The idea that we will see Trump’s taxes is a prediction. The rest of this post will explain why I believe we will see Trump’s taxes relatively soon.
A three-judge panel of the DC Circuit Court of Appeals has rule that the House Oversight Committee can get eight years of Trump’s taxes from an accounting firm named Mazars USA. At this point, Trump has two options: he can ask for an en banc review; or he can appeal directly to the Supreme Court.
An en banc review is when a party who lost in front of a three-judge panel asks the entire membership of the court to hear the case. Here, Trump would be asking all 10 judges on the DC Circuit Court of Appeals to rehear the case and issue a ruling.
My prediction is the DC Circuit Court of Appeals will refuse an effort by Trump to get an En banc review. I say that because everyone knows this case is going to be appealed to the Supreme Court. So, I don’t believe the DC Circuit will grant the en banc hearing and add further delay.
Whether the DC Circuit grants an en banc review or not, Trump will eventually ask the Supreme Court to hear the case. In most cases, the Supreme Court has discretion over the cases it takes.
My prediction is the Supreme Court will refuse to hear this case. The law is pretty clear. Congress, obviously, has the right to investigate. By asserting they are considering whether laws need to be changed, the House Oversight Committee has raised a clear legislative purpose. Since the Supreme Court will eventually have to take cases involving executive privilege and the powers of the executive and legislative branches, I don’t think the justices will want to weigh in on a case that isn’t present much of a legal question.