Appeals Court Rules in Favor of Democrat Effort to Obtain Trump Tax Returns
The Democrat effort to obtain six years of former President Donald Trump’s tax returns has a legitimate legislative purpose that is not clearly unconstitutional, a federal appeals court ruled on Aug. 9.
Trump and his lawyers have said that the request, from Rep. Richard Neal (D-Mass.), exceeds the investigative powers of Congress. The appeals court panel found that the request “articulates a clear legislative purpose on a matter which legislation could be had,” the Presidential Audit Program, as well as possible legislation that would help IRS workers conducting the presidential audits.
“The Chairman has identified a legitimate legislative purpose that it requires information to accomplish. At this stage, it is not our place to delve deeper than this. The mere fact that individual members of Congress may have political motivations as well as legislative ones is of no moment,” the panel said in a 29-page ruling.
It also rejected arguments from Trump that the request violated separation of powers, or separation between the branches of the U.S. government, ruling that Trump “failed to demonstrate a burden that would outweigh the Committee’s need for the requested information.”
Neal’s request, first made in 2019 and re-submitted in 2021 after President Joe Biden took office, asks for six years of Trump’s returns, starting the year before Trump took office.
The U.S. Department of Treasury, citing a Department of Justice legal opinion, refused to comply with the initial request. But the Department of Justice reversed course in 2021, finding the new request was valid. The Treasury Department, which includes the IRS, then said it would comply.
Trump and others sued.
U.S. District Judge Trevor McFadden, a Trump appointee, turned down the suit, saying the intent to review the Presidential Audit Program was valid even as he acknowledged that public statements from Democrats indicate they will make
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