Platkin representing 93 House members challenging Trump’s proposed IRS settlement

Former New Jersey Attorney General Matt Platkin has filed an amicus brief representing 93 members of the U.S. House of Representatives in a lawsuit brought against the Internal Revenue Service by President Donald Trump.

Published reports say the IRS has agreed to settle the case by paying Trump and others $1.7 billion.

The lawmakers urge the federal court in the Southern District of Florida to dismiss the case as an unconstitutional “collusive lawsuit.” The brief argues that the lawsuit violates Article III of the Constitution because Trump, as President, effectively controls both sides of the litigation.

House members signing on to the Amicus brief include Minority Leader Hakeem Jeffries, Minority Whip Katherine Clark, and Democratic Conference Chairman Pete Aguilar.  None of the 93 signers are from New Jersey.

The filing is both a constitutional argument and a political attack, portraying the lawsuit as an abuse of presidential power designed to transfer taxpayer money to Trump and his allies.

Trump sued over the disclosure of his tax return information by former IRS contractor Charles Littlejohn, who leaked tax information affecting more than 400,000 taxpayers. Trump and related plaintiffs allegedly seek up to $10 billion in damages.

Littlejohn pleaded guilty to leaking Trump’s tax returns and was sentenced to five years in federal prison.

The proposed settlement described in public reports would be extraordinary and likely unprecedented in American history. According to the amicus brief, the Department of Justice has discussed resolving President Trump’s lawsuit against the IRS through a massive taxpayer-funded agreement.

The reported deal could include direct payments to Trump and the creation of a larger compensation fund for Trump allies who claim the Biden administration targeted them.

The lawmakers argue that this would effectively allow Trump to use federal agencies he controls to transfer taxpayer money to himself, his family, and political allies.  Platkin argues that such a settlement would violate the Constitution, including rules limiting how taxpayer money can be spent and restrictions on presidents personally benefiting financially from the federal government while in office.

Platkin is the lead attorney on the filing, along with other members of his firm, Democracy Defender Action, and a Miami firm, Rivero Mestre.  After leaving office in January, Platkin formed his own law firm with several top attorneys from the Department of Law and Public Safety.

The former attorney general’s role was first reported by Scott MacFarlane.