Federal Judge Dismisses Lawsuit Brought by Trump to Stop House Democrats From Obtaining His New York State Tax Returns
Judge Carl J. Nichols of the U.S. District Court for the District of Columbia on Monday dismissed a lawsuit brought by President Trump to stop the House Ways and Means committee from using a New York state law to obtain his state tax returns.
Judge Nichols ruled that his DC court was not the proper jurisdiction to sue defendants in New York, leaving President Trump the option to file a lawsuit in the state of New York.
President Trump in July filed a lawsuit against New York’s Attorney General and the House Ways and Means Committee, chaired by Rep. Richard Neal (D-MA) to block the disclosure of his tax returns.
Trump’s lawyers argued that the Democrat-led House panel “lacks a legitimate legislative purpose” to use a recently passed New York state law to get Trump’s returns. They also claim that state law violated the president’s First Amendment rights, because it was enacted to “discriminate and retaliate against President Trump for his speech and politics,”
“We have filed a lawsuit today in our ongoing efforts to end Presidential harassment,” Jay Sekulow said in July in a statement. “The actions taken by the House and New York officials are nothing more than political retribution.”
There is currently no law requiring US presidents or presidential candidates release their tax returns, but Democrats are completely lawless in their pursuit to take down Trump.
The House Ways and Means Committee has been unsuccessful in obtaining Trump’s tax returns so Chairman Neal took a different route and is now attempting to invoke the recently passed TRUST Act to get Trump’s state tax returns from New York.
On Monday, federal judge Carl J. Nichols, a Trump-appointee, dismissed the President’s lawsuit without prejudice.
“Based on the current allegations, Mr. Trump has not met his burden of establishing personal jurisdiction over either of the New York Defendants,” Judge Nichols wrote in a 19-page memorandum opinion. “The Court therefore need not reach the question of proper venue. Accordingly, the New York Defendants’ Motion to Dismiss is GRANTED, and Mr. Trump’s Amended Complaint is DISMISSED without prejudice as to them.”
An Order will be entered contemporaneously with this Memorandum Opinion, the judge wrote.
President Trump is a fighter and will likely pursue this case in the state of New York.
Legal experts argue that House Democrats are unlikely to get Trump’s tax returns before the 2020 election.
BREAKING: A federal judge has dismissed a lawsuit brought by President Trump trying to stop the House Ways & Means Committee from using a New York law to get his state tax returns. Order is here: https://t.co/ZJIMLMIU6g Story TK from my @politico tax guru colleague @Brian_Faler pic.twitter.com/H5nCbI9TUk
— Darren Samuelsohn (@dsamuelsohn) November 11, 2019