In early 2019, after Democrats took over the House, the Oversight and Reform Committee issued a subpoena for the records from his accounting firm, Mazars USA, dating back to 2011 and separately requested copies of his tax returns from the Treasury Department.
The committee has said it is exploring whether and how to overhaul laws about financial disclosures by presidents; rules against presidents taking “emoluments,” or payments, especially from foreign governments; and standards for when presidents lease property from the federal government — like Mr. Trump’s leasing of the Old Post Office building in Washington, the site of the Trump International Hotel.
Mr. Trump has fought both efforts, including by filing a lawsuit against Mazars USA to block it from complying with the subpoena. While the Supreme Court eventually permitted the Manhattan district attorney’s office to obtain similar records, the litigation has thus far prevented Congress from seeing them.
Instead, the Supreme Court instructed lower courts to take another look based on a four-part test, including such factors as whether Congress could get the information elsewhere and whether the subpoena is no broader than necessary to meet a legislative objective.
The Trump Investigations
Card 1 of 6Numerous inquiries Since former President Donald Trump left office, there have been many investigations and inquiries into his businesses and personal affairs. Here’s a list of those ongoing:
Investigation into insurance fraud. The Manhattan district attorney’s office and the New York attorney general’s office are investigating whether Mr. Trump or his family business, the Trump Organization, engaged in criminal fraud by intentionally submitting false property values to potential lenders.
Investigation into tax evasion. In July 2021, the Manhattan district attorney’s office charged the Trump Organization and its chief financial officer with orchestrating a 15-year scheme to evade taxes. A trial in that case is scheduled for summer 2022.
Investigation into election interference. The Atlanta district attorney is conducting a criminal investigation of election interference in Georgia by Mr. Trump and his allies.
Investigation into the Trump National Golf Club. Prosecutors in the district attorney’s office in Westchester County, N.Y., appear to be focused at least in part on whether the Trump Organization misled local officials about the property’s value to reduce its taxes.
Civil investigation into Trump Organization. The New York attorney general, Letitia James, is seeking to question Mr. Trump under oath in a civil fraud investigation of his business practices.
One of the open questions is whether that so-called Mazars test is the standard by which the reissued subpoena should be assessed now that Mr. Trump is out of office. Mr. Norris argued that it should be since it is the same as the version issued while Mr. Trump was president.
Mr. Letter argued that the subpoena met the heightened test, but also said that it no longer applied since Mr. Trump was back among the “great unwashed” of the rest of Americans.
Hanging over the case is the issue of delay. Both in office and out, Mr. Trump has pursued a strategy of using the generally slow pace of litigation to run out the clock on congressional oversight efforts. The briefings and arguments scheduled for this round before the appeals court have already consumed four months since the appeal was docketed in mid-August.