House Democrats object to giving Trump notice before seeking NY tax returns

House Democrats on Friday filed a motion objecting to President Trump’s request that they give him advance notice if they intend to request his New York state tax returns.

“Mr. Trump … makes an astounding request: that this Court enjoin the Committee Defendants by imposing a notice requirement on their decisionmaking process and halting the Committee from taking action to obtain information in pursuit of legislative ends,” the House’s lawyers wrote. “Undersigned counsel is not aware of any court ever issuing such an order against a Congressional committee or Member of Congress.” 

Trump filed a lawsuit over the summer, in his personal capacity, in an effort to block House Democrats from obtaining his state tax returns. The lawsuit was filed shortly after New York enacted a law that allows the chairmen of Congress’s tax committees to request public officials’ returns from the state’s department of taxation and finance.

On Monday, Judge Carl Nichols, a Trump appointee, dismissed two New York officials from the case. The New York officials had been ordered not to provide any requested Trump tax returns to the House until one week after Nichols ruled on their motion to dismiss.

Trump on Wednesday asked for relief to prevent the case against the remaining defendants — the House Ways and Means Committee, Committee Chairman Richard Neal (D-Mass.) and a committee aide — from becoming moot before it can be adjudicated. 

Trump asked for Nichols to either require the committee to inform him and the court at least 14 days in advance before requesting his New York returns, or require New York to give notice of a request and wait at least 14 days before complying with it.

The congressional defendants filed a motion to dismiss the case against them in October, and urged Nichols to grant it on Friday.

The House’s lawyers argued that Trump doesn’t have standing to bring this case because Trump isn’t currently suffering any harm and won’t ever suffer harm from the Ways and Means Committee requesting his state tax information. Instead, the House’s lawyers said, Trump’s lawyers have argued that the president would be injured if New York discloses the returns to the committee.

The House’s lawyers also argued that they are immune from the lawsuit under the Constitution’s speech or debate clause.

A hearing on Trump’s motion for relief is scheduled for Nov. 18 at 2 p.m.