Justice Dept. Lines Up Against House Democrats in Trump Subpoena Case
The U.S. Court of Appeals for the D.C. Circuit last month invited the Justice Department to express its views in the case, one of several pending actions that confront the president's continued to push to keep his financial records secret.
August 06, 2019 at 03:40 PM
5 minute read
The U.S. Justice Department on Tuesday lined up against House Democrats in their pursuit of financial records from President Donald Trump’s accounting firm Mazars USA, contending lawmakers had only presented a “scattershot” of legislative interest in the documents.
The government argued in a friend-of-the-court brief in a Washington federal appeals court that House Democrats had not “clearly” stated why they need or want the records. The subpoena was issued in April by the House Oversight Committee, which asserted that is has “full authority to investigate whether the president may have engaged in illegal conduct before and his tenure in office.”
“It is imperative that the House—or at the very least the committee—provide a clearer and more particular statement of the potential legislative measures for which the subpoenaed materials are pertinent and necessary,” Justice Department lawyer Gerard Sinzdak of the civil division wrote in the filing.
The U.S. Court of Appeals for the D.C. Circuit last month invited the Justice Department to express its views in the case, one of several pending actions that confront the president’s continued push to keep his financial records secret. The government is not a party in the case, which tests the oversight and investigative powers of Congress.
Two of the three D.C. Circuit judges who heard arguments in the case last month expressed some skepticism that Trump can block House Democrats from enforcing the subpoena against Mazars. House lawyers contend the president, breaking norms by refusing to publicly disclose his tax returns, has only himself to blame for his predicament.
The Justice Department’s absence in the Mazars case drew some questions last month from one of the panel judges, Neomi Rao, a Trump appointee who had earlier led the Office of Information and Regulatory Affairs.
Rao noted that many of the arguments from William Consovoy, the lead attorney for Trump, “relate to the unique constitutional status of the office of the presidency” and the “infringement on his authority.”
“Why is the Justice Department not participating to protect the office of the president, if that’s the primary basis of your argument?” Rao asked during one exchange.
Consovoy said “naturally” the president’s personal lawyer would advocate in a case involving Trump’s accounting firm. He said he did not know why DOJ was not involved. “I can only speak for my participation and not others,” he said.
The Justice Department is defending Trump in various suits that allege his continued earning of profits from his business entities—including his hotel in downtown Washington—is violating the U.S. constitution’s emoluments clauses. Those provisions prohibit any president from receiving certain gifts and royalties, measures adopted at the time of the country’s founding to provide a check against undue outside influence of the presidency.
Separately, Justice Department lawyers have made appearances in a House lawsuit in Washington that contends the U.S. Treasury Department and the IRS are unlawfully withholding Trump’s federal tax returns from the House Ways and Means Committee. Consovoy has entered an appearance in that case on behalf of Trump.
“A congressional demand for the president’s personal records raises the specter that members of the legislative branch are impermissibly attempting to interfere with or harass the head of the executive branch, or at least that the subpoena will have that effect, especially given the possibility of a multitude of such subpoenas,” Sinzdak wrote in Tuesday’s filing.
In May, U.S. District Judge Amit Mehta of the District of Columbia upheld the Mazars subpoena as a lawful action.
“To be sure, there are limits on Congress’s investigative authority. But those limits do not substantially constrain Congress. So long as Congress investigates on a subject matter on which ‘legislation could be had,’ Congress acts as contemplated by Article I of the Constitution,” Mehta wrote.
The Mazars case in the D.C. Circuit is one of two pending actions in which House Democrats are seeking financial information from entities in Trump’s orbit.
Trump’s lawyers unsuccessfully tried to quash a subpoena seeking information from his longtime lender Deutsche Bank.
In the appeal, a panel of judges on the Second Circuit invited the Justice Department to express its views by Aug. 19. The appeals court will hear arguments Aug. 23.
The Justice Department’s new D.C. Circuit brief is posted below:
Read more:
This content has been archived. It is available through our partners, LexisNexis® and Bloomberg Law.
To view this content, please continue to their sites.
