New York tax returns

Trump sues Democrats to shield New York tax returns

By BRIAN FALER

President Donald Trump is going to court to prevent House Democrats from getting his long-hidden tax returns from the state of New York.

In a suit filed Tuesday in Washington, he asked a federal court to prevent Ways and Means Committee Chairman Richard Neal from taking advantage of a recently passed New York law designed to give Neal access to Trump’s confidential state tax filings.

The suit, which targets both Neal and New York officials, comes as the Massachusetts Democrat is simultaneously suing Trump for his federal tax returns.

Neal has been lukewarm on the prospects of tapping the New York law, suggesting that using it could undermine his bid for six years of Trump’s federal personal returns and select business returns. The president’s lawsuit expresses concern that Neal could nevertheless act on the law at any time.

It contends that Democrats do not have a legitimate reason for seeking Trump’s New York returns “because the committee’s jurisdiction is limited to federal taxes, no legislation could possibly result from a request for the president’s state tax returns.”

The suit also argues the New York law violates the First Amendment of the Constitution because it was enacted “to discriminate and retaliate against President Trump for his speech and politics.”

It's the latest volley in what's likely to be a long court fight over the president's returns. Neal filed suit against Trump earlier this month, seeking to enforce a subpoena for the records that the administration has defied. Neal is seeking the information under a 1924 law that allows the heads of Congress's tax committees to examine anyone's confidential tax filings. Trump has defied a decades-old tradition of presidents voluntarily releasing their tax filings.

Seeking to help congressional Democrats, New York Gov. Andrew Cuomo signed legislation last month authorizing officials there to share Trump’s state tax returns with Neal. Trump’s New York return would likely include some of the same information that's on his federal one.

New York Attorney General Letitia James, who was also named Tuesday in the suit, said: “We have all the confidence that this law is legal and we will vigorously defend it against any court challenge.”

A Neal spokesperson did not respond to a request for comment.

Neal, whose own lawsuit argues he needs Trump’s federal returns in order to vet IRS audits of the president, has been reluctant to take advantage of the New York law — to the consternation of some liberals.

Trump’s suit raises the prospect that Neal could give in to pressure from fellow Democrats to make use of the law.

“Chairman Neal could decide to request the President’s state returns — at any time, with no notice to the President,” the suit says. “And New York could respond to the request almost instantaneously, mooting the President’s ability to object before his tax records are disclosed.”

“President Trump was thus forced to bring this lawsuit to safeguard his legal rights.”