Trump-Appointed Judge Will Decide Whether to Block Trump Tax Returns — In November at the Earliest

Alex Wong, Getty Images

Despite a Justice Department filing saying that former President Donald Trump’s tax returns must be turned over to Congress, it will be at least November before a decision is made on the issue — and it will be made by a Trump-appointed judge.

The Justice Department’s Office of Legal Counsel issued a ruling that said Trump’s tax returns must be turned over to Congress.

The treasury secretary “must comply with the Ways and Means Committee’s June 16, 2021 request” for the tax returns, the opinion said.

But Trump’s legal team responded by trying to block the release, and at a hearing this week, the Justice Department and the committee were given one month to respond to that motion. From CNN:

Trump’s team has argued against the release of the tax returns, alleging Democrats in the House were pursuing Trump for political reasons. Trump is asking the federal court to permanently block the Treasury Department from turning over his tax returns and to order Ways and Means Committee Chairman Richard Neal to “end all ongoing examinations” of Trump and his companies.

According to a brief court hearing on Monday, the Biden administration and the House committee will have a month to respond to Trump’s arguments — a typical amount of time in cases like these.

The arguments will take place on November 8, meaning McFadden won’t make any major decisions in the case before then. The administration handing over the tax returns would be in line with the latest Justice Department policy.

The case will be decided by Judge Trevor McFadden, who was appointed to the United States District Court for the District of Columbia by Trump in 2017, and confirmed by a vote of 84-10, with six senators not voting. Vice President Kamala Harris, then a U.S. senator from California, voted against McFadden’s confirmation.