Welcome to DU! The truly grassroots left-of-center political community where regular people, not algorithms, drive the discussions and set the standards. Join the community: Create a free account Support DU (and get rid of ads!): Become a Star Member Latest Breaking News General Discussion The DU Lounge All Forums Issue Forums Culture Forums Alliance Forums Region Forums Support Forums Help & Search

BumRushDaShow

(129,103 posts)
Fri Jun 14, 2019, 05:21 PM Jun 2019

Justice Dept. issues memo backing Mnuchin's refusal to give Trump's tax returns to Congress

Source: Washington Post




The Justice Department on Friday released its legal rationale for refusing to provide President Trump’s tax returns to Congress, arguing that House Democrats want to make the documents public, which “is not a legitimate legislative purpose.” Treasury Secretary Steven Mnuchin had refused to hand the documents over early last month, writing in a letter to House Ways and Means Committee Chairman Richard E. Neal (D-Mass.) that the committee’s demand was “unprecedented” and could “have lasting consequences for all taxpayers.”

After getting legal advice from the Justice Department, Mnuchin said he had determined the request should be refused. A spokesperson for the Ways and Means Committee said Friday evening officials were reviewing the opinion. Legal analysts have said Mnuchin’s move would be highly unusual, and some House Democrats have said they expected to take legal action to get a court to intervene. A confidential IRS legal memo obtained by The Washington Post says tax returns must be given to Congress — unless the president were to assert executive privilege, which he has not done in this instance.

The fight over the president’s tax records is one of several ongoing battles between congressional Democrats and the White House over access to documents and witnesses, matters that seem destined to end up in court.

“The Chairman’s request that Treasury turn over the President’s tax returns, for the apparent purpose of making them public, amounted to an unprecedented use of the Committee’s authority and raised a serious risk of abuse,” Assistant Attorney General Steven A. Engel wrote in a 33-page memo dated Thursday. “Congress could not constitutionally confer upon itself the right to compel a disclosure by the Executive Branch of confidential information that does not serve a legitimate legislative purpose.”

Read more: https://www.washingtonpost.com/world/national-security/justice-dept-issues-memo-backing-mnuchins-refusal-to-provide-trumps-tax-returns-to-congress/2019/06/14/3c8b3376-8ee7-11e9-b08e-cfd89bd36d4e_story.html





Original article and headline -

Justice Dept. issues legal opinion backing Mnuchin’s refusal to turn over Trump’s tax returns to Congress

By Washington Post Staff
June 14 at 5:17 PM

The legal opinion argues that House Democrats intend to make the president’s tax returns public, “which is not a legitimate legislative purpose.”

Treasury Secretary Steven Mnuchin, in refusing to provide lawmakers with the documents, had called the request “unprecedented” and one that could “have lasting consequences for all taxpayers.”

This is a developing story. It will be updated.

https://www.washingtonpost.com/news/politics/wp/2019/06/14/justice-dept-issues-legal-opinion-backing-mnuchins-refusal-to-turn-over-trumps-tax-returns-to-congress/?utm_term=.7aad22ef6234
22 replies = new reply since forum marked as read
Highlight: NoneDon't highlight anything 5 newestHighlight 5 most recent replies
Justice Dept. issues memo backing Mnuchin's refusal to give Trump's tax returns to Congress (Original Post) BumRushDaShow Jun 2019 OP
Who will stop them from refusing? SHRED Jun 2019 #1
Well I think they are setting it all up to go to court BumRushDaShow Jun 2019 #4
So we can't look to see if there's been financial wrongdoing sakabatou Jun 2019 #2
It pays to stay late at work. Thanks. mahatmakanejeeves Jun 2019 #3
Buh buh buh TGIF? BumRushDaShow Jun 2019 #5
I got to work late. REALLY late. mahatmakanejeeves Jun 2019 #10
Yikes. BumRushDaShow Jun 2019 #12
Once they called my number (it's like bingo), I got through in ten minutes. But mahatmakanejeeves Jun 2019 #13
Been there done that BumRushDaShow Jun 2019 #14
They ask for your life History True Blue American Jun 2019 #20
Trump's Justice Dept needs renamed Panich52 Jun 2019 #6
barr seems to have a trump chain around his . . . empedocles Jun 2019 #7
Okay, then, so if Congress doesn't actually release them verbatim to the public ... mr_lebowski Jun 2019 #8
Ok, Democrats now need to promise they will not make them public Perseus Jun 2019 #9
China, if you're listening... dchill Jun 2019 #11
Criminal Trump is protected by criminal Mnuchin and both have no fear criminal Barr will take action SkatmanRoth Jun 2019 #15
Make the promise as valid as Trump's promise to pay NK $2million for Otto Warmbier's Care keithbvadu2 Jun 2019 #16
Beer Belly Barr fails to realize he's not Trump's personal attorney. Yo_Mama_Been_Loggin Jun 2019 #17
They won't get anywhere in court meow2u3 Jun 2019 #18
I do hope they find one. True Blue American Jun 2019 #21
All these lawyers should be ashamed, but they're beyond that. Still, their vows are pure bull crap. JudyM Jun 2019 #19
I have trouble accepting "we won't turn over the documents because Fortinbras Armstrong Jun 2019 #22

