Trump can't sue New York State in DC federal court to stop release of tax returns, judge says

[Gothmog]

Source: cnn

A federal judge has decided that President Donald Trump can't sue New York state officials in a Washington, DC, court, at this time to stop the release of his tax returns.

The case is one of many where Trump or his administration have asked federal judges to intervene before House Democrats obtain Trump's financial records. In this case, Trump had sued New York state and the House to stop Congress from requesting his tax returns under a new New York state law. Congress hasn't yet requested the tax returns under the law.
It's possible Trump could file a similar lawsuit with another court, such as in New York, or later in an attempt to prevent the request from Congress.
The judge in Monday's decision, Carl Nichols, is a Trump appointee to the federal bench in Washington.

Read more: https://www.cnn.com/2019/11/11/politics/donald-trump-tax-returns/index.html

[lagomorph777]

1. "The judge in Monday's decision, Carl Nichols, is a Trump appointee"

Whoah. Amazing!

[Marthe48]

24. ha-ha-ha-ha-ha

<breath> ha!

[Jim__]

2. A Trump appointee - that should really piss Trump off.

I can hear him now, "I appointed him. He's supposed to be working for me."

[oldsoftie]

10. He says that about Obama appointees, so i imagine he WILL say that. nt

[bitterross]

33. No doubt he's fuming, that "HIS" judge didn't show loyalty.

Oh, to be a fly on the wall when he hears this.

[dewsgirl]

3. Not just any judge, a Trump appointed judge. I was

just about to post this.

[The Velveteen Ocelot]

7. It doesn't make any difference who the judge was or who appointed him

because it was a dismissal without prejudice on procedural grounds, not on the merits.

[mountain grammy]

29. It matters to Trump..

and I'm sure he has no understanding of the nuances. He appoints judges to work for him.

[The Velveteen Ocelot]

31. That's probably true.

He's likely to have a hissy fit no matter how carefully the lawyers explain the situation to him.

[Gothmog]

4. Mr. Trump has not met his burden of establishing personal jurisdiction

Link to tweet

[The Velveteen Ocelot]

5. ... which is Civil Procedure 101.

He must be recruiting lawyers from billboards and late-night TV ads. Even Saul Goodman wouldn't make a mistake like that. Why would he want to file in DC instead of New York anyhow - did he think he'd get more sympathetic judges?

[Gothmog]

14. Yep

The opinion brought back memories from law school

[defacto7]

17. Not that I know anything about law, I don't,

but is filing in the wrong court a delaying tactic or is the process of acquiring his taxes plowing through in spite of this?

[Foolacious]

20. Looks like a delaying tactic. N/T

[The Velveteen Ocelot]

22. I don't think it was meant as a delaying tactic so much as that they'd hoped

to get a more sympathetic judge in DC. The case should properly be have been brought in a New York state court since it involves a New York state statute. But Trump's lawyers probably think New York state court judges might be tougher on him than a DC federal judge. That court has at least some Trump appointees (including the one who decided this case), while of course the New York court has none.

[LiberalFighter]

23. Who says it was a mistake?

His lawyers probably trying to milk him.

[The Velveteen Ocelot]

25. They're probably not getting paid as it is, so I doubt they want to do any more work

than they have to do. Also, deliberately filing in the wrong court when they know it's the wrong court just to milk a client is a good way for a lawyer to get slapped with sanctions.

[onenote]

36. He filed in DC because he wanted the case to be assigned to the same judge

who is hearing the case regarding the Ways and Means Committee's demand that the IRS turn over Trump's federal returns (Trevor McFadden) as a "related case." In July, that request was considered and denied by McFadden (also a Trump appointee) at which point the case was randomly assigned to another judge.

[The Velveteen Ocelot]

8. No, that's not it at all. The judge dismissed the case without prejudice,

which means it can be filed again somewhere else. The judge didn't say anything about the merits of the case, only that it was brought in the wrong court because the DC court didn't have personal jurisdiction over the other parties (the acts in question had been done in New York and the other parties live in New York). So the case can be refiled in a New York court alleging the same claims.

