Now that Democrats have sued to obtain copies of President Donald Trump’s tax returns, the biggest question is how long it might take until they actually get them.
In the complaint that House Democrats filed in federal court last week, they argued that the court needs to move fast because the Ways and Means Committee’s investigation “will necessarily end on January 3, 2021” ― when a new Congress starts after the 2020 election.
The lawsuit asks the U.S. District Court for the District of Columbia to force the Trump administration to comply with a subpoena ― one of the dozen-plus that the Democrats have issued as part of their oversight of the administration, on subjects ranging from next year’s census to the special counsel investigation into the president’s 2016 campaign. The subpoena for Trump’s tax returns is the first that Democrats have asked a court to enforce.
While nobody knows how long the case might take, anyone hoping that Congress gets the president’s tax returns before Election Day may end up disappointed.
“I would be surprised if it takes less than a year, but I think much depends on strategic decisions made by the parties and what they do to try and advance the case,” said Alexander Reinert, a professor at the Benjamin N. Cardozo School of Law in New York.
Though federal courts have tended to side with Congress in high-profile subpoena fights, they don’t generally operate within the two-year congressional timeframe. For instance, House Republicans sued for documents related to their investigation of the Justice Department under President Barack Obama in 2012, but the court didn’t order the department to hand over the material until 2016.
The Trump administration could try to slow things down, Reinert said. It has to decide, for instance, whether it will answer the Democrats’ complaint by filing a response or a motion to dismiss. The latter option might fail, but it could also eat up time. Ultimately, Judge Trevor McFadden, whom Trump named to the bench in 2017, will determine how fast the case moves.
Even if the U.S. District Court wraps up the dispute in the next seven or eight months, whoever loses is going to take the matter to the appeals court, which Reinert said would extend the case several more months and make it unlikely that there’s a final decision before November 2020.
Neil Kinkopf, a professor at the Georgia State University College of Law, said the appeals court could move fast and would likely want to drop its decision well before voters start turning in their ballots.
“The last thing a court would want to do is hand it down in October,” Kinkopf said.
After the appeals court weighs in, the losing party could still try to take the case to the U.S. Supreme Court. The high court would be more likely to get involved if there’s a disagreement between the lower courts or if the appeal goes against the legislative branch, Kinkopf said, because the justices like to be the ones who settle significant constitutional questions.
The Supreme Court typically hears arguments from fall to spring and finishes releasing decisions in early summer ― which theoretically could put off a final verdict until June 2021.