Judges Trevor McFadden and Neomi Rao have so far done everything in their power to protect Trump from lawful subpoenas.
On Tuesday, Judge Trevor McFadden of the U.S. District Court for the District of Columbia issued a surprising order further delaying any potential release of President Donald Trump’s tax returns to the House Ways and Means Committee. McFadden, who was appointed by Trump to the federal bench, has had that committee’s subpoena of Trump’s tax returns before his court since July and has yet to issue a ruling.
Moreover, though the statutory language does not require the committee to offer a reason for a request, the committee argued that it plainly had a legitimate legislative purpose for requesting Trump’s tax returns. As Chairman Richard Neal has, the committee is considering legislation related to the nation’s tax laws, including “the extent to which the IRS can audit and enforce federal tax laws against a current or future president.
The district court rejected that motion, holding that the committee had failed to meet its burden to justify expedition, and suggesting that the court should not rush to decide the difficult legal questions presented in the case. The case was eventually argued on Nov. 6. It has now been more than two months since oral argument, more than six months since the case was first filed, and more than eight months since the subpoena was issued—yet McFadden still hasn’t issued a ruling.
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