Judge orders Trump, DOJ to justify why president’s $10B IRS lawsuit should proceed
President Trump Signs Executive Order At The White House (Photo by Tasos Katopodis/Getty Images)
(WASHINGTON) — A federal judge is raising concerns about whether Donald Trump’s attempt to sue the IRS for $10 billion can proceed, signaling she could throw out the case because the president oversees the government entities he is suing.
Judge Kathleen Williams raised the issue in an order on Friday denying a request to delay the case amid possible settlement talks.
She noted that Trump and the defendants — the Treasury Department and IRS — may not be “sufficiently adverse” to one another for the case to proceed.
“Moreover, although President Trump avers that he is bringing this lawsuit in his personal capacity, he is the sitting president and his named adversaries are entities whose decisions are subject to his direction. Indeed, President Trump’s own remarks about this matter acknowledge the unique dynamic of this litigation,” she wrote.
Williams ordered both Trump’s lawyers and the Department of Justice to submit briefs about why the case should proceed and set a hearing for next month. For the case to proceed, Trump’s lawyers and the DOJ need to establish that the lawsuit is “a dispute between parties who face each other in an adversary proceeding.”
“Typically, adverseness is found in a situation where one party is asserting its right and the other party is resisting,” she noted.
But with Trump in charge of the very government entities he is suing, Williams noted that the required adverse relationship between the parties may not exist. She added that Trump has signed multiple executive orders tightening the president’s control over the executive agencies like the Department of Justice.
“One such employee of the executive branch, the Attorney General, has a statutory obligation to defend the IRS when it is hailed into court, but then is ostensibly required by executive mandate to adhere to the President’s opinion on a matter of law in such a case. This raises questions over whether the Parties here are truly antagonistic to each other,” Williams noted.
Trump, his sons Eric Trump and Donald Trump Jr., and the Trump Organization filed a lawsuit against the Internal Revenue Service and Treasury Department in January related to the unauthorized disclosure of tax information during Trump’s first term.
A government contractor with the IRS pleaded guilty in 2023 to stealing the tax information of Donald Trump and other wealthy Americans and leaking it to media outlets in 2019 and 2020.
In a court filing last week, lawyers for the Trumps said that they were “in discussions” with the Department of Justice to potentially resolve the lawsuit and requested a deadline extension so they can “engage in discussions designed to resolve this matter and to avoid protracted litigation.”
The filing said both sides agreed to the 90-day extension. The Department of Justice had not yet responded to the lawsuit and faced an impending deadline this month.
The Trumps, in the suit, argued that the IRS and Treasury Department should have had “appropriate technical, employee screening, security, and monitoring” to prevent the theft of tax information.
A group of former government officials last month filed an amicus brief with the court to raise concerns about the ethics of the president suing his own government for billions.
“This case is extraordinary because the President controls both sides of the litigation, which raises the prospect of collusive litigation tactics,” the amicus filing said. “To treat this case like business as usual would threaten the integrity of the justice system and the important taxpayer and privacy protections at the heart of this case.”
Jacob Lake, Arizona, Burned trees from the Dragon Bravo Fire. The wildfire burned 145,000 acres on the north rim of the Grand Canyon and in Kaibab National Forest. (Photo by: Jim West/UCG/Universal Images Group via Getty Images)
(NEW YORK) — Several regions in the West could be facing worsening drought conditions, increased wildfire risk, and reduced water supplies due to record-breaking temperatures and minimal winter snowpack.
Much of the West has been coping with prolonged drought conditions that are now being worsened by historically low seasonal snowpack and persistent record-breaking temperatures. With mountain snowpack sharply reduced, the region’s water supplies are facing mounting challenges and elevated wildfire risk is occurring earlier than usual.
More than half of the West continues to experience drought conditions of varying intensity, according to the U.S. Drought Monitor. The ongoing drought was compounded by the region’s warmest winter on record, according to the National Oceanic and Atmospheric Administration (NOAA).
The drought and record-warm winter were followed by unprecedented, record-breaking heat in March, further intensifying conditions across the region.
