Trump's Lawyers Mount New Effort to Keep DC Judge on Tax Returns Lawsuit
The president's attorneys highlighted New York state officials’ ties to Washington, D.C., in a bid to keep the case before District Judge Carl Nichols, a Trump appointee.
August 19, 2019 at 09:48 PM
5 minute read
President Donald Trump’s lawyers are taking another shot at stopping House Democrats from getting his New York state tax returns, with an eye on keeping the fight in a D.C. federal court.
Trump’s attorneys from Consovoy McCarthy highlighted New York officials’ ties to Washington, D.C., in an amended complaint filed in the U.S. District Court for the District of Columbia on Monday as they seek to block the Democratic-controlled House Ways & Means Committee from obtaining the president’s state tax returns under a recently passed New York law.
District Judge Carl Nichols ruled earlier this month that the president’s lawyers could amend their complaint after New York officials argued that the case should be dismissed because it’s better suited to play out in federal court in their state. Nichols, a Trump appointee from Wilmer Cutler Pickering Hale and Dorr, was confirmed to the bench in May.
District Judge Trevor McFadden spurned the president’s attempt to put the case in his court last month. McFadden is presiding over a case the House filed against the Treasury Department and IRS, and Trump’s lawyers had designated the New York tax lawsuit as “related” to the pending one.
At issue is the newly passed TRUST Act, which allows the chair of the House Ways and Means Committee—as well as other tax-related congressional committees—to request officials’ tax returns from New York tax authorities.
The president’s lawyers have previously argued the law illegally targets Trump and that the Committee “lacks a legitimate legislative purpose” for using the state law.
The amended complaint expands upon the jurisdiction arguments, stating that D.C. “is where the TRUST Act is aimed and where the president’s injury and virtually all of the relevant conduct will occur.”
“For example, the committee will request the president’s tax returns here, New York will send the returns here, the committee will review the returns here, the committee will hold hearings (including testimony from New York officials) about the returns here, the committee will use the returns to draft and consider legislation here, and the committee will decide whether and how to disclose the returns here,” the complaint said.
The complaint adds Andrew Grossman, the chief tax counsel of the House Committee on Ways and Means, as a defendant.
It also amplifies the ties between the existing defendants and D.C. For example, the complaint now notes that Michael Schmidt, commissioner of the New York State Department of Taxation and Finance, lived in the district from 2011 to 2012 while working as a policy analyst for the Treasury Department.
The complaint also says that Schmidt is a Democrat and that he was an economic policy adviser on Hillary Clinton’s 2016 presidential campaign.
The filing similarly draws a deeper connection between New York Attorney General Letitia James and D.C., pointing to her involvement in several ongoing court cases in the district’s trial court. It also highlights recent appearances she has made in D.C., including an April lecture at Howard University, where James attended law school.
“She has also made substantial campaign expenditures in the District and solicited and received campaign contributions from donors within the District,” the complaint reads.
A spokesperson for the James’ office said last week, when parties in the case asked permission for the president’s lawyers to filed an amended complaint, that they anticipated the new version of the complaint to address those jurisdiction issues. The New York office believed that the jurisdiction arguments made in the initial filing weren’t strong enough to win in court, the spokesperson said at the time.
That spokesperson said Monday that the state attorney general’s office anticipates that their motion to dismiss for lack of jurisdiction will still stand up, despite the new arguments presented by the president’s team.
Trump attorney William Consovoy did not immediately return a request for comment.
Trump’s attorneys are also changing up what they want from the court. They are now seeking an order that will effectively require that the president be notified if Democrats request his state tax returns or if the New York authorities are preparing to provide lawmakers with the documents, and give them an opportunity to intervene in court first.
Whether the state tax returns case will remain in D.C. will be up to Nichols, who is currently being briefed on the jurisdiction issue. The New York defendants are scheduled to file a new motion to dismiss by next Thursday, and a hearing is set for Nichols’ courtroom on Sept. 18.
The Committee on Ways and Means has also filed a federal lawsuit in D.C. seeking to obtain Trump’s federal tax returns. Trump declined to release the documents during his 2016 presidential campaign, bucking decades of precedent.
The president’s lawyers initially asked that the state tax returns case be considered related to the lawsuit over the federal returns. But McFadden, who is overseeing the federal returns case, ruled otherwise, and Nichols was tasked with the lawsuit.
