How to Get Trump’s Tax Returns—Without a Subpoena

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How to Get Trump’s Tax Returns—Without a Subpoena
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A 1924 law suggests Democrats can sue the Treasury Department if it doesn’t turn over the president’s taxes

to Ways and Means Committee Chairman Richard Neal, Treasury Secretary Steven Mnuchin again refused Neal’s request that the IRS turn over several years of Trump’s personal and business tax returns. Neal, Democrat of Massachusetts, says the purpose of his request is congressional oversight. Mnuchin dismisses this explanation as contrived and contends that Neal’s real purpose is “to expose the president’s tax returns for the sake of exposure,” which Mnuchin claims is illegitimate.

If Mnuchin continues to refuse the request for Trump’s tax information, Neal has two possible paths to follow. One—invoking Congress’ general investigative power and issuing a subpoena to get the tax information—will present the question of what Neal’s purpose is. The other—suing Mnuchin for not complying with the 1924 law—might not, based on both the language and background of the law.

Congressman John Nance Garner of Texas, the Democratic ranking member of the House Ways and Means Committee, made the critical argument on the House floor that triggered creation of the new law. Under the law at the time, Garner complained, Congress couldn’t even obtain the congressman’s own tax returns without the president’s permission.

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