memberships, large corporations also pay rent for space in the few commercial buildings Mr. Trump actually owns. Walgreens, the pharmacy giant that resolved an antitrust matter before federal regulators in 2017, pays $3.4 million a year for a lease at 40 Wall Street, a Trump-owned office building in Manhattan.
Another renter at 40 Wall, for $2.5 million a year, is Atane Engineers, which changed its name in 2018 after a corruption scandal that culminated in two former top executives’ pleading guilty to paying bribes for city infrastructure contracts. Despite the criminal case — which landed the company on New York State’s list of “non-responsible entities” that require a waiver to obtain state contracts — the newly christened Atane registered as an eligible federal contractor with no restrictions listed in its file.
Rental income over all at 40 Wall has risen markedly, from $30.5 million in 2014 to $43.2 million in 2018. The tax records show that the cost of existing leases there has risen, and at least four law firms appear to have moved in since Mr. Trump ran for president.
In addition to buildings he owns outright, there is the president’s stake in the Vornado partnerships that control two valuable office towers — 1290 Sixth Avenue in Manhattan and 555 California Street in San Francisco. Vornado’s chief executive, Steven Roth, is a close Trump ally recently named to the White House economic recovery council. Last year, the president appointed Mr. Roth’s wife, Daryl Roth, to the Kennedy Center board of trustees.
Vornado tenants include a roster of blue-chip firms paying multimillion-dollar leases, many of whom regularly do business with, lobby or are regulated by the federal government. Among the dozens of leases paid in 2018 to Mr. Trump’s Vornado partnerships, according to his tax records, were $5.8 million from Goldman Sachs; $3.1 million from Microsoft; $32.7 million from Neuberger Berman, an investment management company; and $8.8 million from the law firm Kirkland & Ellis.
The Gathering Storm
Threats are converging: mounting business losses, the looming I.R.S. audit and personally guaranteed debts coming due.
When Mr. Trump glided down a gilded Trump Tower escalator to kick off his presidential campaign in June 2015, his finances needed a jolt.
His core businesses were reporting mounting losses — more than $100 million over the previous two years. The river of celebrity-driven income that had long buoyed them was running dry.
If Mr. Trump hoped his unlikely candidacy might, at least, revitalize his brand, his barrage of derogatory remarks about immigrants quickly cost him two of his biggest and easiest sources of cash — licensing deals with clothing and mattress manufacturers that had netted him more than $30 million. NBC, his partner in Miss Universe — source of nearly $20 million in profits — announced that it would no longer broadcast the pageant; he sold it soon after.
Now his tax records make clear that he is facing a battery of threats to his business and his own financial well-being.
Over the past decade, he appears to have filled the cash-flow gaps with a series of one-shots that may not be available again.
In 2012, he took out a $100 million mortgage on the commercial space in Trump Tower. He took nearly the entire amount as a payout, his tax records show. His company has paid more than $15 million in interest on the loan, but nothing on the principal. The full $100 million comes due in 2022.
In 2013, he withdrew $95.8 million from his Vornado partnership account.
And in January 2014, he sold $98 million in stocks and bonds, his biggest single month of sales in at least the last two decades. He sold $54 million more in stocks and bonds in 2015, and $68.2 million in 2016. His financial disclosure released in July showed that he had as little as $873,000 in securities left to sell.
Mr. Trump’s businesses reported cash on hand of $34.7 million in 2018, down 40 percent from five years earlier.
What’s more, the tax records show that Mr. Trump has once again done what he says he regrets, looking back on his early 1990s meltdown: personally guaranteed hundreds of millions of dollars in loans, a decision that led his lenders to threaten to force him into personal bankruptcy.
This time around, he is personally responsible for loans and other debts totaling $421 million, with most of it coming due within four years. Should he win re-election, his lenders could be placed in the unprecedented position of weighing whether to foreclose on a sitting president.
There is, however, a tax benefit for Mr. Trump. While business owners can use losses to avoid taxes, they can do so only up to the amount invested in the business. But by taking personal responsibility for that $421 million in debt, Mr. Trump would be able to declare that amount in losses in future years.
The balances on those loans had not been paid down by the end of 2018. And the businesses carrying the bulk of the debt — the Doral golf resort ($125 million) and the Washington hotel ($160 million) — are struggling, which could make it difficult to find a lender willing to refinance it.
The unresolved audit of his $72.9 million tax refund hangs over his head.
