Judge questions legal basis for Trump's $10 billion IRS lawsuit

U.S. District Judge Kathleen Williams asked whether there is a case if Trump, as president, is on both sides.

A federal judge is asking the Justice Department and President Donald Trump’s private attorneys to explain whether his $10 billion lawsuit against the Internal Revenue Service, an agency he oversees as president, is the type of dispute federal courts can hear.

Subscribe to read this story ad-free

Get unlimited access to ad-free articles and exclusive content.

In a Friday order, U.S. District Judge Kathleen Williams questioned whether an actual disagreement exists, writing that a case can only stand if there is “adverseness” between the parties.

“Typically, adverseness is found in a situation where one party is asserting its right and the other party is resisting,” Williams wrote. “Consequently, if there is no adverseness, there is no case or controversy.”