It really helps to read the order before opining on what it means.

[cstanleytech]

18. Isn't taking it to the federal courts at all misplaced?

After all this is an issue of the state seeking it not the feds so shouldn't it be in the state courts?

[The Velveteen Ocelot]

27. The federal court in DC had federal subject matter jurisdiction because

the House Ways and Means Committee is one of the named defendants. However, the New York state officials (the other defendants) based their argument on a New York state statute, so the judge said the case could be brought in a New York state court, and in any event the DC court didn't have personal jurisdiction over the NY defendants because all of the acts giving rise to the lawsuit, as well as the tax officials, occurred in New York. The House committee was named as a defendant only because the statute authorizes the release of the tax returns to that committee - it wasn't an active participant in the lawsuit.

[cstanleytech]

28. So is it likely to actually see the inside of a federal court or should it stay in the state courts?

[The Velveteen Ocelot]

30. I'm guessing it will go to a state court, but

I read somewhere that they might not refile. Not sure.

[oldsoftie]

9. It would seem, at some point, that SOME followers would wonder why he's fighting SO hard.

I mean, i understand the whole "If you're not doing anything illegal you have nothing to worry about" line that we always hear from pro-police people regarding the cops doing illegal searches, but this has gotten beyond ridiculous.

He doesnt want his followers to see that he doesnt make nearly the money he says he is

[mgardener]

11. Or from whom

He borrowed money from.
Or if he pays any income tax at all.

[dmr]

12. All of the above, and then some.

I imagine he has much to hide, and is probably hiding some things from people he has lied to over the years. Maybe from people who could or would do him harm.

Yup, I think he's got some skeletons he's afraid of getting out.

[ProfessorGAC]

41. Or If His Fortune Is Fraudulent

[cstanleytech]

19. Considering most of them have to be spoon-fed the answers to stuff I kind of doubt they're going to

suddenly start asking questions on their own.

[turbinetree]

13. Hey traitor get on your B757-200 and fly to Russia because we the public are going to find out how

big the criminal enterprise your aligned with, how your a cheat and fraud, and how you are linked with every other criminal organization in the world, that has been doing this crap since the first despot came on the scene .................

You do realize there traitor, that in my opinion the US supreme court will not take this case....................its about states rights that your side always harps on.....................you defrauded New York with help from your family with over 400 million in taxes that you and everyone in your family did not pay................this doesn't even include the Stormy Danial's crap you pulled...................

I really hope they confiscate the plane......................first so that you can't fly out.....................and then Air Force One..........................

[The Velveteen Ocelot]

15. The range of a 757-200 is just a bit shy of the distance between DC and Moscow.

It might run out of gas. That would be too bad.

[LiberalFighter]

35. Don't tell Trump that.

Make sure that there aren't any qualified people to pilot the jet.

[pwb]

16. Finally his money and lawsuits are being challenged.

Not many of trumps suits could fight back, he doesn't know what to do?

[BuffaloJackalope]

21. Imagine Prof Kingsfield dressing down Trump's lawyer

Last edited Mon Nov 11, 2019, 07:18 PM - Edit history (1)

[doc03]

26. So now does he take it

to his SCOTUS?

[Pepsidog]

32. Sounds like an interesting law school exam question regarding jurisdiction and venue.

[Gothmog]

34. Hand picked Federal Judge rules against fat-ass in the WH on his tax returns and NY State.

Link to tweet

[onenote]

37. Trump appointed the judge to the court, but he was assigned to this case randomly.

[Botany]

38. So a Federal Court ruled that they have no standing..

.. . with a NY State court.

[Gothmog]

39. I really like the new NY AG

Link to tweet

[Gothmog]

40. trump wants House to notify trump if Democrats ask for trump's tax returns

Link to tweet