A U.S. district judge on Friday put a tamp on a House Democrat lawsuit seeking President Donald Trump’s tax records after a federal appeals court agreed to rehear a different case that raises similar legal questions.
U.S. District Judge Trevor McFadden issued the stay pending further instructions from the district court. The case involves a lawsuit filed by Democrats who head the House Ways and Means Committee seeking the president’s tax information while requesting that the IRS provide it.
After Treasury Secretary Steve Mnuchin refused to comply, the committee issued subpoenas to Treasury and the IRS.
McFadden had put the case on hold in January, saying then he would wait for the D.C. Circuit to act in a separate lawsuit over a House subpoena for testimony from former White House counsel Don McGhan.
The McGhan case raises similar questions about the enforcement of congressional subpoenas as well as whether the Judicial Branch via federal courts have the authority to decide disputes between the other two branches, the Legislative and Executive.
“The D.C. Circuit granted rehearing en banc in McGahn, so all the reasons for a stay still hold,” McFadden, a Trump appointee, wrote in his order. “The subpoena-enforcement issue is unsettled for now. And piecemeal litigation would be an inefficient use of resources.
“The Court will await further proceedings in McGahn before it acts on either the subpoena-enforcement claim or the § 6103(f) claims,” he added.
This article originally appeared at USA Features News and was republished with permission.
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Dean James at Right Wing Tribune