Biden's DOJ must confront what to do with outstanding cases in which it is defending Trump. [View all]
The first test could come Friday.
As the Biden administration begins to take shape, one key question President Joe Biden's Justice Department must confront is whether to continue defending Donald Trump, who relied on Department of Justice lawyers to fight some of his personal battles.
Friday may be the first test of how the Justice Department will handle some of these issues. Lawyers will be in court in Washington, DC, for a case involving the House Ways & Means Committee's attempt to obtain Trump's tax returns from federal agencies that have them. Trump broke with the tradition of a president voluntarily disclosing his tax returns.
At stake is whether the Biden administration will back out of legal proceedings making their way through the courts in which Justice Department lawyers under the former President tried to protect Trump and others.
The Senate has not yet set a hearing date for Biden's nominee for US Attorney General, Judge Merrick Garland, so it's not clear how quickly decisions on these cases will be made.
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