Not a Lexis Subscriber?
Subscribe Now
Not a Bloomberg Law Subscriber?
Subscribe Now
NOT FOR REPRINT
© 2024 ALM Global, LLC, All Rights Reserved. Request academic re-use from www.copyright.com. All other uses, submit a request to [email protected]. For more information visit Asset & Logo Licensing.
You Might Like
View AllBankruptcy Filings Surged in First Half of 2024 Amid Uptick in Big Chapter 11 Cases
3 minute readTrump Financial Statements From 2011 to 2020 'Should No Longer Be Relied Upon,' Accountant's GC Says
Bonuses and Beyond: Law Firms Wrap Up Lucrative Year With Record-High Rewards
Trending Stories
Who Got The Work
Michael G. Bongiorno, Andrew Scott Dulberg and Elizabeth E. Driscoll from Wilmer Cutler Pickering Hale and Dorr have stepped in to represent Symbotic Inc., an A.I.-enabled technology platform that focuses on increasing supply chain efficiency, and other defendants in a pending shareholder derivative lawsuit. The case, filed Oct. 2 in Massachusetts District Court by the Brown Law Firm on behalf of Stephen Austen, accuses certain officers and directors of misleading investors in regard to Symbotic's potential for margin growth by failing to disclose that the company was not equipped to timely deploy its systems or manage expenses through project delays. The case, assigned to U.S. District Judge Nathaniel M. Gorton, is 1:24-cv-12522, Austen v. Cohen et al.
Who Got The Work
Edmund Polubinski and Marie Killmond of Davis Polk & Wardwell have entered appearances for data platform software development company MongoDB and other defendants in a pending shareholder derivative lawsuit. The action, filed Oct. 7 in New York Southern District Court by the Brown Law Firm, accuses the company's directors and/or officers of falsely expressing confidence in the company’s restructuring of its sales incentive plan and downplaying the severity of decreases in its upfront commitments. The case is 1:24-cv-07594, Roy v. Ittycheria et al.
Who Got The Work
Amy O. Bruchs and Kurt F. Ellison of Michael Best & Friedrich have entered appearances for Epic Systems Corp. in a pending employment discrimination lawsuit. The suit was filed Sept. 7 in Wisconsin Western District Court by Levine Eisberner LLC and Siri & Glimstad on behalf of a project manager who claims that he was wrongfully terminated after applying for a religious exemption to the defendant's COVID-19 vaccine mandate. The case, assigned to U.S. Magistrate Judge Anita Marie Boor, is 3:24-cv-00630, Secker, Nathan v. Epic Systems Corporation.
Who Got The Work
David X. Sullivan, Thomas J. Finn and Gregory A. Hall from McCarter & English have entered appearances for Sunrun Installation Services in a pending civil rights lawsuit. The complaint was filed Sept. 4 in Connecticut District Court by attorney Robert M. Berke on behalf of former employee George Edward Steins, who was arrested and charged with employing an unregistered home improvement salesperson. The complaint alleges that had Sunrun informed the Connecticut Department of Consumer Protection that the plaintiff's employment had ended in 2017 and that he no longer held Sunrun's home improvement contractor license, he would not have been hit with charges, which were dismissed in May 2024. The case, assigned to U.S. District Judge Jeffrey A. Meyer, is 3:24-cv-01423, Steins v. Sunrun, Inc. et al.
Who Got The Work
Greenberg Traurig shareholder Joshua L. Raskin has entered an appearance for boohoo.com UK Ltd. in a pending patent infringement lawsuit. The suit, filed Sept. 3 in Texas Eastern District Court by Rozier Hardt McDonough on behalf of Alto Dynamics, asserts five patents related to an online shopping platform. The case, assigned to U.S. District Judge Rodney Gilstrap, is 2:24-cv-00719, Alto Dynamics, LLC v. boohoo.com UK Limited.
Featured Firms
Law Offices of Gary Martin Hays & Associates, P.C.
(470) 294-1674
Law Offices of Mark E. Salomone
(857) 444-6468
Smith & Hassler
(713) 739-1250