President Trump on Monday filed an emergency appeal with the US Supreme Court to block the Democrats on the House Ways and Means Committee from getting his tax returns.
Recall, just one day after the FBI raided Trump’s Florida residence, a court ruled that the former president’s tax returns must be released to the House Ways and Means Committee.
A panel for the US Court of Appeals for the District of Columbia ruled 3-0 in August, upholding a prior decision by a federal judge.
Trump took the legal battle to the Supreme Court on Monday.
Former President Donald Trump on Monday asked the Supreme Court to block a judge’s order that the IRS give years of his tax returns to the House Ways and Means Committee later this week.
The request to delay the execution of the judicial order pending a planned appeal came days after Trump lost an attempt to reverse the order at a federal appeals court.
“This case raises important questions about the separation of powers that will affect every future President,” Trump’s lawyers said in their emergency application to Chief Justice John Roberts. The chief justice has authority over such petitions from cases arising from the U.S. Court of Appeals for the District of Columbia Circuit.
Trump’s lawyers asked the court to act by Wednesday to delay an appeals court ruling that cleared the way for the IRS to deliver the tax returns on Thursday.
The delay would give Trump time to formally ask the high court to hear an appeal of the ruling. But the lawyers also said the Supreme Court could consider Monday’s filing itself a request to hear the case.
Last December US District Judge of the US District Court for the District of Columbia, Trevor McFadden, a Trump appointee, dismissed Trump’s case to keep the Treasury from giving his tax returns to the House Committee on Ways and Means.
Judge McFadden said even if Trump is right on the facts. he is wrong on the law.
“A long line of Supreme Court cases requires great deference to facially valid congressional inquiries. Even the special solicitude accorded former President does not alter the outcome. The Court will therefore dismiss the case,” the judge said in a 45-page memorandum.
Judge McFadden told House Ways and Means Committee Chair, Rep. Neal that it would not be wise to make Trump’ tax returns public.
“Anyone can see that publishing confidential tax information of a political rival is the type of move that will return to plague the inventor,” the judge wrote. “It might not be right or wise to publish the returns, but it is the Chairman’s right to do so. Congress has granted him this extraordinary power, and courts are loath to second guess congressional motives or duly enacted statutes. The Court will not do so here and thus must dismiss this case.”
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