President Trump, along with his sons Donald Trump Jr. and Eric Trump, filed the lawsuit in January, claiming that the Internal Revenue Service failed to protect his and the Trump Organization’s confidential tax information, which was leaked to the media by former IRS contractor Charles Littlejohn.
A federal judge has expressed skepticism of Donald Trump’s $10 billion lawsuit against the Internal Revenue Service, questioning whether the president can sue the federal agencies he’s entrusted with overseeing.
According to CNN, Florida District Judge Kathleen M. Williams said that it’s currently unclear if Trump and the agencies he’s suing are “sufficiently adverse to each other,” ordering that both sides provide more information on the nature of their relationship.
“Although President Trump avers that he is bringing this lawsuit in his personal capacity, he is the sitting president and his named adversaries are entities whose decisions are subject to his direction,” Williams wrote. “It is unclear to this Court whether the Parties are sufficiently adverse to each other so as to satisfy the case or controversy requirement [of the U.S. Constitution].”
The judge also noted that Trump has routinely sought to expand executive power, citing the example of an executive order that bars the president’s employees from sharing legal opinions that contradict the commander-in-chief’s “opinion on a matter of law.”
“One such employee of the executive branch, the Attorney General, has a statutory obligation to defend the IRS when it is hailed into court, but then is ostensibly required by executive mandate to adhere to the President’s opinion on a matter of law in such a case,” Williams said. “This raises questions over whether the Parties here are truly antagonistic to each other.”
President Trump, along with his sons Donald Trump Jr. and Eric Trump, filed the lawsuit in January, claiming that the Internal Revenue Service failed to protect his and the Trump Organization’s confidential tax information, which was leaked to the media by former IRS contractor Charles Littlejohn.
Littlejohn was later sentenced to five years in prison for the leak.
Since announcing the lawsuit, Trump has repeatedly commented on the optics of a sitting president suing a federal agency—a fact that was not lost on Williams, who wrote that the president appears to appreciate “the unique dynamic of this litigation.” In a January trip aboard Air Force One, for instance, Trump told reporters that “it’s very interesting” to be on both sides of a lawsuit. Trump further said that, if he wins his claim against the IRS or any other of the other federal agencies he’s suing, he’ll likely donate the money to charities of his choosing.
“We could make it a substantial amount,” he said. “Nobody would care because it’s going to go to numerous very good charities.”
In response to POLITICO’s request for comment on the hearing, a White House spokesperson avoided addressing Williams’ specific concerns while lamenting a leak that led to some of Trump’s tax information being shared with the press.
“The IRS wrongly allowed a rogue, politically-motivated employee to leak private and confidential information about President Trump, his family, and the Trump Organization,” the White House said in a statement. “President Trump continues to hold those who wrong America and Americans accountable.”
Sources
Judge appears skeptical of Trump’s $10 billion lawsuit against IRS and Treasury
Judge orders Trump, DOJ to justify why president’s $10B IRS lawsuit should proceed
Judge signals trouble for Trump’s $10B lawsuit against the IRS
Join the conversation!