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

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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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Executive privilege cant be invoked for tax returns. Nor can it be used to hide criminal activities.

Why is there always a catch? Is he going to invoke executive privilege? Count on it.

The provision of law for this is clear: you can’t release tax returns. IRS memos aren’t law.

He cannot evoke ex privilege over something that he is required to do as a private citizen.

People don’t get so excited, it’s an unsigned draft NOT a legal position... seriously now, you can wipe the drool off your faces

Don’t give them anything, Mr. President.

Confidential draft? Where TF do you jokes get your info?

Slowly, Trump loses his grip. Look how much we’ve learned in the time since his inauguration. Truth has a way of finding the light of day with men of such egos like this.

Well that’s what he’ll do.

So, it's a draft.

Always some crooked lawyer that weasels crooked politicians out of trouble.

No one cared how he made his money before 2016 this all 💩politics.

Once NY starts their own tax audit of his taxes and gives a copy of them to Congress, the IRS may need to share the federal returns with NY?

'Precisely who wrote the memo and reviewed it could not be learned.' So basically this is just gaslighting and you have no story.

You’re losing the narrative WAPO!

If Trump were not concerned to what his tax returns will reveal..he wouldn't be putting up such a battle to keep them secret. Country wants to see them and he needs to turn them over...and make sure all Presidential candidates in future.. must produce them as well

Fake News MAGA

All this for a distraction... he’s going to be declassifying a lot . They are desperate

Can a president use executive privilege to obstruct an investigation?

Um, obviously.

No one (Including the President) should have tax returns provided to a government body leaks and only wants them to destroy a duly elected President. The job of an IRS is to make sure the President pays his taxes and he does! This is not the job of the media to spin it with harm!

Memo says Captain Orange Queeg has to do something he doesn't want to do, unless he does something he isn't supposed to do. At which point- spoiler alert- he does the thing he isn't supposed to do. Rinse. Repeat.

PANIC AT THE DEMOCRATIC PLANTATION Majority of Americans approve of an investigation into the FBI and Deep State

Crooks!

Wait – if the memo was written last fall why don’t we have his tax returns? Why didn’t the IRS give them to Congress? This is it making any sense to me

Not real confidential now is it? Who is sleeping with who now? Hope nothing really important ever gets out. (Who leaks a draft anyway?)

Aaaand here comes the executive privilege.

So basically they’re not getting them unless President Trump says they can have them. Liberals always lose 😂

Trump intends to say never even if John Roberts arrives at his front doorstep withi a pair of handcuffs.

Why spend so much time & money. Just have an IRS employee read his tax returns at the IRS, and let a friend at congress know what is on them. Its not top secret classified information on there. I hope an IRS employee has access to them, because it better be in that IRS database.

1. Why was it confidential? 2. What could possibly be privileged about a tax return that was filed before he was president?

He will and make a dumbass excuse why he can’t release them

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