Judge orders briefing on whether Trump’s $10 billion lawsuit against the IRS can proceed
The Facts
- U.S. District Judge Kathleen Williams questioned whether Donald Trump’s $10 billion lawsuit against the IRS and Treasury Department can proceed in federal court.
- The judge said it is unclear whether Trump and the government entities he sued are sufficiently adverse to satisfy the Constitution’s case-or-controversy requirement.
- Williams noted that although Trump says he is suing in his personal capacity, he is the sitting president and the agencies he sued are subject to his direction.
- The judge ordered Trump’s lawyers and the Justice Department to justify why the case should proceed, making the lawsuit’s basic legal footing the immediate issue before the court.
- The order followed a request to delay the case while the parties discussed a possible settlement, and the judge denied that request.
- Trump filed the lawsuit in January along with Eric Trump, Donald Trump Jr., and the Trump Organization, seeking $10 billion over alleged leaks of tax-return information.
- The unresolved question is whether a sitting president can maintain a lawsuit against federal agencies he oversees; the judge has required further briefing and set additional proceedings to address that issue.
Context
Why is the judge questioning the case now?
Judge Kathleen Williams said federal courts can only hear actual disputes between adverse parties, and she questioned whether that standard is met when Trump is suing agencies whose decisions are subject to his direction as president Newsweek,NBC News,Local3News.com.
What is Trump’s lawsuit about?
The suit seeks $10 billion from the IRS and Treasury Department over alleged unauthorized disclosure of Trump tax-return information; several reports say Trump filed it in January with Eric Trump, Donald Trump Jr., and the Trump Organization Malay Mail,Free Malaysia Today,News International.
What happens next in the case?
The court has required Trump’s lawyers and the Justice Department to explain why the lawsuit should be allowed to continue, and reports say the judge set deadlines and a hearing to address that threshold jurisdictional question Bloomberg Business,Malay Mail,El-Balad.com.
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