The memo, written last fall by an Internal Revenue Service attorney, contradicts the Trump administration’s justification for denying the president’s tax returns to lawmakers.
By Jeff Stein and Jeff Stein Economic policy reporter Email Bio Follow Josh Dawsey Josh Dawsey Reporter covering the White House Email Bio Follow May 21 at 6:46 PM A confidential Internal Revenue Service legal memo says tax returns must be given to Congress unless the president takes the rare step of asserting executive privilege, according to a copy of the memo obtained by The Washington Post.
The 10-page document says the law “does not allow the Secretary to exercise discretion in disclosing the information provided the statutory conditions are met” and directly rejects the reason Mnuchin has cited for withholding the information. Executive privilege is generally defined as the president’s ability to deny requests for information about internal administration talks and deliberations.
The spokesman said the secretary is following a legal analysis from the Justice Department that he “may not produce the requested private tax return information.” Both agencies have denied requests for copies of the Justice Department’s advice to Treasury. “The memo writer’s interpretation is that the IRS has no wiggle room on this,” Hemel said. “Mnuchin is saying the House Ways and Means Committee has not asserted a legitimate legislative purpose. The memo says they don’t have to assert a legitimate legislative purpose — or any purpose at all.”
Trump has told advisers he will battle the issue to the Supreme Court, according to people familiar with the matter. Trump recently has argued that the tax returns were an issue in the 2016 election but that because he won they should no longer be of concern.
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