Trump v. Mazars USA, LLP

Trump v. Mazars USA, LLP, No. 19-715, is a pending Supreme Court of the United States case involving the tax returns of President Donald Trump.[2]

Trump v. Mazars USA, LLP
CourtUnited States Court of Appeals for the District of Columbia Circuit
Full case nameDonald J. Trump, et al. v. Mazars USA, LLP and Committee on Oversight and Reform of the U.S. House of Representatives
ArguedJuly 12, 2019
DecidedOctober 11, 2019
Citation(s)940 F.3d 710, No. 19-5142
Case history
Prior action(s)Preliminary injunction denied, Donald J. Trump, et al. v. Committee on Oversight and Reform of the U.S. House of Representatives, et al., 380 F.Supp.3d 76, No. 1:19-cv-01136-APM (D. D.C. 2019)
Subsequent action(s)En banc rehearing denied (D.C. Cir. 2019);[1] stay granted, Application No. 19A545 (S. Ct. 2019); cert. granted, No. 19-715, consolidated with Second Circuit's Donald J. Trump, et al. v. Deutsche Bank AG, et al., No. 19-760 (S. Ct. 2019)[2]
Court membership
Judge(s) sittingCircuit Judges David S. Tatel, Patricia Millett, Neomi Rao
Case opinions
MajorityTatel, joined by Millett
DissentRao

Background
Further information: List of lawsuits involving Donald Trump

The House Oversight Committee had subpoenaed numerous records from the President's accounting firm, Mazars, Deutsche Bank and other companies. The President sued, and the subpoena was blocked while the case wound its way through the courts, losing in district court and on appeal.[3] The Supreme Court agreed to continue the block for a few days, ordering the House Counsel to submit a rebuttal by November 21, which it did.[4] In seeking a rapid subpoena ruling, House general counsel Douglas Letter wrote, "The president certainly has no right to dictate the timetable by which third parties provide information that could potentially be relevant to that inquiry."[5]

The target of the subpoena (Mazars) has said that it is willing to comply with the subpoena; Trump's lawsuit against Mazars, brought in his personal capacity, has delayed Mazars' response.[6] Legal scholar Marty Lederman has described the Mazars case as more important than the Trump v. Vance case.[6] Lederman describes Trump's argument—that Congress entirely lacks "constitutional authority to investigate a sitting President's possible conflicts of interest and violations of law"—as an "alarming" assertion that, "would, if credited, be a radical departure from our constitutional history and tradition."[6]

D.C. Circuit

Ruling

Circuit Judge David S. Tatel wrote the majority opinion, which was joined by Circuit Judge Patricia Millett.[7]

Dissent

Circuit Judge Neomi Rao dissented, insisting that the impeachment power is the only legitimate method for such congressional investigations.[7]

En banc rehearing denied

On November 13, 2019, the D.C. Circuit denied the Trump administration's petition for an en banc rehearing. Gregory Katsas, Neomi Rao, and Karen Henderson dissented from the denial of rehearing.[1]

Supreme Court

The question facing the Supreme Court is whether the U.S. House of Representatives has the authority to issue subpoenas to obtain the private financial records of the president and his businesses.[8]

On November 25, 2019, the Supreme Court of the United States granted a stay of the D.C. Circuit's ruling extending the time for the appealing party (Trump) to file a petition for a writ of certiorari, asking the Court to hear the case.[9] Trump's legal team filed the petition on December 5, 2019,[10] and on December 13, 2019, the Supreme Court granted certiorari and consolidated the case with Trump v. Deutsche Bank AG.[2]

Oral arguments was originally scheduled to take place on March 31, 2020, but two weeks before the arguments were to take place, the Supreme Court postponed arguments in response to the coronavirus pandemic and waited one month to announce the rescheduled date. In April 2020, the Supreme Court said that oral argument in the Mazars case and other cases would be heard by telephone.[11][12] Consolidated oral arguments for Trump v. Mazars and Trump v. Deutsche Bank AG, as well as Trump v. Vance, were heard on May 12.[13] In arguing against the need for subpoenas for tax returns, Deputy Solicitor General Jeffrey Wall repeatedly cited that they presented "dangers of harassing and distracting and undermining the President".[14]

Congressional subpoenas related to this case will expire with the end of the 116th Congress.[15]

See also

References
  1. Trump v. Comm. on Oversight & Reform, No. 19-5142 (D.C. Cir. Nov. 13, 2019).
  2. "Search - Supreme Court of the United States". www.supremecourt.gov. Retrieved 2020-06-26.
  3. Pramuk, Tucker Higgins,Jacob (November 18, 2019). "Supreme Court temporarily halts court order requiring accountants to turn over Trump's tax returns to Congress". CNBC.
  4. "House attorneys say Trump's tax returns are needed for impeachment inquiry". Los Angeles Times. November 22, 2019.
  5. Todd Ruger (November 21, 2019). "Democrats seek quick subpoena ruling in Trump tax records case". Roll Call.
  6. Marty Lederman (November 25, 2019). "Understanding the Two Mazars Subpoena Cases Before the Supreme Court". Just Security.
  7. Trump v. Comm. on Oversight & Reform, 940 F.3d 710 (D.C. Cir. 2019).
  8. "Trump v. Mazars USA, LLP". SCOTUSblog. Retrieved 2020-05-21.
  9. 19A545 TRUMP, DONALD J., ET AL. V. MAZARS USA, LLP, ET AL. supremecourt.gov November 25, 2019
  10. Ariane de Vogue (December 5, 2019). "Trump asks Supreme Court to block House subpoena for financial documents and take up case". cnn.com. Retrieved December 5, 2019.
  11. Totenberg, Nina (13 April 2020). "Supreme Court To Hear Arguments By Telephone, Including On Trump's Financial Records". NPR.org. Retrieved 2020-04-13.
  12. "Press Releases - April 13, 2020 - Supreme Court of the United States". SupremeCourt.gov. Retrieved 2020-04-13.
  13. Honig, Elie (11 May 2020). "The stakes of Trump's tax return case couldn't be higher". CNN. Retrieved 11 May 2020.
  14. Lederman, Marty (May 15, 2020). "Trump's DOJ Says the President Would Be "Undermined" if His Tax Records Were Revealed". Slate. Retrieved May 16, 2020.
  15. Stahl, Jeremy (2020-03-16). "The Coronavirus May Keep Trump's Financial Records Under Wraps Forever". Slate Magazine. Retrieved 2020-03-17.

Further reading
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