But the incoming administration, which is due to take over Wednesday with Biden’s swearing-in, could simply hand the return over to Congress Democrats without Trump even knowing.
“All of this opens up the possibility of a renewed motion by the committee being granted without the defendants’ intervention or the possibility of their legal objections being heard,” say Trump’s lawyers.
They brought up the idea of the next government giving them a heads up if the Democrats keep searching for the records so they have a chance to challenge it in court.
That’s something Trump won in a separate lawsuit over a New York state bill that gives Congress Democrats access to Trump’s state returns. Although House Democrats have shown little interest in the bill, a federal judge agreed that Trump should be given the opportunity to fight such a request if lawmakers ever change their minds.
“A status conference would provide information on whether and how this case should continue,” says the file.