I wonder what kind of logic a judge will use to deny this request.
The same logic most every lawyer employs.
Twisted.
I’m anxiously awaiting the textualists to explain why the plain text of law should be ignored in this case. Let me guess: because HER EMAILS!!!
I’m not clear from the article - what is the legal basis for the request?
“The panel’s chairman was able to make the request because of a 1924 law that gives the chairmen of the House Ways and Means Committee and the Senate Finance Committee broad powers to request and receive the tax returns of any American.”
House Ways And Means, that is.
Can’t edit: I repeated the name of the committee because I thought it was left out.
As per Chairman Neal’s letter, he states, “Pursuant to my authority under Internal Revenue Code section 6103(f),…”
From what I remember, this law/provision/statute was enacted because of the Teapot Dome scandal, which implicated not only the President, but the Secretary of the Treasury, who was the only person at the time authorized to see other people’s tax returns.
My prediction: The request will denied or ignored and, if necessary, the Republicans will try to find a way to assist the President in blocking this request.
Another prediction: Water will continue to be wet for the foreseeable future.
This is my opinion, and not speaking for Richard Neal, but I think Congress ought to ask some questions if a particular individual has been under IRS audit for their entire lives, as Trump makes it out to be. We shouldn’t stand for taxpayer harassment, so if his tax returns seem normal, Congress should tell the IRS to stop wasting its time with law-abiding Presidents.
So, I presume that the next step is for Senate Finance chair Oren Hatch to request House Ways and Means chair Richard E. Neal’s taxes under the same authority.
Thanks. Looked up the actual code based on the link you provided. This should be interesting.
Seems pretty straightforward actually and I wasn’t aware of this law. I wonder if executive privilege will be invoked.
I’d take that trade, so probably would Mr. Neal.
Executive privilege refers to the necessary secrecy for a President performing his official duties. Actions that occurred outside of his tenure do not qualify. Not even for Donald, of House Harkonnen, worst of his name…
I’m sure it would be, although it shouldn’t work. Particularly given that this statute was written with members of the Executive branch as targets in mind.
Or in theory the position of Secretary can be left vacant so no one could fill that request.
It’ll be ignored, but the House could censure and censure and censure. Trump and the Senate GOP are betting that people might not care that much, but there could be some bad optics by repeatedly refusing to show tax returns, particularly when most other presidential candidates and former presidents release their tax returns routinely. Releasing returns isn’t required, but it’s consistent with the principle of transparency. Have people in this country stopped caring about transparency? That might be the question to ask.
I don’t see how executive privilege has anything to do with the president’s tax returns. He’ll probably ignore the request, which in turn could prompt the House to threaten a censure or perhaps even a contempt charge - not that a sitting president can be indicted, though.
Anything that cannot not take money from him and/or remove him from office can and will be ignored.
I thought the request went to the IRS. Why does Trump have anything to do with it?
This. I recall hearing at some point that the head of the IRS has already said that after consulting with their own (the IRS’s) lawyers, if the request was found to not violate the law that they would release the requested record. The only way I see Trump could interfere is if he were to fire the head of the IRS and replace him or her with someone who would refuse to comply with the request.
ETA. Again I’m relying on my memory, but IIRC part of the law states that the documents have to remain private. If so then the Democrats need to make damn sure none of the information leaks.