Lawsuit Against Trump Delayed While Similar Dispute Pending

March 23, 2020 by Tom Ramstack
Lawsuit Against Trump Delayed While Similar Dispute Pending
The E. Barrett Prettyman Federal Courthouse in Washington, D.C. It currently houses the United States District Court for the District of Columbia, the United States Court of Appeals for the District of Columbia Circuit, and the United States Foreign Intelligence Surveillance Court. (Photo by Dan McCue)

WASHINGTON – A federal judge put a lawsuit by Congress against President Donald Trump on hold Friday until other legal action against the White House is resolved.

The lawsuit filed by congressional Democrats seeks six years of Trump’s federal tax records.

The subpoena they want enforced is supposed to uncover any potential fraud or deceit in the president’s tax returns and business dealings.

First, another lawsuit against former White House counsel Donald McGahn must be resolved, according to the ruling by U.S. District Judge Trevor N. McFadden.

At the direction of the White House, McGahn has refused to testify to the House of Representatives about his knowledge of Russian influence that might have helped Trump’s 2016 presidential campaign.

Congress obtained a subpoena to force McGahn’s testimony but the Trump administration resisted, leading to an appeal that is pending before the U.S. Circuit Court of Appeals for the D.C. Circuit.

McFadden said the similarity of the lawsuits means they must be resolved by a single court and ruling to ensure consistency. “Piecemeal litigation would be an inefficient use of resources,” McFadden wrote.

Both lawsuits deal with tough issues of the courts’ authority to decide political policy disputes between Congress and the presidency, according to McFadden.

So far, questions of whether Congress can use courts to enforce subpoenas “is unsettled for now,” he said.

McFadden negotiated with attorneys for the House Ways and Means Committee about dropping their request for court-ordered subpoena enforcement and instead seeking Trump’s tax returns under administrative rules.

They refused, saying in a court filing they wanted enforcement of the subpoena and tax code administrative rules.

The Ways and Means Committee’s refusal prompted McFadden to issue the stay.

The U.S. District Court “will await further proceedings in McGahn” by the appellate court before making any decisions in the tax case, McFadden wrote.

The Trump administration has filed a motion to dismiss both lawsuits. So far, they have won in lower court rulings.

Last month, a federal court issued an opinion saying the House Democrats lack standing to enforce a subpoena that orders McGahn to testify to Congress. Standing means a party to a lawsuit has a stake in the outcome and will suffer harm without court intervention.

The dispute led to a Senate Finance Committee hearing last month where Treasury Secretary Steven Mnuchin denied he was showing favoritism toward Republican interests.

He said federal privacy laws make it illegal for him to publicly release the president’s tax returns.

“It seems that Democrats’ requests get shoved in the back of a filing cabinet while somehow Republican requests get the red-carpet treatment,” Sen. Ron Wyden, an Oregon Democrat, said during the Senate Finance Committee hearing.

He added, “Mr. Secretary, you are stonewalling about stonewalling.”

Mnuchin replied, “That’s really not fair at all.”

A+
a-
  • Donald Trump
  • lawsuit
  • Trevor McFadden
  • In The News

    Health

    Voting

    Law

    December 4, 2023
    by Dan McCue
    Former Ohio Utilities Chairman Indicted in Bribery Scandal

    CINCINNATI — A federal grand jury has charged the former chairman of the Public Utilities Commission of Ohio with taking... Read More

    CINCINNATI — A federal grand jury has charged the former chairman of the Public Utilities Commission of Ohio with taking $4.3 million in bribes from one of the nation's largest investor-owned utility companies. Sam Randazzo surrendered at the federal court in Cincinnati on Monday after being... Read More

    AP Exclusive: America's Black Attorneys General Talk Race, Politics and Justice System

    BOSTON (AP) — The American legal system is facing a crisis of trust in communities around the country, with people... Read More

    BOSTON (AP) — The American legal system is facing a crisis of trust in communities around the country, with people of all races and across the political spectrum. For many, recent protests against police brutality called attention to longstanding discrepancies in the administration of justice. For others, criticism... Read More

    November 30, 2023
    by Dan McCue
    New York Appellate Court Reinstates Trump Gag Orders

    NEW YORK — A New York appeals court panel on Thursday reinstated a pair of gag orders issued in Donald... Read More

    NEW YORK — A New York appeals court panel on Thursday reinstated a pair of gag orders issued in Donald Trump’s civil fraud trial that barred the former president from speaking publicly about the judge’s court staff. The two-page decision by the New York State Supreme... Read More

    November 22, 2023
    by Tom Ramstack
    Appeals Court Restricts Right to Sue Under the Voting Rights Act

    ST. LOUIS — A federal appeals court ruling this week limits the authority for lawsuits to enforce the Voting Rights... Read More

    ST. LOUIS — A federal appeals court ruling this week limits the authority for lawsuits to enforce the Voting Rights Act to government agencies. The ruling by the 8th Circuit Court of Appeals means individuals and civil rights advocates can no longer sue to protect voting... Read More

    November 21, 2023
    by Dan McCue
    4th Circuit Tosses Maryland’s Handgun Licensing Requirement

    RICHMOND, Va. — A federal appeals court ruled Tuesday that Maryland’s preliminary handgun-licensure requirement is unconstitutional and cannot be enforced.... Read More

    RICHMOND, Va. — A federal appeals court ruled Tuesday that Maryland’s preliminary handgun-licensure requirement is unconstitutional and cannot be enforced. In its ruling, a divided 4th Circuit held that the requirement unlawfully restricts the ability of law-abiding adults to possess guns. Passed in 2016, Maryland’s Handgun... Read More

    November 20, 2023
    by Tom Ramstack
    Appeals Court Considers Lifting Gag Order Against Trump

    WASHINGTON — Federal appeals judges in Washington, D.C., seemed skeptical Monday about arguments by attorneys for Donald Trump that a... Read More

    WASHINGTON — Federal appeals judges in Washington, D.C., seemed skeptical Monday about arguments by attorneys for Donald Trump that a gag order should be withdrawn to allow him to criticize court personnel in his election interference case. Trump has used phrases like “corrupt,” “deranged” and “red... Read More

    News From The Well
    scroll top