Judge says Treasury must give Trump 72 hours before releasing tax info to Democrats

[Wicked Blue]

The Hill
By Naomi Jagoda - 01/22/21 04:42 PM EST

A federal judge on Friday issued a temporary order that will require the Treasury Department to give former President Trump's personal lawyers 72 hours notice before providing Trump's tax returns to House Democrats.

Judge Trevor McFadden, a judge in federal district court in Washington, D.C., appointed by Trump, directed the Treasury Department and IRS to provide Trump’s personal lawyers with the three-days notice before providing the former president’s tax returns to the House Ways and Means Committee.

The order lasts until Feb. 5.

McFadden announced the order at a teleconference held Friday.

https://thehill.com/policy/finance/535471-judge-says-treasury-must-give-trump-72-hours-before-releasing-tax-info-to

[soothsayer]

1. Why?

[ProfessorGAC]

2. Truly Don't Understand This

What is the purpose of the 72 hours?
Give them time to block it in court? Again?
I'm not understanding what reasonable purpose is served by the 72 hour notice.

[Wicked Blue]

3. Time to burn the evidence?

How many YEARS have we been waiting to see this?

[StarfishSaver]

8. Trump is not in control of the documents. Biden's Treasury Department has them

Three-day notice is not a big deal.

[GopherGal]

15. Time to get to Crimea?

Seriously, I'm sure it's procedural and allows time for pus-bucket's attorneys to prepare a defense, as others have responded in this thread.

[dsc]

12. That would be my guess

and it would give them time to formulate a response. I am not doing cartwheels but 72 hours isn't the end of the world.

[abqtommy]

4. I'm addin' McFadden to my list of judges we need to get rid of. Damn, I'm gonna have to get another

server for data storage!

[intrepidity]

5. Insurrections don't just start themselves! nt

[Silent3]

6. As long as it's notice for when it WILL happen...

...I'm fine with this.

Of course, then it doesn't serve much purpose, but I'd be fine with it.

If it's to give him yet another chance to file a BS appeal to block it, fuck that.

[unblock]

9. That's exactly what the notice allows. Time for the lawyers to make some motion to delay

Due process requires this sort of thing. At some point, you'd hope a judge would say enough of the delaying crap, but judges often give high-profile people a lot of leeway....

[StarfishSaver]

11. They've pretty much exhausted all of their arguments for delay

Giving notice actually reduces the likelihood there will be any further delays.

[unblock]

14. Right -- strikes me as a by the book thing --

You can't later say you weren't given give proper notice.

And it says nothing about whether or not anything Donnie's lawyers do during those 3 days would be well-received....

[StarfishSaver]

17. Exactly

Three days isn't going to make any difference.

It is a little amusing seeing people get so upset about this - when just a few days ago some people weren't even thinking about the returns or were saying the returns would never be released. Now it's a major catastrophe if Trump's lawyers are given 72 hours notice before the returns the House has been trying to get for two years are released.

[Skittles]

7. could they make him sound more like a fucking criminal

ugh

[StarfishSaver]

10. This isn't a big deal.

Three-day notice is not an unusual thing.

It's been years - three days isn't going to make any difference.

[Hermit-The-Prog]

13. Does the judge have a copy of 26 U.S. Code § 6103?

In part:

https://www.law.cornell.edu/uscode/text/26/6103

(f) Disclosure to Committees of Congress
(1) Committee on Ways and Means, Committee on Finance, and Joint Committee on Taxation

Upon written request from the chairman of the Committee on Ways and Means of the House of Representatives, the chairman of the Committee on Finance of the Senate, or the chairman of the Joint Committee on Taxation, the Secretary shall furnish such committee with any return or return information specified in such request, except that any return or return information which can be associated with, or otherwise identify, directly or indirectly, a particular taxpayer shall be furnished to such committee only when sitting in closed executive session unless such taxpayer otherwise consents in writing to such disclosure.
(2) Chief of Staff of Joint Committee on Taxation

Upon written request by the Chief of Staff of the Joint Committee on Taxation, the Secretary shall furnish him with any return or return information specified in such request. Such Chief of Staff may submit such return or return information to any committee described in paragraph (1), except that any return or return information which can be associated with, or otherwise identify, directly or indirectly, a particular taxpayer shall be furnished to such committee only when sitting in closed executive session unless such taxpayer otherwise consents in writing to such disclosure.
(3) Other committees

Pursuant to an action by, and upon written request by the chairman of, a committee of the Senate or the House of Representatives (other than a committee specified in paragraph (1)) specially authorized to inspect any return or return information by a resolution of the Senate or the House of Representatives or, in the case of a joint committee (other than the joint committee specified in paragraph (1)) by concurrent resolution, the Secretary shall furnish such committee, or a duly authorized and designated subcommittee thereof, sitting in closed executive session, with any return or return information which such resolution authorizes the committee or subcommittee to inspect. Any resolution described in this paragraph shall specify the purpose for which the return or return information is to be furnished and that such information cannot reasonably be obtained from any other source.

[StarfishSaver]

18. Only Section (1) applies here

But I don't understand your point. Are you saying the court has no discretion to require reasonable notice before the returns are released?

[Hermit-The-Prog]

22. "Upon written request [ ... ] shall " -- I don't see wiggle room in that. No notifying.

trump doesn't play a part. Congressional committees submitted the requisite written requests long ago. The Secretary has defied the "shall" part and now the court injects even further delay, contrary to the letter of the law.

[StarfishSaver]

23. "Upon written request" doesn't mean in the next hour or even the next day

Even Neal's original letter gave them a week to comply. It is not unusual at all - in fact, it's very common - for a court to allow the same amount of time allowed in the original request once the remedies are exhausted (they don't count the time in which the appeals were occurring). In this case, the court allowed less time than originally requested.

The court has broad discretion in this matter. It is exercising it very reasonably. And I doubt that the Ways and Means Chair is complaining about the three day notice - which Biden's DOJ requested - so why are you all worked up about it?

[Hermit-The-Prog]

24. Would I be notified if Congress requested my returns? Sick of the injustice system as is.

[StarfishSaver]

25. Yes, you would be

But if you think three-day notice of turning over tax returns - something you probably wasn't even on your radar until you heard about this today - is worth getting your shorts all in a bunch over, that's on you. Some people thrive on that kind of drama and hand-wringing. Others just take the win and move on ...

[Hermit-The-Prog]

26. Bullshit. I might be told they have my returns, if they wanted me to come in and talk.

[StarfishSaver]

29. Whatever - believe whatever you want

You seem to want to be upset so I'll just leave you to your angst.

[edhopper]

16. Take to the full district court

fuck these Trump judges.

[getagrip_already]

19. that will take more than 3 days.....

He has no lawyers. So it doesn't really matter. He doesn't have the office of wh council or the doj working on this stuff anymore.

He only got an impeachment lawyer because the gop is probably paying him and he worked out a deal that only he is in charge. not the client.....

I doubt you are going to find many law firms who want to argue this one.

[StarfishSaver]

20. There is no "full district court"

There is absolutely nothing wrong with requiring three-day notice for the release of the tax returns. Three days isn't going to make a scintilla of difference. And you're still not going to see them, so why are you so upset?

[MerryBlooms]

21. I believe this order put Trump and his lawyers on notice.

Get your paperwork in order for submission to Congress. Tick-tock, trump. ⌚

[gldstwmn]

27. To flee the country?

WTF?

[Tarc]

28. So...hand it to the House on Feb 6th?

Works for me.