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Appeals court denies Trump over tax returns, Trump appointee dissents

Attorney Scott Pilutik wrestles with the news of the day, from a lawyerly perspective…

134 page (which I’ve only skimmed) 2-1 appellate opinion in the other case concerning Trump’s tax returns (last week’s was in a NY fed court, this one is in DC fed court). Upshot is that Congress is well within its constitutional rights a right to subpoena the President’s financial records. One judge – a Trump appointee – dissented.

Next step for Trump’s team here would be to appeal either to the Supreme Court, or seek “en banc” review, where the entire (or nearly the entire) DC Circuit court of 17 judges reviews and votes.

Neomi Rao’s dissent is just stupid…


It’s kind of in line with Cipollone’s idea that there must be a vote. She’s basically saying that any impeachable official can only be compelled by Congress if Congress decides to impeach, which isn’t supported by anything anywhere.

Tatel calls her out for exactly that…

She’s hardly the only manifestly unqualified judge shoved through by McConnell, too. This sort of random idiocy will be with us for ages.

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