New court filing argues Trump's $10B lawsuit against the IRS is unconstitutional

Court-appointed federal attorneys filed a blistering brief Wednesday arguing that President Donald Trump's $10 billion lawsuit against the IRS may be unconstitutional, since Trump effectively controls both sides of the case.

The 24-page brief states: "A sitting President seeks monetary damages for alleged harm to his personal interests from an executive agency that he controls."

Trump filed the lawsuit in January, claiming the IRS failed to protect his tax returns from a contractor leak to the New York Times. The constitutional doctrine of "dominus litis" prohibits courts from rendering judgments when one party controls both sides.

Trump already fired IRS Commissioner Billy Long in August 2025 without explanation, thus demonstrating his control.

The DOJ's unusual cooperation with Trump — skipping standard adversarial arguments and moving directly to settlement talks —raises concerns that attorneys are "operating at the President's direction."

Trump simultaneously pursues two additional $230 million claims against his own Justice Department over the FBI investigation and Mar-a-Lago raid, reported New Republic.

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