A federal judge is holding up Donald Trump’s $10 billion lawsuit against the IRS and the Treasury Department until his lawyers can convince her it’s legal for a president to take his own federal agencies to court for money.
Trump is the ultimate boss of the agencies he’s suing, so there doesn’t appear to be any real “adversary,” as required by courts, noted Judge Kathleen Williams of the Southern District of Florida, where the suit was filed.
In this case, that would mean no one is legitimately arguing on behalf of the public interest. “There must be an honest and actual antagonistic assertion of rights by one individual against another, which is neither feigned nor collusive,” she added, quoting a previous decision.
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