In a 2-1 ruling Oct. 12, the U.S. Court of Appeals for the D.C. Circuit upheld the House Oversight Committee’s subpoena to Mazars USA for Trump’s records as a valid exercise of Congress’s broad investigative and lawmaking powers.

The House agreed to hold off on enforcing the subpoenas while Trump’s appeal is pending.

But in another of several legal battles over access to the president’s financial data, U.S. District Judge Trevor N. McFadden of the District of Columbia invited the government to update its earlier 500-plus page filing seeking to dismiss a lawsuit brought by the House Ways and Means Committee to enforce its subpoena for six years of Trump’s tax and audit records from the Treasury Department, in light of the fresh appellate court decision.

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In Wednesday’s 10-page brief, Justice Department attorneys wrote that the Mazars opinion should have no impact on McFadden’s reasoning because, they argued, the appeals court focused on the merits of whether the House’s subpoena to a private firm was legitimate and because the lawsuit was initially brought by Trump and several of his businesses as private parties challenging Congress’s powers.

In the pending case, Justice lawyers argued, the roles of the Congress and White House are reversed: The House is the one asking a federal court to take its side against the executive branch and faces greater legal barriers to showing that its subpoena for Trump’s tax returns does not violate the Constitution’s separation of powers.

However, legal experts say the Justice Department attorneys have taken an extraordinarily broad position, asserting that no House committee can ask a federal judge to enforce a subpoena on the executive branch, and that courts have no jurisdiction to weigh such claims.

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They have also argued that the House, before suing, had failed to exhaust a “constitutionally mandated accommodation process” to find alternative ways to satisfy its demands, and that neither a 1924 federal law that explicitly gives the chair of the House tax-writing panel authority to receive certain tax documents nor federal rulemaking legislation give Congress the right to sue.

Rep. Richard E. Neal (D-Mass.), chairman of the House Ways and Means Committee, filed a lawsuit in May against the Internal Revenue Service and the Treasury Department, alleging that it has not been able to carry out its duties overseeing the nation’s tax and auditing laws because Trump, unlike every elected president since Richard Nixon, has declined to voluntarily disclose his tax returns.