Harassing the President–New York Update

Both the State of New York and the House Ways and Means Committee have filed responses to Trump’s attempt to block the Committee’s use of New York’s TRUST Act.

Perhaps more significantly, Trump had attempted to have the case assigned to the same judge who is considering Trump’s challenge to the House’s subpoena for his bank records. The Court denied that request.

Significantly, the Court noted Trump’s argument that both cases require an examination of the Committee’s intent:

[I]t is not clear that this case will involve an inquiry into the Committee’s purposes at all. The Supreme Court has made clear that “in determining the legitimacy of a congressional act we do not look to the motives alleged to have prompted it.” Eastland v. U.S. Servicemen’s Fund, 421 U.S. 491, 508 (1975). This is important because “[i]n times of political passion, dishonest or vindictive motives are readily attributed to legislative conduct and as readily believed.” Id. at 509. So while the President insists that both cases will involve the Committee’s purpose in seeking the President’s tax returns, I am not so sure.

Slip op. at 4-5, footnote omitted.