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News - 2018

Dec. 2018

Joe Cacace quoted in article on whether Trump Emoluments Clause lawsuit could reveal tax returns

Joseph M. Cacace of Todd & Weld LLP was quoted in a report on whether Donald Trump will have to reveal his tax returns in the Emoluments Clause lawsuit pending in federal court in Maryland.

Mr. Cacace told the MLex US Tax Watch that the effort by the attorneys general of Maryland and the District of Columbia to obtain the president's business tax returns would turn on whether the judge in the case finds that they contain relevant information not available elsewhere.

The Emoluments Clause lawsuit is a constitutional conflicts-of-interest challenge to the president's business dealings related to the Trump International Hotel in Washington, D.C.

The attorneys general are seeking business records and records from government agencies, including the Department of the Treasury, to determine whether transactions at the hotel violate the constitutional ban on payments to the president from foreign countries.

The plaintiffs in the case have a "decent shot" at getting "some of the tax returns," Mr. Cacace said.

He also indicated that the fight over the president's tax returns could be a blueprint for Congressional Democrats who are poised to seek the returns when they take control of the House in January.

"They will see how it turns out and see how to tailor questions in a way to get the information that is sought," Mr. Cacace told the publication.

Mr. Cacace, an experienced civil litigator, has written on the discoverability of tax returns in litigation.