DOJ Tax news (at least rumor): David Hubbert, a long-time DOJ Tax attorney serving most recently as the Career Deputy Assistant Attorney General for Tax, has been removed from that position and assigned to the Sanctuary City Program (described to me in an email without the caps here, but I infer that caps are appropriate). I understand that these changes are effective February 17. All I know with reasonable assurance is that Hubbert is being removed from a position where he exhibited exceptional competence for tax litigation and leadership for litigation.
Since I do not know what the purported Sanctuary City Program is or Hubbert’s special competence to serve in any role in that Program, I cannot speak to the issue of what the United States’ needs are that Hubbert is the best DOJ or Trump can field for the position. Since Trump regularly trumpets his ability to pick the best for the positions his administration fills, perhaps someone with authority to speak can articulate a credible explanation for why this move is best for the United States.
In the meantime, the inference I draw is that the reason for this action is some real or perceived injury or slight or some such to Trump and/or some of his close allies or maybe some special real or perceived benefit DOJ Tax gave Trump's arch-enemy Joe Biden. I caution that that is my inference. Others may have different inferences; specifically more evidence-based inferences.
Perhaps the only reason we’ll ever get or be in a position to derive reasonable inferences is that Trump or the powers close to him are exercising the power to shuffle the administrative deck and remove and/or redeploy any part of it for any reason, for no reason, or for a completely false reason. (I suppose that would be based on the notion that the Constitution gives a President to do anything he wants, with statutory exemption compelled by the Constitution that reads APA § 706’s “arbitrary and capricious” requirement to not apply because Trump is, after all, the President.)
Added 2/11/25 2:30pm:
A good article on Hubbert's removal is Ben Penn, Erin Slowey, David Voreacos, Trump DOJ Forces Out Top Tax Enforcer in Civil Service Purge (1) (Bloomberg Law 2/11/25), here. One quote from the article:
“Dave Hubbert is one of the finest lawyers and people that I know,’' said Kathryn Keneally, former assistant attorney general for the Tax Division. “He did his job with integrity and political neutrality. His departure from the Tax Division is a loss to this country.”
I have been told that other "retirees" include: Eileen Schatz, TD ethics officer, the chief and assistant chief of Appellate, and Deb Meland, Chief of Eastern. I put in quote "retirees" because the only information I have is that they are retiring. I do not have any information that their retirements are related to the new administration's push to eliminate (i) those they believe are insufficiently loyal or (ii) those that the new administration has, in their view, done something which upset them.
ReplyDeleteI knew David during my tenure at DOJ. Hands down a total professional attorney, tax expert, and person. DOJ is less for his absence. The Tax Division was a meritocracy, and David was the prime example. Jerry Leedom
ReplyDeleteAlthough not Tax Division related, but of the same ilk, I offer some articles on resignations rather than surrender to political orders to do something wrong.
ReplyDeleteOrder to Drop Adams Case Prompts Resignations in New York and Washington
https://www.nytimes.com/2025/02/13/nyregion/danielle-sassoon-quit-eric-adams.html?unlocked_article_code=1.w04.VJNy.Z9I7VB6Uzhe_&smid=url-share
David Lat, S.D.N.Y. U.S. Attorney Resigns Over The Eric Adams Case (Original Jurisdiction 2/13/25)
https://davidlat.substack.com/p/sdny-us-attorney-danielle-sassoon-resigns-john-keller-kevin-driscoll-doj-quit-over-order-from-emil-bove-to-dismiss-eric-adams-indictment