DOJ backs Mnuchin refusal to turn over Trump taxes, calls Democratic demand a pretext
The Justice Department published a legal opinion Friday backing up Treasury Secretary Steven Mnuchin's decision not to turn over President Trump's tax returns to Congress, arguing that House Democrats' demand for the information was unconstitutional. Assistant Attorney General Steven Engel argued in a 33-page memo that the demand, made under a law that grants the chairman of the House Ways and Means Committee the power to request tax returns from the Treasury secretary, is a pretext for making Trump's tax information public.
“Under the facts and circumstances, the Secretary of the Treasury reasonably and correctly concluded that the Committee’s asserted interest in reviewing the Internal Revenue Service’s audits of presidential returns was pretextual and that its true aim was to make the President’s tax returns public, which is not a legitimate legislative purpose,” Engel wrote. The administration, as well as Trump's lawyers, maintain that Congress does not have a right to review Trump's financial information. Engel echoed arguments made by Trump’s lawyers that the request lacks a legitimate legislative purpose and that Congress does not have the right to compel members of the executive branch to hand over confidential information — despite the fact that the law congressional Democrats cited was passed in the 1920s in response to a corruption scandal, the Teapot Dome Scandal, involving a Cabinet official.
Unauthorized disclosure of tax information is a felony punishable by up to five years in prison, though there may be procedural mechanisms for Congress to publish the information or conclusions of an investigation into Trump’s taxes using his returns. House Ways and Means Committee Chairman Richard Neal, D-Mass., has said that his purpose for the request is to have committee staff to privately review Trump's taxes to see if the IRS is auditing him and his businesses, as directed by an agency rule, as well as to investigate whether Trump and his businesses may have failed to pay all taxes over the last several years.
Controversy over Trump's taxes began during the 2016 campaign, when he became the first major party presidential candidate in decades to decline to release his tax returns. Past presidents have voluntarily disclosed their tax returns as a transparency measure, including former President Richard Nixon, who gave his tax returns to a congressional committee for their own independent audit. Neal has said he plans to sue the Treasury Department and IRS to enforce the request and a follow-up subpoena, setting up another court battle between Congress and Trump over the president's financial information.
https://www.washingtonexaminer.com/policy/economy/doj-says-democratic-request-for-trump-tax-returns-was-a-pretext
(Slip Opinion) Congressional Committee’s Request for the President’s Tax Returns Under 26 U.S.C. § 6103(f)
https://www.justice.gov/olc/file/1173756/download