(Photo by Jabin Botsford/The Washington Post via Getty Images)
US District Judge Trevor McFadden agreed this afternoon to stay his order that the IRS produce Trump’s tax returns to the House Ways and Means Committee pending appeal to the DC Circuit.
Last week, the court issued a pellucid opinion eviscerating the former president’s efforts to use executive privilege to protect his personal tax information after leaving office.
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The case arose from a demand in 2019 by Rep. Richie Neal that the IRS produce Trump’s tax returns under a statute which allows the House Ways and Means Chair to request any payer’s return. The statute is non-discretionary, but nonetheless, Treasury Secretary Mnuchin took it upon himself to assess Neal’s motives, and found them lacking. He refused to turn over the returns, and the Committee sued.
Trump continued to press his claims after leaving office. But last week Judge McFadden, a Trump appointee, ruled that the law is clear that the Committee is entitled to the documents, irrespective of the protestations of some guy on a golf cart in Florida. He dismissed the suit, but stayed his own order for 14 days, to allow for an appeal.
Trump immediately took his case to the DC Circuit and this afternoon he requested a stay. The Ways and Means Committee took no position, although the motion specified that the parties had agreed to a highly expedited briefing schedule. The appeals panel has not yet been designated.
Shortly after, Judge McFadden signed the order. So there will be no tax returns in Richie Neal’s stocking. It remains to be seen if Santa will leave Judges Rao, Walker, and Katsas under his tree.
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COMMITTEE ON WAYS AND MEANS, UNITED STATES HOUSE OF REPRESENTATIVES v. UNITED STATES DEPARTMENT OF THE TREASURY (1:19-cv-01974) [Docket via Court Listener]
Liz Dye lives in Baltimore where she writes about law and politics.