Episode Details

The reason is basic contract law. The underlying document is a settlement agreement in Trump versus IRS, signed in May by the Trump plaintiffs, the Department of Justice, and the IRS commissioner. Section eight of that agreement states it may be modified only with the written agreement of all parties. The two documents Blanche released today rescind a related DOJ order, but one is unsigned entirely and the other carries only Blanche's signature, not the Trump attorneys or the IRS. Under the four corners of the contract, Hawk argues, neither touches the settlement, which remains fully enforceable.

His conclusion is pointed. Because the settlement is intact, Hawk contends Trump could sue the government to compel the fund the day after Blanche is confirmed and would win. He credits MSNBC's Ken Dilanian and CNN's Elie Honig as the only two commentators he saw get it right, and argues Cornyn and Tillis are advancing the nomination on the strength of paperwork that carries no legal weight.

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