Today, through an amended lawsuit in the U.S. District Court for the Eastern District of Virginia, NTEU challenged provisions of an immunity order that broadly grants immunity to the President, his family, and his family's business interests from tax audits. While other aspects of the settlement had previously been challenged in this lawsuit—and been subject of emergency relief that the district court granted—no claim had been brought against the sweeping tax auditing provisions that are widely believed to be illegal. The unlawful provisions require NTEU members to place themselves in an impossible position: defy a direct order and risk losing their job or carry out the illegal directive and violate their oath of office. So NTEU has stepped up to challenge those provisions.  

Our reasons for mounting this challenge are twofold. First, federal workers should not have to choose between following orders and following the law. That concern cuts across all the federal agencies that NTEU represents—not just the IRS. And here, as bipartisan experts have argued for months, the tax auditing provisions at issue in the settlement agreement are widely believed to be unconstitutional and unlawful under the Internal Revenue Code. Second, the unlawful auditing provisions make a mockery of our tax system. Everyone should be held to the same standards when it comes to complying with our tax laws and having that compliance audited if needed. You can read more about it in the amended complaint.  

NTEU’s priority has always been, and continues to be, protecting the employees we represent. An IRS employee who closes out audits or otherwise implements the illegal tax auditing provisions could face repercussions for that work in a future administration. But if they refuse to follow orders, they could face more immediate consequences, like discipline. IRS employees should not be forced to choose between performing a potentially illegal act and their job. No employee at an agency should be put in that position.

NTEU will always work, across every venue, to protect our members and the important work you do for all Americans.