Read the amended complaint:
Read more:
Judge Carl Nichols Is Assigned to Trump’s Bid to Keep NY Tax Returns Secret
Who Is Trevor McFadden? Meet the Judge Assigned the Trump Tax Returns Case
New York Is Barred, for Now, From Handing Over Trump’s State Tax Returns
Trump’s Now Suing on Both Coasts to Keep His Tax Returns Secret
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
© 2025 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 AllTrump Administration Faces Legal Challenge Over EO Impacting Federal Workers
3 minute readUS Judge Cannon Blocks DOJ From Releasing Final Report in Trump Documents Probe
3 minute readPrivate Equity Giant KKR Refiles SDNY Countersuit in DOJ Premerger Filing Row
3 minute readTrending Stories
- 1The Gold Standard: Remembering Judge Jeffrey Alker Meyer
- 2NJ Supreme Court Clarifies Affidavit of Merit Requirement for Doctor With Dual Specialties
- 3Whether to Choose State or Federal Court in a Case Involving a Franchise?
- 4Am Law 200 Firms Announce Wave of D.C. Hires in White-Collar, Antitrust, Litigation Practices
- 5K&L Gates Files String of Suits Against Electronics Manufacturer's Competitors, Brightness Misrepresentations
Who Got The Work
J. Brugh Lower of Gibbons has entered an appearance for industrial equipment supplier Devco Corporation in a pending trademark infringement lawsuit. The suit, accusing the defendant of selling knock-off Graco products, was filed Dec. 18 in New Jersey District Court by Rivkin Radler on behalf of Graco Inc. and Graco Minnesota. The case, assigned to U.S. District Judge Zahid N. Quraishi, is 3:24-cv-11294, Graco Inc. et al v. Devco Corporation.
Who Got The Work
Rebecca Maller-Stein and Kent A. Yalowitz of Arnold & Porter Kaye Scholer have entered their appearances for Hanaco Venture Capital and its executives, Lior Prosor and David Frankel, in a pending securities lawsuit. The action, filed on Dec. 24 in New York Southern District Court by Zell, Aron & Co. on behalf of Goldeneye Advisors, accuses the defendants of negligently and fraudulently managing the plaintiff's $1 million investment. The case, assigned to U.S. District Judge Vernon S. Broderick, is 1:24-cv-09918, Goldeneye Advisors, LLC v. Hanaco Venture Capital, Ltd. et al.
Who Got The Work
Attorneys from A&O Shearman has stepped in as defense counsel for Toronto-Dominion Bank and other defendants in a pending securities class action. The suit, filed Dec. 11 in New York Southern District Court by Bleichmar Fonti & Auld, accuses the defendants of concealing the bank's 'pervasive' deficiencies in regards to its compliance with the Bank Secrecy Act and the quality of its anti-money laundering controls. The case, assigned to U.S. District Judge Arun Subramanian, is 1:24-cv-09445, Gonzalez v. The Toronto-Dominion Bank et al.
Who Got The Work
Crown Castle International, a Pennsylvania company providing shared communications infrastructure, has turned to Luke D. Wolf of Gordon Rees Scully Mansukhani to fend off a pending breach-of-contract lawsuit. The court action, filed Nov. 25 in Michigan Eastern District Court by Hooper Hathaway PC on behalf of The Town Residences LLC, accuses Crown Castle of failing to transfer approximately $30,000 in utility payments from T-Mobile in breach of a roof-top lease and assignment agreement. The case, assigned to U.S. District Judge Susan K. Declercq, is 2:24-cv-13131, The Town Residences LLC v. T-Mobile US, Inc. et al.
Who Got The Work
Wilfred P. Coronato and Daniel M. Schwartz of McCarter & English have stepped in as defense counsel to Electrolux Home Products Inc. in a pending product liability lawsuit. The court action, filed Nov. 26 in New York Eastern District Court by Poulos Lopiccolo PC and Nagel Rice LLP on behalf of David Stern, alleges that the defendant's refrigerators’ drawers and shelving repeatedly break and fall apart within months after purchase. The case, assigned to U.S. District Judge Joan M. Azrack, is 2:24-cv-08204, Stern v. Electrolux Home Products, Inc.
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