Thread by @ZoeTillman

NOW: The DC federal judge now handling Trump's fight with House Dems and NY over access to his state tax returns won't rule yet on whether to grant Trump's emergency relief to stop Dems from requesting the docs – he just now ordered the parties to try to come to an agreement

Basically, the judge appeared reticent to issue an order when there are concerns about intruding on Congress's functions, but he was very concerned that absent at least an assurance the docs wouldn't be produced in the meantime, Dems and NY could make the case moot overnight

The parties were ordered to meet and confer to see if they could reach a voluntary agreement (such as, Dems and NY agree to preserve the status quo), and to file a status report by 6pm tomorrow that either reflects an agreement or explains that they couldn't reach one

In a reply brief today, Trump's counsel for the first time suggested the judge could enjoin NY from producing the docs, as opposed to an order enjoining Congress from acting. But NY said they may want to argue the DC court lacks jurisdiction over the state officials sued

The judge did suggest he's not sold on House Dems' argument that they're entitled to absolute immunity from being sued over requests for information. But absent the House actually making a request and seeing what it looks like, he said he couldn't make that determination now

The judge (Judge Carl Nichols), urged the parties to come up with an agreement that ensures Trump's claims don't become moot, that treads "lightly" given Congress's Speech and Debate Clause immunity argument, and that ensures the court doesn't rule on issues until they're ripe

Which is to say – see you all again at 6pm tomorrow

To be clear – there is no order right now blocking Dems from requesting Trump's state tax returns from NY. The judge only said he expected they wouldn't do so before the 6pm status report deadline tomorrow. So they risk really ticking off the judge, but technically they could

NOW: Lawyers for Trump, House Dems, and the state of NY filed a status report alerting the judge they are "unable to reach agreement" on how to proceed in the legal fight over whether Dems can invoke a NY law to get Trump's state tax returns assets.documentcloud.org/documents/6226…

Recall Trump wanted an order blocking Dems from requesting his NY tax returns while the case goes forward. Dems argue they're totally immune, so any order would be wrong. NY wants to contest the DC court's jurisdiction. The judge yesterday told them to try to work something out

In today's status report, the three parties indicate their positions basically haven't changed. Trump is proposing requiring House Dems or NY to give advance notice if they want to invoke the NY law and build in a delay to allow time for litigation

House Dems (the Ways and Means Committee) maintain that under the Constitution's Speech or Debate Clause they are immune and that SCOTUS and DC Circuit precedent back them up. They're okay with relief that doesn't involve them (aka perhaps an injunction against NY)

This appears to be the most significant part: NY wants to first contest the DC court's jurisidiction, BUT, in what appears to be a potential concession, they say they'll agree to delay acting on any request by House Dems for Trump's state tax returns until the judge rules

NY's proposal would mean House Dems could still *ask* for Trump's state tax returns (they haven't done that yet), but NY state officials would delay *acting* on that request until after their threshhold issues re: jurisidiction and venue are litigated