President Donald Trump on Thursday sought rehearing from the US Court of Appeals for the District of Columbia Circuit after a three-judge panel upheld a lower court ruling requiring the president’s accounting firm to comply with the subpoena issued by the Oversight Committee.
Trump based his request on Federal Rule 35, which permits rehearing if “the proceeding involves a question of exceptional importance” or “en banc consideration is necessary to secure or maintain uniformity of the court’s decisions.”
Like the Judge Neomi Rao’s dissenting opinion, Trump argues that the subpoena has an invalid law-enforcement purpose rather than a valid legislative one. Further, he claims that Congress cannot impose financial-disclosure requirements on a sitting president. He also raises separation of powers concerns that the committee lacks the statutory authority to subpoena the president’s financial records.