DC Circuit Judges Rao, Millett and Tatel Will Hear Trump Subpoena Case July 12
The hearing will mark the first time an appellate panel will scrutinize a subpoena seeking Trump-related financial records.
May 23, 2019 at 03:29 PM
4 minute read
D.C. Circuit Judges Sri Srinivasan, left, and David Tatel confer. (Photo by Diego M. Radzinschi)
A Washington federal appeals panel will hear argument July 12 in the fight over a congressional subpoena that seeks financial records from the president's longtime accounting firm.
The U.S. Court of Appeals for the D.C. Circuit issued an order in the case on Thursday. Judges Patricia Millett, David Tatel and Neomi Rao will hear the dispute.
Lawyers for Donald Trump and the U.S. House of Representatives on Wednesday had asked the appeals court to expedite its review of the subpoena. Under this arrangement, the House agreed to pause its demand for the production of documents from Trump's accountant.
The hearing, which the court will broadcast through a live-stream online, as it does with all of its arguments, will mark the first time an appellate panel will have a chance to scrutinize a subpoena seeking Trump-related financial records. The judges set a briefing schedule that ends on July 9.
The three-judge panel—Tatel, Millett and Rao—represent appointees across three presidential administrations. Rao joined the court a few weeks ago from the Office of Information and Regulatory Affairs, a key regulatory agency; Millett was an appellate partner at Akin Gump Strauss Hauer & Feld when Barack Obama appointed her in 2013; and Tatel has served on the court since 1994.
Tatel and Millett are fairly active on the bench, peppering lawyers who appear before them. The July hearing will be Rao's fourth as a D.C. Circuit judge. She made her debut on the bench on May 3, presiding over, among other cases, an environmental regulatory dispute.
Neomi Rao testifies at her confirmation hearing in February 2019. Photo: Diego M. Radzinschi/ALMU.S. District Judge Amit Mehta of the District of Columbia on Monday ruled Trump and his businesses have no lawful ground to block the House Oversight Committee subpoena that was served on the accounting firm Mazars USA LLP. Mazars, represented by a team from Blank Rome, has not taken a position on the demand for records.
“Courts have grappled for more than a century with the question of the scope of Congress's investigative power,” Mehta said in his ruling. “The binding principle that emerges from these judicial decisions is that courts must presume Congress is acting in furtherance of its constitutional responsibility to legislate and must defer to congressional judgments about what Congress needs to carry out that purpose.”
A similar fight over Trump's financial information is unfolding in New York. Trump's attorneys had asked a New York federal court to block a House Oversight Committee subpoena seeking records from Deutsche Bank and Capital One. U.S. District Judge Edgardo Ramos of the Southern District of New York, heard arguments Wednesday afternoon and ruled against Trump. Ramos, like Mehta, also denied to stay enforcement of the subpoena pending Trump's appeal.
Trump is being represented by attorneys at Consovoy McCarthy Park. The firm Michael Best & Friedrich represents The Trump Organization and the president's other business entities.
Read more:
2 Supreme Court Rulings Played Key Role in Subpoena Order Against Trump
DC Circuit Is Urged to Fast-Track Trump's Subpoena Appeal
US Judge Backs House Subpoena for Trump Financial Records
Neomi Rao's DC Circuit Debut Features EPA Regulatory Fight
Millett, Who Backed Teen's Abortion Right, Finds Role Model in Justice Ginsburg
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