NY files motion to keep Trump tax returns lawsuit out of DC court
New York state filed a motion on Friday in a lawsuit over President TrumpDonald John TrumpTrump dismisses backlash to SoulCycle: ‘I think it just makes Steve much hotter’ Trump on China trade talks: ‘We are not ready to make a deal’ Trump: Biden ‘not playing with a full deck’ MORE‘s tax returns, arguing that the case should not be heard in a federal court in Washington, D.C.
“This lawsuit plainly belongs in a New York court,” New York Attorney General Letitia James (D) wrote in the filing before the D.C. District Court.
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At issue is a legal fight over a New York law which would allow the chairmen of Congress’s tax committees to request public officials’ state tax returns. Trump has sued the New York state attorney general, the state’s tax office and the Democratic House Ways and Means Committee to block any effort for lawmakers to obtain his returns.
In its Friday motion New York state argued that the D.C. federal court where Trump filed his suit has no jurisdiction over state officials.
“Plaintiff alleges no facts to support this Court’s exercise of personal jurisdiction over the New York Defendants, officials who reside in New York as required by law and work primarily in New York,” she continued.
“Nor does Plaintiff allege any facts to demonstrate that his sole claim asserted against the New York Defendants – a First Amendment challenge to New York’s Tax Returns released Under Specific Terms (“TRUST”) Act – arises out of any conduct by the New York Defendants occurring in the District of Columbia.”
James also argued that if the court does not dismiss Trump’s suit, it should move it to a federal court in New York state.
“Nor is the venue proper in this District. Neither of the New York Defendants resides in D.C., the complaint alleges no events or omissions by the New York Defendants taking place here.”
The motion is the latest twist in the complicated fight over Trump’s tax returns. The case is first being heard by District Judge Carl Nichols, a Trump appointee.
Trump’s lawsuit was an attempt to block the New York law, which would allow House Ways and Means Committee Chairman Richard NealRichard Edmund NealDemocrats give cold shoulder to Warren wealth tax Senate Dems urge Mnuchin not to cut capital gains taxes Justice Democrats endorses two progressives challenging Democratic incumbents MORE (D-Mass.) from obtaining the president’s state tax returns. Neal has not yet requested the documents, and has not indicated if or when he might do so.
Earlier this month, Nichols ordered that New York refrain from providing any requested tax documents to the committee while its motion to dismiss the case is being heard.
“Today’s motion argues what we’ve said from the outset — that this case has no place in the DC courts,” James said in a statement. “While President Trump has spent his career hiding behind lawsuits, this premature suit will not move forward until the question regarding jurisdiction is settled. We look forward to making our case during oral arguments later this month.
“We maintain that the TRUST Act is constitutional, and we will vigorously defend it,” she added.
Updated at 5 p.m.