Confidential IRS memo says tax returns must be given to Congress unless executive privilege

[dalton99a]

https://www.washingtonpost.com/business/economy/confidential-draft-irs-memo-says-tax-returns-must-be-given-to-congress-unless-president-invokes-executive-privilege/2019/05/21/8ed41834-7b1c-11e9-8bb7-0fc796cf2ec0_story.html

Confidential draft IRS memo says tax returns must be given to Congress unless president invokes executive privilege
By Jeff Stein and Josh Dawsey
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 memo contradicts the Trump administration’s justification for denying lawmakers’ request for President Trump’s tax returns, exposing fissures in the executive branch.

Trump has refused to turn over his tax returns but has not invoked executive privilege. Treasury Secretary Steven Mnuchin has instead denied the returns by arguing there is no legislative purpose for demanding them.

But, according to the IRS memo, which has not been previously reported, the disclosure of tax returns to the committee “is mandatory, requiring the Secretary to disclose returns, and return information, requested by the tax-writing Chairs.”

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 that Mnuchin has cited for witholding the information.

“[T]he Secretary’s obligation to disclose return and return information would not be affected by the failure of a tax writing committee ... to state a reason for the request,” it says. It adds that the “only basis the agency’s refusal to comply with a committee’s subpoena would be the invocation of the doctrine of executive privilege.”

[UniteFightBack]

1. Why would executive privilege even apply to this? Of course the corrupt don will invoke it. nt

[dflprincess]

2. That would be my question. nt

[StarfishSaver]

4. It doesn't

And this internal memo shoots to hell their claim that the Treasury Secretary has discretion over whether to turn over the tax returns

[brer cat]

7. Thank you for helping us understand the legal implications of the daily shitshow

from trump land. I'm glad we have you on board for the ride.

[StarfishSaver]

8. Thanks!

[StarfishSaver]

3. I can't wait to see the transcript of the IRS lawyers trying to explain this to a judge

when they're in court trying to defend Mnuchin against contempt of Congress charges.

[fescuerescue]

11. doubtful that it will be in front of judge

If it's a confidential internal memo.

I want to see WHO wrote the memo. The IRS doesn't write memos. The people who work at the IRS do. Much will depend on who wrote it and what the context is.

It's reasonable to assume that different people in the IRS have differing opinions on how to handle this matter (and any other). Like any other organization, those opinions are shared and perhaps debated amongst themselves. The fact that is was simply leaked instead of being published by the IRS works AGAINST us, not for us.

This will be a big deal if it's an official opinion written by the right person in the IRS. If it's just internal discussions. Not so much.

[malaise]

5. Bit by bit they are cornering this asshole

I can't wait.

Get thee to the greatest page

[Sancho]

6. Even then, MF45 wasn't the "executive" for most of the returns that were requested....

[StarfishSaver]

9. Executive privilege protects communications between the president and his advisors

Tax returns ain't that.

[Yo_Mama_Been_Loggin]

10. K&R