Duncan Levin published an opinion essay in MS NOW analyzing President Donald Trump’s reported lawsuit against the Internal Revenue Service and the proposed settlement structure that would direct taxpayer funds toward claims by Trump allies.
In the piece, Levin argues that the litigation should not proceed in ordinary course while President Trump remains in office. Drawing on basic principles of separation of powers, institutional integrity, and litigation fairness, Levin writes that Trump cannot simultaneously control the executive branch, supervise the Department of Justice and the IRS, and act as a private plaintiff seeking a substantial financial recovery from the federal government.
The article explains why the appropriate course is to stay the lawsuit until Trump is no longer President, preserving the claim without allowing the sitting President to use the machinery of government to resolve his own civil litigation. Levin also addresses the broader danger of converting government settlement authority into what he describes as a taxpayer-funded vehicle for political allies and personal grievance litigation.
Read the full article in MS NOW.