A federal judge agreed today to give House Democrats a week to decide how they want to proceed in their lawsuit for President Trump’s tax returns
A federal judge agreed today to give Democrats a week to decide how they want to proceed in their lawsuit for President Donald Trump’s tax returns, in the wake of a recent ruling in a similar case that lawmakers don’t have the power to sue the executive branch.
At a hearing, District Judge Trevor McFadden said that decision was a significant problem for Democrats’ tax-return case, though he stopped short of suggesting it is fatal, as he agreed to their pleas for more time.Democrats said they intend to appeal as soon as Friday a decision by a panel of appeals court judges last week that Democrats don’t have the right to sue to try to force former White House counsel Don McGahn to testify before Congress.
Lawyers for the House also said they want a chance to prepare arguments about why Ways and Means Chairman Richard Neal’s suit for Trump's returns is different from the McGahn case — essentially that, in Neal's case, there is a specific statute giving him the authority to request anyone’s confidential tax information.to dismiss Neal’s suit, though they said they did not object to giving Democrats more time.
McFadden sounded skeptical that Democrats can still sue for the president’s filings after the McGahn decision but said he was open to hearing arguments the case should still be allowed to proceed by instead emphasizing the statute allowing Neal access to Trump’s returns upon demand. The judge asked the two sides to file a statement with the court explaining how they want to proceed, and what they envision in terms of scheduling the next steps in the case.
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