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Quoted By:
https://abcnews.com/Politics/judge-orders-trump-doj-justify-presidents-10b-irs/story?id=132365447
A federal judge is raising concerns about whether Donald Trump's attempt to sue the IRS for $10 billion can proceed, signaling she could throw out the case because the president oversees the government entities he is suing.
Judge Kathleen Williams raised the issue in an order on Friday denying a request to delay the case amid possible settlement talks.
She noted that Trump and the defendants -- the Treasury Department and IRS -- may not be "sufficiently adverse" to one another for the case to proceed.
"Moreover, although President Trump avers that he is bringing this lawsuit in his personal capacity, he is the sitting president and his named adversaries are entities whose decisions are subject to his direction. Indeed, President Trump's own remarks about this matter acknowledge the unique dynamic of this litigation," she wrote.
Williams ordered both Trump's lawyers and the Department of Justice to submit briefs about why the case should proceed and set a hearing for next month. For the case to proceed, Trump's lawyers and the DOJ need to establish that the lawsuit is "a dispute between parties who face each other in an adversary proceeding."
"Typically, adverseness is found in a situation where one party is asserting its right and the other party is resisting," she noted.
But with Trump in charge of the very government entities he is suing, Williams noted that the required adverse relationship between the parties may not exist. She added that Trump has signed multiple executive orders tightening the president's control over the executive agencies like the Department of Justice.
A federal judge is raising concerns about whether Donald Trump's attempt to sue the IRS for $10 billion can proceed, signaling she could throw out the case because the president oversees the government entities he is suing.
Judge Kathleen Williams raised the issue in an order on Friday denying a request to delay the case amid possible settlement talks.
She noted that Trump and the defendants -- the Treasury Department and IRS -- may not be "sufficiently adverse" to one another for the case to proceed.
"Moreover, although President Trump avers that he is bringing this lawsuit in his personal capacity, he is the sitting president and his named adversaries are entities whose decisions are subject to his direction. Indeed, President Trump's own remarks about this matter acknowledge the unique dynamic of this litigation," she wrote.
Williams ordered both Trump's lawyers and the Department of Justice to submit briefs about why the case should proceed and set a hearing for next month. For the case to proceed, Trump's lawyers and the DOJ need to establish that the lawsuit is "a dispute between parties who face each other in an adversary proceeding."
"Typically, adverseness is found in a situation where one party is asserting its right and the other party is resisting," she noted.
But with Trump in charge of the very government entities he is suing, Williams noted that the required adverse relationship between the parties may not exist. She added that Trump has signed multiple executive orders tightening the president's control over the executive agencies like the Department of Justice.
