Investigating whether the president broke the law is not a proper task for Congress but rather is a job that the Constitution “reserves to the executive branch,” lawyers for President Donald Trump argued Monday (June 10) to the D.C. Circuit.
The extremist constitutional argument comes in Trump’s opening appellate brief in Trump v. Mazars USA, which involves the House oversight committee’s efforts to obtain Trump’s accounting records as part of its investigation into his financial dealings. Last month, a district judge ruled that a House subpoena seeking those records from Trump’s accounting firm was valid.
Trump is hoping the D.C. Circuit reverses that ruling and blocks the subpoena. His brief argues that the subpoena serves no legitimate legislative purpose because “it is an effort to investigate alleged legal violations–power that is vested in the Executive, not Congress.”
A response brief from the House oversight committee is due July 1. Oral argument is scheduled for July 12 before Judges Tatel, Millett, and Rao.
Here is Trump’s full brief to the D.C. Circuit: