Federal judge on Trump: ‘He could be a sitting president again’

"If this drags out, for all we know he could be a sitting president again," Judge Karen Henderson said.

Updated: March 25, 2022 - 9:04pm

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A Reagan-appointed federal appellate judge suggested that former President Donald Trump could return to the Oval Office as she considers a case regarding the release of his tax returns.

"We have a situation that involves a sitting President and a former President," said Judge Karen Henderson of the U.S. Court of Appeals for the D.C. Circuit, according to CNN. "If this drags out, for all we know he could be a sitting president again."

Henderson is one of three judges on the appeals court that is considering whether a Trump-appointed lower court judge was correct in throwing out the former president's attempt to block the House Ways and Means Committee from obtaining both his and his business' IRS records.

The lower court judge, Trevor McFadden, noted that the separation of powers between the judiciary and the legislative branches prevented the court from blocking Congress' attempt to obtain Trump's tax returns.

However, the appeals court focused on the separation of powers between the executive branch and Congress, and whether this should determine if the legislative branch can get the former president's IRS records.

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