Rounds of rain and mountain snow are expected to impact parts of the West in the coming weeks.
However, a full recovery is unlikely in the near term, meaning many detrimental impacts could persist, or even intensify, through the rest of the year. However, the long-term outlook remains uncertain, with the strength of the upcoming monsoon season and the potential development of El Niño and other influential factors.
Record low snowpack Every major river basin and state in the West is experiencing a snow drought, a period of abnormally little snowpack for the time of year, according to NOAA.
The snow drought has significantly worsened in recent weeks following the unprecedented record-breaking March heat in the region. Snowpack is a significant indicator of drought conditions but not the only one.
Many major river basins, including the Colorado River Basin, are experiencing record-low season-to-date snowpack levels. A key metric in assessing these conditions is snow water equivalent, the amount of water contained within the snowpack. It serves as a critical indicator of the West’s water supply, helping determine how much runoff will flow into rivers and reservoirs during the spring melt.
When there is a snow drought in the West, it means “there will be a lack of available water due to the low snowpack to meet the water supply demands of the critical economic sectors we have,” Jason Gerlich, regional drought early warning system coordinator for the NOAA-National Integrated Drought Information System, told ABC News.
While many areas received average or above-average precipitation in the fall and early winter, warmer temperatures led much of it to fall as rain rather than snow, resulting in unusually low snowpack, which typically acts as a natural reservoir.
“If winter precipitation is falling as rain instead of snow, our relationship with water in the West becomes even shakier,” said Casey Olson, a climate scientist with the Utah Climate Center. “A gallon of winter rain that immediately runs off downstream is not nearly as helpful come July as a gallon of snowpack that melts in April or May. They are not equivalent gallons of precipitation in terms of our ability to use them when we need them the most.”
Snowpack across the western United States typically peaks in late March or early April, marking a critical point in the region’s water supply outlook. While additional mountain snowfall remains possible through April, and in some higher elevations, into May, recovery to normal snowpack is not climatologically possible at this point, Gerlich noted.
Drought on its own already stresses water supplies, agriculture, and ecosystems. But when winter fails to deliver significant mountain snow, those impacts can intensify. In some states, up to about 75 percent of water supplies can come from melting snow, according to the USGS.
Mounting water supply concerns The Colorado River provides water for more than 40 million people and fuels hydropower resources in seven states: California, Arizona, Nevada, Colorado, New Mexico, Utah and Wyoming, according to the U.S. Bureau of Reclamation. Major reservoirs in the Colorado River Basin remain well below average, the agency’s latest data shows, heightening concerns about water availability across the region.
Lake Powell, the second largest reservoir in the United States, is one of them. Water levels have dropped roughly 7 feet so far this year and are forecast to continue a gradual decline through the months ahead. Despite the recent drop, the reservoir remains more than 8 feet above its record low set in April 2023.
However, current projections suggest that level could be approached, or even challenged again, by late summer if dry conditions persist.
Denver Water, the city’s public water utility, announced water restrictions for the first time since 2013 on Wednesday, seeking a 20% reduction in water use.
“The snowpack within Denver Water’s collection system has deteriorated significantly and continues to decline,” said Nathan Elder, Denver Water’s manager of water supply. “Snowpack levels in both basins are now the lowest observed in the past 40 years, with accelerated melting underway.”
Experts warn that restrictions are likely to expand in multiple states as the year progresses, barring significant changes.
Wildfire concerns increase; Long-term risk remains uncertain A large portion of the West will likely face an elevated wildfire risk this spring and summer driven by low snowpack, dry soils, and above-average temperatures, leaving vegetation drier and more flammable than usual.
However, experts say the long-term wildfire outlook for the region is less certain than it might seem and the risk could vary in intensity in the coming months, depending on conditions.
“Low snowpack and fire don’t have a one-to-one relationship, but low snowpack can lead to an early start to the fire season,” Gerlich said.
The record-breaking March heat further dried the landscape, priming it for wildfires earlier than usual. Parts of Colorado, Wyoming and New Mexico have already seen impactful wildfires this year. Experts say the long-term wildfire outlook hinges on how several key conditions develop over the next few months.
