It is tempting for critics of Donald Trump to react to the New York Times bombshell article by accusing Trump of tax evasion, which is a crime. And it’s equally tempting for his defenders to insist that all he did was use legal avoidance techniques, available to anyone. The truth likely lies somewhere in the middle. But the president’s sheer volume of legally dubious tax positions poses an insidious threat to the rule of law.
The Times was careful to not accuse Trump of tax evasion. Proving criminal tax fraud, the kind that took down Al Capone, is extremely difficult. But respect for the rule of law is more than simply avoiding criminal behavior. It means abiding by our societal responsibilities without trying to game the system.
The Times documents numerous questionable positions, ranging