The broader economy promises little relief. Across the country, brick-and-mortar stores are in decline, and they have been very important to Trump Tower, which has in turn been very important to Mr. Trump. Nike, which rented the space for its flagship store in a building attached to Trump Tower and had paid $195.1 million in rent since the 1990s, left in 2018.
The president’s most recent financial disclosure reported modest gains in 2019. But that was before the pandemic hit. His already struggling properties were shut down for several months earlier this year. The Doral resort asked Deutsche Bank to allow a delay on its loan payments. Analysts have predicted that the hotel business will not fully recover until late 2023.
Mr. Trump still has assets to sell. But doing so could take its own toll, both financial and to Mr. Trump’s desire to always be seen as a winner. The Trump family said last year that it was considering selling the Washington hotel, but not because it was losing money.
In Mr. Trump’s telling, any difficulty in his finances has been caused by the sacrifices made for his current job.
“They say, ‘Trump is getting rich off our nation,’” he said at a rally in Minneapolis last October. “I lose billions being president, and I don’t care. It’s nice to be rich, I guess, but I lose billions.”
David Kirkpatrick, Kitty Bennett and Jesse Drucker contributed reporting. Illustrations by Justin Metz.
The Trump campaign on Sunday questioned why Democratic presidential nominee Joe Biden is being “silent” on what it calls anti-Catholic bigotry aimed at Supreme Court nominee Judge Amy Coney Barrett.
During a “Catholics for Trump” phone call Sunday, Deputy Campaign Manager Justin Clark said he is “really, really, really concerned” about Barrett’s confirmation battle on Capitol Hill, slated to begin on Oct. 12.
“The stakes in this nomination couldn’t be higher,” Clark said. “Our faith as Catholics is under attack currently, and it is going to ramp up and get even worse.”
Clark described President Trump’s nomination of Barrett to the high court as a “landmark nomination” for the country and the court, but added that it is a “seminal moment for the left to reimpose bigoted and unconstitutional religious tests on our nominees for high office.”
“Religious bigotry as Catholics isn’t new in this country,” Clark said, adding that the “new radical left has embraced many of the hateful and destructive tendencies of anti-Catholicism of the past.”
“A renewed anti-Catholic movement in this country has been growing for some time,” Clark said, adding that it has “exploded onto the scene again.”
Clark went on to cite the scrutiny Barrett faced over her faith by Democrats on the Senate Judiciary Committee in 2017 when she was appointed to the 7th Circuit Court of Appeals.
During the hearing, Barrett, a Catholic mother of seven, had to assert numerous times that her faith would not influence her jurisprudence.
Sen. Dianne Feinstein, D-Calif., the ranking member of the Senate Judiciary Committee, told Barrett at the time that she was concerned over her Catholic beliefs, and particularly how she would apply them in cases involving abortion.
“Why is it that so many of us on this side have this very uncomfortable feeling that dogma and law are two different things, and I think whatever a religion is, it has its own dogma. The law is totally different,” Feinstein told Barrett, a Notre Dame law professor. “And I think in your case, professor, when you read your speeches, the conclusion one draws is that the dogma lives loudly within you. And that’s of concern.”
Clark, on Sunday, slammed Democrats during that hearing in 2017, saying: “If this isn’t the imposition or application of some kind of religious test on people, I don’t know what is.”
But Clark shifted, pointing to the former vice president, and questioning where he stands in the midst of the attacks on Barrett’s faith.
“Where is Joe Biden in all of this? Silent. He’s dead silent,” Clark said. “Just like he was silent when his administration persecuted the Little Sisters of the Poor, or when his own vice presidential nominee Kamala Harris disqualified someone based on their membership to the Knights of Columbus.”
Clark added: “I am very concerned about where we’re headed down this road, where Democrats are headed down this road, and we’ve got to stop it because this is creeping back into our culture and our society and it is not okay.”
Clark urged those on the call to “be aware” and to “engage” with Catholics who support the president.
“This is something that is going to impact all Americans,” Clark said. “It’s hateful and disgusting rhetoric that’s going to be seeping its way back into our culture and our political lives.”
Clark described the upcoming battle surrounding Barrett’s confirmation as “long” and “hard.”
“We need to stand up to this, and we need to stand with the president and Judge Barrett and win in her confirmation, and win on November 3,” he said.
Clark’s comments come as Democrats have questioned whether Barrett’s religion would influence her decisions on cases should she be confirmed to the Supreme Court.