“One positive right now is that the last few years have resulted in limited growth of the fine fuels that are quick to burn, so that does help temper fire risk for areas in the West, however, the lack of snowpack this year presents conditions through the high timber forests where fire risk this summer could be very high,” Olson added.
The latest outlook from the National Interagency Fire Center shows an overall near-average risk of significant wildland fires across the West through May with a more widespread above-average risk unfolding across the Four Corners region, including parts of Colorado, New Mexico, Utah, and Arizona in June.
“The Southwest looks to continue with the warm and dry seasonal pattern. One source of optimism is for the possibility of an active monsoon pattern this summer,” said Olson. “An active monsoon system in general should provide some relief to portions of the Southwest states, the question remains exactly where that relief would focus, and we won’t have a good handle on that until later this spring.”
(SAN FRANCISCO) — A young mountain lion has been spotted prowling the streets of downtown San Francisco as officials have warned people in the area to take caution.
The San Francisco Department of Emergency Management issued an alert late Monday evening saying that the mountain lion was spotted in the Pacific Heights neighborhood near the intersection of Octavia Street and Pacific Avenue, just north of Lafayette Park.
One man walking his dogs, who spoke to ABC News’ San Francisco station KGO, said says he’ll be avoiding Lafayette Park for now.
“We love to see things like this like so much wildlife in the city. But a little bit concerned because you know little puppies. So we are not coming in until we know everything is safe,” said Manuel Cases, San Francisco resident.
City officials said, “if you see the mountain lion, slowly back away, do not run” and urged people to contact San Francisco’s Animal Care & Control if they see or come into contact with the animal.
DHS Federal Coordinator Jeff Brannigan speaks with ABC News at the Moscone Center in San Francisco. (ABC News)
(SANTA CLARA, Calif.) — There will be a “substantial law enforcement presence” in the Bay Area for the week leading up to Super Bowl Sunday, the man who is leading it all told ABC News.
“We have multiple command centers that we are operating as the federal government in concert with our local partners,” Jeff Brannigan, the Department of Homeland Security federal coordinator, told ABC News in an interview. “It’s a broad footprint with a lot of personnel. Some are uniformed and, very clearly, government officials of some way.”
Others are working behind the scenes, he said.
The Super Bowl is a SEAR 1 event, meaning there is extensive federal security coordination.
“The federal government has brought resources to bear to augment the security planning of the cities of Santa Clara, San Francisco and San Jose, and we have brought resources that those cities don’t necessarily have, and that really is a full-domain security posture to include air support, maritime support and support on the ground,” he said.
The federal government will have support from the FBI; the Bureau of Alcohol, Tobacco, Firearms and Explosives; the U.S Coast Guard; aerial assets from Customs and Border Protection; the Cybersecurity and Infrastructure Security Agency (CISA); and even a helicopter that scans for nuclear technology.
Brannigan said he couldn’t get into specifics, but that there are “hundreds of federal special agents from across the government,” working with local police departments to provide security for the event.
Brian Clark, the associate chief of operations for the Drug Enforcement Administration’s Pacific and Southwest region, said his agency is also providing support to state and local law enforcement in the area.
“For Super Bowl events, you have a lot of human trafficking that comes in,” he said. “You’ll also see a lot of drug trafficking that comes in the area for parties and things … So we would like to say for people to be aware, to have that conversation. Take this time, when you’re gathering with your friends and family, have that conversation about the dangers of fentanyl, because one pill, one time can kill.”
There are also law enforcement from outside the immediate area that are being brought in for “mutual aid,” Brannigan said.
Some of the concerns are lone wolf attackers, threats from drones and cyberattacks, he said.
“Oftentimes, people you know will see something and they want to dismiss it as that’s, ‘That’s my imagination,’ or ‘That’s not an issue,'” he said. “It is always better for members of the public to call the police and tell them about something they find suspicious, let the police investigate it, determine it isn’t an issue. But if you see something, say something.”
