Trump tax returns must be handed to Congress, court rules

A federal appeals court has approved the House Ways and Means Committee’s request to obtain former President Donald Trump‘s tax returns from the IRS.

The U.S. Court of Appeals for the District of Columbia Circuit’s 3-0 ruling marks a major blow for Trump’s efforts to shield these records after the former president argued for years in court litigation against releasing his tax return records to investigators. A Trump-appointed judge previously rejected the former president’s arguments for concealing the records in December.

TRUMP MOVES TO BLOCK EFFORT TO GET HIS TAX RETURNS AFTER DOJ GAVE GREEN LIGHT

Trump may still appeal the latest ruling because the court said the judgment would not be issued for seven days. The appeals court also argued that Trump did not succeed in presenting his claims that a former president’s records should not be turned over.

Richard Neal
FILE – In this May 9, 2019 file photo, House Ways and Means Committee Chairman Richard Neal, D-Mass., at a hearing on Capitol Hill in Washington.

Rather, Judge David Sentelle, who wrote the majority opinion, said the House committee Chairman Richard Neal (D-MA) was within the scope of the inquiry when he requested such records from the former president.

Neal had requested six years of Trump’s tax returns and those of eight Trump-associated businesses, including his Bedminster golf club, from the IRS in April 2019 under a law that allows disclosure of a person’s returns to a committee.

“In this case, the need for the Trump Parties’ information to inform potential legislation overrides the burden to the Executive Branch largely because that burden is so tenuous,” Sentelle, an appointee of former President Ronald Reagan, wrote in the opinion.

Two other judges on the panel, Karen Henderson and Robert Wilkins, were appointed by former Presidents George H.W. Bush and Barack Obama, respectively.

The judges denied arguments by attorneys for Trump who claimed compliance with the law was unconstitutional and that the request would elevate separation of powers and First Amendment concerns.

“While it is possible that Congress may attempt to threaten the sitting President with an invasive request after leaving office, every President takes office knowing that he will be subject to the same laws as all other citizens upon leaving office,” the decision said. “This is a feature of our democratic republic, not a bug.”

Neal did not issue a statement Tuesday morning, though the committee tweeted Tuesday that “we expect to receive the requested tax returns and audit files immediately.”

Litigation over the pursuit of Trump’s tax records has occurred since 2019, while he was still president. The Justice Department signaled last July it was turning its position in favor of the committee obtaining the records.

“The committee’s case is very strong, and the law is on our side. I am glad that the Department of Justice agrees and that we can move forward,” Neal said on July 30, 2021.

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District Judge Trevor McFadden, Trump’s appointee, granted a request from the Justice Department and the House to dismiss the case, which prompted Trump’s appeal to the D.C. Circuit.

The ruling from the court comes a day after Trump’s Mar-a-Lago home in Florida was raided by the FBI.

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