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 Trumps 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 committees 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 Mnuchins 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 presidents 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 Chairmans request that Treasury turn over the Presidents tax returns, for the apparent purpose of making them public, amounted to an unprecedented use of the Committees 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 -
By Washington Post Staff
June 14 at 5:17 PM
The legal opinion argues that House Democrats intend to make the presidents 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
SHRED
(28,136 posts)BumRushDaShow
(129,103 posts)I expect that with Congress arguing "oversight" they could specifically point to the "Emoluments Clause" (in terms of a Constitutional argument as well).
sakabatou
(42,158 posts)mahatmakanejeeves
(57,490 posts)BumRushDaShow
(129,103 posts)mahatmakanejeeves
(57,490 posts)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)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)my number didn't get called for two hours and fifty minutes.
BumRushDaShow
(129,103 posts)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)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)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.
empedocles
(15,751 posts)mr_lebowski
(33,643 posts)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)If that is their argument then be it, just get them then prosecute.
dchill
(38,505 posts)SkatmanRoth
(843 posts)They all need to be impeached and arrested.
keithbvadu2
(36,829 posts)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?
Yo_Mama_Been_Loggin
(108,035 posts)meow2u3
(24,764 posts)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.
True Blue American
(17,986 posts)JudyM
(29,251 posts)Fortinbras Armstrong
(4,473 posts)we don't like what the recipients might do with them" as a genuine argument.