House Speaker Nancy Pelosi, D-Calif., cautioned her fellow Democrats in the Senate against bringing up Barrett’s Catholicism during her confirmation hearing.
Pelosi, who is a Catholic, argued that a person’s religious beliefs should not matter to the senators questioning the potential Supreme Court justice, but instead they should focus on Barrett’s views on the Constitution.
“I think it’s appropriate for people to ask her about how faithful she would be to the Constitution of the United States, whatever her faith,” Pelosi said Sunday during an interview on CNN’s “State of the Union.” “It doesn’t matter what her faith is or what religion she believes in. What matters is, does she believe in the Constitution of the United States?”
Pelosi added: “Does she believe in the precedent on the Supreme Court that has upheld the Affordable Care Act? This is, again, directly related to a major concern of the American people, as it was in 2018. Health care, health care, health care. The three most important issues in this election.”
When Barrett’s name first arose in 2018 as a possible Supreme Court pick by President Trump, even some conservatives worried her sparse judicial record made it too hard to predict how she might rule. Nearly three years on, her judicial record now includes the authorship of around 100 opinions and several telling dissents in which Barrett displayed her clear and consistent conservative bent.
She has long expressed sympathy with a mode of interpreting the Constitution, called originalism, in which justices try to decipher original meanings of texts in assessing if someone’s rights have been violated. Many liberals oppose that strict approach, saying it is too rigid and doesn’t allow the Constitution to change with the times.
Barrett’s fondness for original texts was on display in a 2019 dissent in a gun-rights case in which she argued a person convicted of a nonviolent felony shouldn’t be automatically barred from owning a gun. All but a few pages of her 37-page dissent were devoted to the history of gun rules for convicted criminals in the 18th and 19th centuries.
In the 2017 White House questionnaire, Barrett was asked if it was her view that abortion was always immoral. She didn’t answer the question directly but said: “If I am confirmed (to the 7th Circuit), my views on this or any other question will have no bearing on the discharge of my duties as a judge.”
In a 2013 Texas Law Review article, Barrett listed fewer than 10 cases she said are widely considered “super-precedents,” ones that no justice would dare reverse even if they believed they were wrongly decided. Among them was Brown vs. Board of Education, which declared racial segregation in schools unconstitutional.
One she didn’t include on the list: Roe v. Wade, the 1973 landmark case that affirmed a woman’s right to abortion. Scholars don’t include it, she wrote, because public controversy swirling around it has never abated.
Abortion and women’s rights were the focus of a bruising 2017 confirmation process after Barrett’s nomination to the 7th Circuit.
Others pointed to Barrett’s membership of the University of Notre Dame’s “Faculty for Life” group – and that she had signed a 2015 letter to Catholic bishops affirming the “value of human life from conception to natural death.”
The Senate eventually confirmed her in a 55-43 vote, with three Democrats joined the majority.
Fox News’ Andrew O’Reilly and The Associated Press contributed to this report.
In this photo illustration a mobile phone screen displays TikTok logo in front of a keyboard.
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Anadolu Agency/Anadolu Agency
In this photo illustration a mobile phone screen displays TikTok logo in front of a keyboard.
Anadolu Agency/Anadolu Agency
Updated 11:16 p.m. ET Sunday
A federal judge on Sunday blocked President Trump’s TikTok ban, granting a temporary reprieve to the wildly popular video-sharing app.
During a telephone court hearing on Sunday, lawyers for TikTok argued that Trump’s clampdown infringed on free speech and due process rights.
John Hall, an attorney for TikTok, said that the app, with some 100 million American users, is a “modern day version of the town square” and shutting it down is akin to silencing speech.
Judge Carl Nichols of the U.S. District Court for the District of Columbia, responded by halting the ban, which was set to kick in at midnight Sunday.
The action from the White House would have forced TikTok to be removed from smartphone app stores, meaning TikTok could not reach new users, and those who already had it would be deprived of app updates, eventually rendering it nonfunctional.
Nichols denied a request to extend a Nov. 12 deadline for TikTok to spin off its U.S. operations to an American company, or face possible extinction in the country.
In a statement, TikTok said it is pleased the court sided with its legal arguments.
“We will continue defending our rights for the benefit of our community and employees. At the same time, we will also maintain our ongoing dialogue with the government to turn our proposal, which the President gave his preliminary approval to last weekend, into an agreement,” a TikTok spokeswoman said.
In the wake of its setback, the Trump administration said it will postpone the planned ban of the app, but vowed to continue the legal battle.