BumRushDaShow

(129,103 posts)
4. Well I think they are setting it all up to go to court
Fri Jun 14, 2019, 05:26 PM
Jun 2019

I expect that with Congress arguing "oversight" they could specifically point to the "Emoluments Clause" (in terms of a Constitutional argument as well).

mahatmakanejeeves

(57,490 posts)
10. I got to work late. REALLY late.
Fri Jun 14, 2019, 05:34 PM
Jun 2019

My driver's license is about to expire. I decided to go to the DMV on the way to work.

It took me three hours to get out of there.

Bonus: I didn't have the necessary forms to get one of those new driver's licenses that you can use to board flights in the near future. I ended up with a terrorist-grade driver's license.

BumRushDaShow

(129,103 posts)
12. Yikes.
Fri Jun 14, 2019, 05:36 PM
Jun 2019

Well at least you got it taken care of... But yeah, if you go to those places at the wrong time then you're in there for hours.

Not much longer...

mahatmakanejeeves

(57,490 posts)
13. Once they called my number (it's like bingo), I got through in ten minutes. But
Fri Jun 14, 2019, 05:37 PM
Jun 2019

my number didn't get called for two hours and fifty minutes.

BumRushDaShow

(129,103 posts)
14. Been there done that
Fri Jun 14, 2019, 05:46 PM
Jun 2019

although not as long as that for a driver's license but did wait even longer than that to get my Social Security records corrected.

True Blue American

(17,986 posts)
20. They ask for your life History
Sat Jun 15, 2019, 08:16 AM
Jun 2019

Notarized Birth Certificate
Marriage License
Social Security card
2 Utility bills
No copies, notarized except the Utility.

That is 4, i know there were 6. This was to get mine replaced.

Panich52

(5,829 posts)
6. Trump's Justice Dept needs renamed
Fri Jun 14, 2019, 05:28 PM
Jun 2019

Legslly, their argument has no basis since the statute doesn't mention anything about legislative purpose. Unless fears about his SCOTUS picks being 100% ideological & partisan are true, courts will have no choice but to force Mnuchin to hand them over.

 

mr_lebowski

(33,643 posts)
8. Okay, then, so if Congress doesn't actually release them verbatim to the public ...
Fri Jun 14, 2019, 05:32 PM
Jun 2019

Then DoJ has no objection?

Great. Go ahead and compromise, House Committees. It's not THAT important that they be publicly released outright, it's far important you're able to do your legislative work by reviewing them.

If something criminal is found in them, however, that would obviously change the equation, in terms of what the public may come to find out about what's in them.

That's the one major thing Congress must NOT sign off on in order to get them.

Or ... just go win it in Court ... AGAIN.

 

Perseus

(4,341 posts)
9. Ok, Democrats now need to promise they will not make them public
Fri Jun 14, 2019, 05:32 PM
Jun 2019

If that is their argument then be it, just get them then prosecute.

SkatmanRoth

(843 posts)
15. Criminal Trump is protected by criminal Mnuchin and both have no fear criminal Barr will take action
Fri Jun 14, 2019, 06:10 PM
Jun 2019

They all need to be impeached and arrested.

keithbvadu2

(36,829 posts)
16. Make the promise as valid as Trump's promise to pay NK $2million for Otto Warmbier's Care
Fri Jun 14, 2019, 06:19 PM
Jun 2019

Make the promise as valid as Trump's promise to pay NK $2million for Otto Warmbier's Care

https://splinternews.com/trump-apparently-stiffed-north-korea-on-promised-2-mil-1834370613

As valid as Trump's contractual obligations to his contractors, vendors, and employees.

As valid as his promise to release his tax returns.

Specified in just that manner.

Would Trump object?

meow2u3

(24,764 posts)
18. They won't get anywhere in court
Fri Jun 14, 2019, 09:40 PM
Jun 2019

Given that the law clearly states that the IRS commissioner MUST fork over tax returns to the chair of the Ways and Means Committee upon written request--and that same law doesn't mention anything about a legitimate legislative purpose--the OLC was issuing nothing but Trump-dictated political talking points and tried to pass it off as a legal opinion.

Only a bought-off, corrupt judge would go along with nonsense masquerading as a legal opinion.

Fortinbras Armstrong

(4,473 posts)
22. I have trouble accepting "we won't turn over the documents because
Sun Jun 16, 2019, 05:48 AM
Jun 2019

we don't like what the recipients might do with them" as a genuine argument.

Latest Discussions»Latest Breaking News»Justice Dept. issues memo...