NY AG Rebukes Trump Claim of Coordination With Congressional Democrats
In court papers filed in the U.S. District Court for the District of Columbia, the New York Attorney General's Office wrote that neither Trump, nor his attorneys, had any evidence to back up their theory.
September 13, 2019 at 11:11 PM
6 minute read
Lawyers for New York Attorney General Letitia James wrote Friday evening that claims from President Donald Trump's legal team alleging coordinating with Democrats in Congress to expose his financial information, including tax returns, were "preposterous."
In court papers filed in the U.S. District Court for the District of Columbia, the Attorney General's Office wrote that neither Trump, nor his attorneys, had any evidence to back up their theory.
"Bald speculation and conclusory statements are all Mr. Trump has to offer," the new filing said.
That was in response to claims levied by Trump's attorneys in a filing Monday, when they asked a federal judge to reject an effort by James to have litigation over a New York state law, which could allow Congress to see his state tax returns, transferred to federal court in Manhattan.
Trump is represented by William Consovoy and Patrick Strawbridge of Consovoy McCarthy.
They argued in their filing earlier this week that they should be allowed to pursue information, through discovery, about any coordinated efforts between state officials in New York and Democrats in Congress before a motion to transfer the case is considered.
"The president is entitled to discovery on the nature, scope, and contours of this coordination between the attorney general and the House," they wrote.
Attorneys for James wrote in their filing Friday evening that Trump's attorneys are trying to making a connection where one doesn't exist.
Both Congress and the New York Attorney General's Office issued subpoenas to financial institutions earlier this year, around the same time, seeking information related to statements made by Michael Cohen, Trump's former personal attorney.
Cohen testified before Congress that Trump had previously mischaracterized his assets to banks and insurance companies. That prompted state and federal lawmakers to pursue, through the subpoenas, more information from a number of entities tied to Trump.
Attorneys for James argued that, if anything, the dual actions showed that her office and federal lawmakers both moved to exercise their investigative powers in response to the same event.
"These allegations, even if credited, show at most that the Attorney General and members of the House Intelligence and Financial Services Committees (not the House Defendants) have looked into the same allegations of financial malfeasance, in accordance with their respective investigative prerogatives," attorneys for James wrote.
The case is currently before U.S. District Judge Carl Nichols, a Trump appointee who will decide whether the litigation stays in the district, or is transferred to Manhattan.
The lawsuit was brought by Trump in July to prevent Congress from taking advantage of the TRUST Act, a recently passed New York state law that allows certain federal lawmakers to request copies of the state tax filings of Trump, and just about any other elected or appointed official who lives in New York.
Trump filed the lawsuit two months ago in Washington, D.C., and named James as a defendant, along with the U.S. House Ways and Means Committee and New York Tax Commissioner Michael Schmidt.
James moved, in August, to either have the lawsuit transferred to the U.S. District Court for the Southern District of New York, or have Schmidt and herself removed from the litigation entirely. Her office argued that there was nothing tying either of them to Washington, D.C., for the venue.
Attorneys for James repeated that point in their filing Friday evening, and also argued that Washington, D.C., would be the wrong venue for Trump to challenge a state law enacted in New York, anyway.
"Tellingly, Mr. Trump has not pointed to a single case where a federal court sitting in one state has decided a facial constitutional challenge to another state's laws," they wrote.
Trump's attorneys have argued to keep the litigation in Washington, D.C., saying the actual harm that could arise from the TRUST Act would happen in the district, where Congress would be requesting his state tax filings from New York state officials.
He also added Rep. Richard Neal, D-Massachusetts, and an attorney from the committee as defendants on the lawsuit last month. Neal, as chairman of Ways and Means, is one of three federal lawmakers that can request the president's state tax filings under the TRUST Act.
The law allows the leaders of three committees in Congress to ask the state Department of Taxation and Finance for the state tax filings of most elected or appointed officials in New York.
That request comes with a few strings attached. First, Congress can only make such a request after it's asked the U.S. Treasury Department for those returns. Such a request, under the law, also has to be "related to, and in furtherance of, a legitimate task of the Congress."
While the suit isn't yet at the stage where the law will be reviewed in federal court, attorneys for James wrote Friday that Trump's arguments of harm from the statute, for now, are hypothetical at best. A request from Congress for his state tax filings could be harmless, they wrote.
"Mr. Trump fails to articulate how simply delivering any requested state tax return information to Chairman Neal in and of itself results in harm," they wrote. "Assuming Chairman Neal even makes a request, he may do nothing more than review what he gets."
Trump's attorneys were not immediately available to comment on the filing Friday evening.
The motion to either transfer the case to New York, or remove James and Schmidt from the lawsuit, is scheduled to be argued in Washington, D.C., federal court on Wednesday.
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