Judge signals deep skepticism in buried footnote as Trump tries to sue his IRS for $10B

A federal judge signaled deep skepticism of President Donald Trump’s $10 billion lawsuit against the IRS, including with a buried footnote highlighting the unusual dynamics of the case.

In an order issued Friday, U.S. District Judge Kathleen M. Williams questioned whether the case can proceed at all, noting it is “unclear to this court whether the parties are sufficiently adverse to each other so as to satisfy Article III’s case or controversy requirement.”

Trump has sued the IRS and Treasury Department over alleged privacy violations, but the judge underscored that, as president, he effectively oversees the very agencies he is challenging.

That tension was laid out in a footnote within the four-page order, where Williams pointed to Trump’s own executive directives, which required executive branch employees — including those defending federal agencies in court — to adhere to the president’s legal interpretations.

“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,” she wrote Friday. “This raises questions over whether the parties here are truly antagonistic to each other.”

Williams also noted that the parties have already indicated they are in discussions to resolve the matter, even though no formal appearances have been filed by the defense. The judge ordered both sides to submit briefings by May 20 addressing whether a legitimate legal dispute exists, and set a hearing for May 27.