“The E.O. is fully consistent with the law and promotes legitimate national security interests. The Government will comply with the injunction and has taken immediate steps to do so, but intends to vigorously defend the E.O. and the Secretary’s implementation efforts from legal challenges,” the Commerce Department said in a statement.
The judge’s move means the Chinese-owned TikTok can now operate without interruption at least until a full court hearing. Nicholas’ opinion supporting his decision was not immediately released publicly. A full hearing date on the case has not yet been set.
The U.S.-TikTok row started with an executive order blacklisting the app on Aug. 6, when the president invoked a national economic emergency, citing national security reasons.
In its court filing, TikTok’s lawyers said there’s no credible evidence to back up Trump’s national security claims. Instead, TikTok’s legal team accused the president of being driven by “political-related animus” for “political campaign fodder.”
“It would be no different than the government locking the doors to a public forum, roping off that town square,” Hall said on Sunday.
“Telling two-thirds of the country, who are not members of this community, that you’re not going to be permitted in,” Hall told the judge. “The government would be taking this extraordinary action at the very time that the need for free, open and accessible communication in America is at its zenith — 37 days before a national election.”
U.S. Department of Justice lawyer Daniel Schwei countered that any free speech concerns are “completely irrelevant” to the president’s national security prerogatives.
“The concern here is about data security risk and leaving data vulnerable to access by the Chinese government,” Schwei said. “This is the most immediate national security threat. It is a threat today.”
The White House fears China’s authoritarian regime could gain access to the data TikTok collects and use it to spy on or blackmail Americans. Trump officials have called the chief executive of TikTok parent company ByteDance a “mouthpiece” of China’s Communist Party. So far, U.S. officials have not offered direct proof that China has ever sought TikTok data.
TikTok, for its part, says it would deny any data requests from Beijing, pointing to how Americans’ data is stored mostly in the U.S. and decisions about the data are made by a U.S.-led team.
The judge handing a temporary victory to TikTok follows the actions of another judge, in Northern California, who paused enforcement of the president’s ban of a separate Chinese-owned app, WeChat. In that case, the judge found that the Trump administration offered “scant evidence” to support its national security fears.
Even a ban of six months, TikTok has said, would be devastating. TikTok’s interim global head Vanessa Pappas estimated that 90% of TikTok users would quit if the app went dark for that amount of time.
Trump has indicated that he would back off his push to outlaw TikTok if its U.S. operations were sold to an American company. Software company Oracle and Walmart received tentative approval from the president in a deal to rescue the app, but since then, ByteDance and the American companies appear at odds over the new company’s ownership structure.
Any agreement would need the blessing of the Chinese government, something that looks increasingly in doubt. On Saturday, the Global Times, an outlet of China’s Communist Party, called Trump’s crackdown on TikTok a “mafia-style robbery of a lucrative Chinese business” and that the Oracle deal was not likely to be approved.
Even Biden had to chuckle at Trump’s latest taunts, although the Democratic nominee opted against saying anything when a reporter asked him later Sunday about the president’s demand.
“He’s almost …,” Biden said before interrupting himself. “No. I have no comment.”
Later, the Biden campaign reconsidered.
“Vice President Biden intends to deliver his debate answers in words. If the president thinks his best case is made in urine he can have at it,” said Kate Bedingfield, Biden’s deputy campaign manager. “We’d expect nothing less from Donald Trump, who pissed away the chance to protect the lives of 200K Americans when he didn’t make a plan to stop COVID-19.”
Normally, Biden’s campaign wouldn’t respond to Trump, calling his comments a distraction or a case of serial deception or both. Biden, for instance, last week declined in recent days to say whether he still opposes adding more members to the Supreme Court and Bedingfield also declined to comment on the idea of Trump not agreeing to peacefully transfer power if he loses the race to Biden.
But Trump’s remarks about Biden using drugs and needing a drug test were too weird to pass up for the campaign, especially because advisers want this process story to play out because it shows just how much trouble Trump feels he’s in concerning the debates.
Trump for months has been portraying Biden as weak and ‘sleepy,’ but setting expectations so low heading into a debate all but ensures the former vice president will more than deliver and has left Trump bracing for a presidential self-own.
So Trump recently test-drove his new attack line, telling a crowd on Sept. 19 “don’t underestimate {Biden] …. They give [Biden] a big fat shot in the ass, and he comes out, and for two hours, he’s better than ever before.”
For the record, Biden’s longtime advisers and observers note that he doesn’t even drink alcohol.
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