, 11 tweets, 3 min read
TODAY Trump sues to block House Democrats from getting his New York tax returns, claiming presidential harassment. NY AG Letitia James fires back that Trump "has spent his career hiding behind lawsuits, but ... no one is above the law." wapo.st/2SAczTE
NEW U.S. District Judge Trevor McFadden of DC has handed off President Trump's lawsuit to shield his NY state tax returns from congressional Democrats, saying it is unrelated to a House Ways and Means lawsuit before him to enforce its subpoena for Trump's US IRS tax returns.
McFadden said the cases involve different returns, statutes, and in one case the House panel is the plaintiff and has issued subpoenas, and in the other the House panel is the defendant and has not made any request.
Without commenting on whether Trump's suit is ripe (because the committee has not made any request) McFadden said the Constitution's Speech or Debate clause, which bars Judiciary interference in matters within the “legislative sphere” could pose an obstacle to the Trump's case.
NOW McFadden memorandum and order out: "While the President insists that both cases will involve the Committee’s purpose in seeking the President’s tax returns, I am not so sure."
NEW U.S. District Judge Carl Nichols of D.C.gives U.S. House, NY state tax officials one day to reach terms to agree to letting Trump sue to block release of his state tax returns, if the House Ways and Means Committee requests them under New York's new TRUST Act.
Nichols said he could order a solution, such as delaying any release by the state until Trump could get to a court to block it, but was giving parties a first shot. NY said they might agree, but could condition it on the case being heard on New York, not D.C.
And House argues its investigative requests are absolutely immune from judicial review under the Constitution's 'speech or debate' clause. Nichols said he thought immunity only applies until after lawmakers show a request is related to a legitimate legislative action.
TODAY New York officials pledge not to release Trump's state tax returns if they are requested by House Ways and Means Committee, as long as U.S. District Judge Carl Nichols of DC considers dismissing or transferring Trump's lawsuit to a New York judge.
Nichols said he is inclined to accept the state's proposal, which could tie up the issue for about one month. The House committee has expressed no interest in Trump's state returns, but Trump has sought to make sure it can't get them before his lawsuit challenging NY law is heard
NOW President Trump’s move to shield his New York State tax returns from the House Ways and Means Committee secured an initial victory Thursday as a judge ordered state officials not to release his returns while he decides whether to hear a lawsuit filed by Trump.
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