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More twists in multilevel fight by the House to get Trump's tax returns

President Donald Trump

President Trump is fighting multiple battles to prevent access to his tax returns

Win McNamee/Getty Images

The House of Representatives is asking a federal judge to dismiss a lawsuit by President Trump seeking to prevent the House's majority Democrats from getting their hands on the president's New York tax returns.

The request by the House late Monday is the latest volley in what's arguably, besides impeachment, the most consequential current balance-of-powers fight between the legislative and executive branches.


Acting as a private citizen, Trump filed the suit in July in federal court, looking to shortcut any effort by the House Ways and Means Committee to use a freshly enacted New York law to obtain the state returns.

Earlier this month in a separate case, a federal judge dismissed Trump's effort to prevent the president's state returns from being turned over to a New York grand jury. Trump's efforts to get that ruling reversed will be argued Wednesday before the 2nd U.S. Circuit Court of Appeals. No matter the outcome, the dispute is almost surely headed to the Supreme Court.

Presidential candidates and presidents have traditionally revealed their tax returns in the name of transparency, but Trump has refused to release his. Proposals to mandate that presidential nominees release their federal 1040s have become a standard part of democracy reform proposals. Such a requirement was included in HR 1, the comprehensive government reform bill passed by the House along party lines in March.

The House's lawyers argued in their filing Monday that Trump's claim should be dismissed because the Ways and Means Committee has not yet asked for the president's New York returns and has not decided whether it will.

"Mr. Trump does not and cannot allege that he is suffering harm," the dismissal request states.

The House lawyers also argue that any president is banned by the Constitution from interfering in the affairs of another, co-equal branch of government.

In filing the suit against the House, Trump's attorneys argued that waiting until a request for the tax returns is made could be too late — they could be disclosed before the president had a chance to be heard in court.

While keeping its options with New York open, the Ways and Means panel has focused more intently on getting access to six years of Trump's tax returns directly from the IRS and its parent, the Treasury Department. Democrats say the committee has a clear right to see Trump's filings under a seldom-invoked section of the tax code that says Treasury "shall furnish" the committee with "any" tax information it seeks about any American citizen.

Administration officials rebuffed a subpoena for those returns this spring, saying they would not help the Democrats with a fishing expedition that lacked a legitimate policy making purpose. The House has now gone to federal court on that matter, as well, arguing the law gives the House total leeway to decide what it needs and why

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When Politicians Draw Their Own Victories: Why and How To End Gerrymandering

From MAGA Republicans to progressive Democrats to those of us in the middle, Americans want real change – and they’re tired of politics as usual. They’re craving authenticity, real reform, and an end to the status quo. More and more, voters seem to be embracing disruption over the empty promises of establishment politicians, who too often live by the creed that “one bad idea deserves a bigger one.” Just look at how both parties are handling gerrymandering in Texas and California, and it’s difficult to see it as anything other than both parties trying to rig elections in their favor.

Instead of fixing the system, politicians are fueling a turbocharged redistricting arms race ahead of high-stakes midterm 2026 elections that will determine control of the U.S. Congress. In Texas, Republicans just redrew congressional lines, likely guaranteeing five new Republican seats, which has sparked Democratic strongholds like California and New York to threaten their own gerrymandered counterattacks.

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Defending Democracy in the Heart of Democracy - Washington, D.C.

The Crisis in Our Capital

Washington, D.C. is at the center of American democracy. Yet today, its residents — taxpayers, veterans, workers, families, people like you an I, American citizens — are being stripped of their right to self-government. The recent surge of out-of-state National Guard troops into the District under federal order has highlighted a deep flaw in our system: D.C. does not have the same authority to govern itself that the 50 states enjoy.Keith

We are told this militarization is about “public safety,” but violent crime in D.C. is near a 30-year low . What we are witnessing is not a crime-fighting measure, but an unprecedented encroachment on local authority. The consent of the people — the foundation of democracy — is being sidelined to pursue a political or even personal agenda.

The Ethical and Constitutional Problem

Legally, a president can request National Guard support through interstate compacts. But legality is not the same as legitimacy. True democracy requires consent, not unilateral fiat. Under the Home Rule Act, federal control over D.C. is only supposed to last 30 days in emergencies. Yet the use of state-based National Guard units circumvents this safeguard and seems to demonstrate a hidden agenda. This is a loophole — one that undermines D.C.’s right to self-governance and sets a dangerous precedent for federal overreach.

An Urgent Legislative Answer

It is not enough to critique the abuse of power — we must fix it. That is why I have drafted the D.C. Defense of Self-Government Act, which closes this loophole and restores constitutional balance. The draft bill is now available for public review on my congressional campaign website:

Read the D.C. Defense of Self-Government Act here

This legislation would require explicit, expedited approval from Congress before federal or state National Guard troops can be deployed into the District. It ensures no president — Republican. Democrat or Independent — can bypass the will of the people of Washington, D.C.

This moment also reminds us of a deeper injustice that has lingered for generations: the people of Washington, D.C., remain without full representation in Congress. Over 700,000 Americans—more than the populations of several states—are denied a voting voice in the very body that holds sway over their lives. This lack of representation makes it easier for their self-government to be undermined, as we see today. That must change. We will need to revisit serious legislation to finally fix this injustice and secure for D.C. residents the same democratic rights every other American enjoys.

The Bigger Picture

This fight is not about partisan politics. It is about whether America will live up to its founding ideals of self-rule and accountability. Every voter, regardless of party, should ask: if the capital of our democracy can be militarized without the consent of the people, what stops it from happening in other cities across America?

A Call to Action

When I ran for president, my wife told me I was going to make history. I told her making history didn’t matter to me — what mattered to me then and what matters to me now is making a difference. I'm not in office yet so I have no legal authority to act. But, I am still a citizen of the United States, a veteran of the United States Air Force, someone who has taken the oath of office, many times since 1973. That oath has no expiration date. Today, that difference is about ensuring the residents of D.C. — and every American city — are protected from unchecked federal overreach.

I urge every reader to share this bill with your representatives. Demand that Congress act now. We can’t wait until the mid-terms. Demand that they defend democracy where it matters most — in the heart of our capital — because FBI and DEA agents patrolling the streets of our nation's capital does not demonstrate democracy. Quite the contrary, it clearly demonstrates autocracy.

Davenport is a candidate for U.S. Congress, NC-06.