Treasury Department rejects Dem subpoena for Trump tax returns

Treasury Secretary Steven MnuchinSteven Terner MnuchinFive questions about the next COVID-19 relief package Senate Republicans call on DOJ to investigate Planned Parenthood loans The Hill's Coronavirus Report: Surgeon General stresses need to invest much more in public health infrastructure, during and after COVID-19; Fauci hopeful vaccine could be deployed in December MORE on Friday defied a subpoena from House Democrats for President TrumpDonald John TrumpTrump anti-reg push likely to end up in court Biden set to make risky economic argument against Trump Hillicon Valley: Tech companies lead way on WFH forever | States and counties plead for cybersecurity assistance | Trump weighing anti-conservative bias panel MORE's tax returns, a move that's likely to trigger a court battle for the documents.

“We are unable to provide the requested information in response to the Committee’s subpoena,” Mnuchin said in a letter to House Ways and Means Committee Chairman Richard NealRichard Edmund NealHouse Democrats' bill would create a second round of direct coronavirus relief payments Lawmakers question why dead people are getting coronavirus checks Congress, Treasury tussle over IRS guidance on .2T COVID-19 package MORE (D-Mass.).

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Mnuchin reiterated in the letter that Treasury has determined that Neal's request "lacks a legitimate legislative purpose."

Both Mnuchin and Neal have said they think the dispute will be decided in the courts. Neal told reporters hours before Mnuchin sent his letter that Democrats “will likely proceed to court as quickly as next week."

In a statement issued after Mnuchin rejected the subpoena, Neal said he is "consulting with counsel on how best to enforce the subpoenas moving forward.”

Neal last week issued subpoenas for six years of Trump's personal and business tax returns — 2013 to 2018 — after Mnuchin rejected the chairman’s request for the documents under a statute that states that the Treasury Secretary “shall furnish” tax returns requested by the chairpeople of congress’s tax-writing committees, so long as information associated with any specific taxpayers is reviewed in a closed session.

Mnuchin and IRS Commissioner Charles Rettig had been given a deadline of 5 p.m. on Friday to produce the tax returns sought in the subpoenas.

Neal said in Friday's statement that the subpoenas should not have been needed in the first place because Treasury should have complied with his earlier requests.
 
"The law provides clear statutory authority for the Chair of the Ways and Means Committee to request and receive access to tax returns and return information," he said. "The law, by its terms, does not allow for discretion as to whether to comply with a request for tax returns and return information."

Democrats argue that the documents are needed for a legitimate legislative purpose.

Neal stated in his initial request for the tax returns that the Ways and Means Committee is conducting oversight and is considering legislative proposals relating to how the IRS audits presidents. But Mnuchin argued in a previous letter that Democrats’ main goal is to expose a political rival’s tax returns.

In his letter Friday, Mnuchin said that Treasury remains committed to providing the Ways and Means Committee with more information about the IRS's process for conducting mandatory audits of presidents.

Some Democrats and liberal groups want Congress take action to hold Mnuchin in contempt while also pursuing legal action in the courts.

“It is unconscionable for our country to have a Treasury Secretary who repeatedly shows us that he will continue to obstruct justice at every turn in order to do Trump’s bidding. Neither Mnuchin nor Donald Trump is above the law," Tax March Executive Director Maura Quint said in a statement after Mnuchin announced he was defying the subpoena.

Rep. Lloyd DoggettLloyd Alton DoggettProgressive lawmakers want Pelosi to postpone vote on T relief package Donald Trump is proposing attacks on Social Security and seniors; here is what we should do instead Democrats offer bill to undo business tax provisions in coronavirus law MORE (D-Texas), a senior member of the Ways and Means Committee, said in a statement Friday that "Congress shrinks its own power if it does not deploy its most credible remedy—inherent contempt.”

If Congress uses its inherent contempt powers, it could detain or fine administration officials who don't comply with their subpoenas.

But Neal told reporters Friday that he sees legal action as preferable to taking steps like a contempt vote.

"I think that the better option for us is to proceed with a court case," he said.

--Updated at 5:21 p.m.