Analysis: Unless Democrats invoke impeachment, there's a strong chance they'll lose this legal fight
The House Ways and Means Committee has now asked the Treasury Department for the president’s tax returns, which it has a legal right to do. And, according to the law, the Treasury Department “shall” comply.But there are overlays of constitutional law and political power that could, and I think likely will, thwart Congress’ effort to get Trump’s tax returns.
First, the law. While it is true that IRS Code 6103 appears to give the committee the power to get tax returns, the statute must be exercised in a way consistent with Congress’ constitutional authority. The Supreme Court has said Congress has broad authority to conduct inquiries but that its authority is not unlimited. In the 1881 case, the Supreme Court held that Congress can’t use its powers to delve into someone’s private financial matters unless there is a proper legislative purpose.
So the legal question will be: Is Congress’ purpose in seeking the president’s tax returns legitimate? As an initial matter, Congress cannot plausibly argue that it is exercising its impeachment authority, since House Speaker Nancy Pelosi and other Democratic leaders have explicitly disclaimed that the House is conducting an impeachment inquiry.
This is a substantial limitation, as courts have recognized that under our Constitution, Congress’ impeachment powers are vast and exclusive. Instead of invoking impeachment, though, the committee said in its letter to the IRS that its purpose in seeking the president’s tax returns included, but was “not limited to, the extent to which the IRS audits and enforces the federal tax laws against a president.
The administration would likely argue that this is not a legitimate reason to obtain all of the president’s business and tax returns since 2013, particularly because it could be accomplished without knowing the details of all of the president’s tax information. This argument would be bolstered by the fact that Congress has never obtained or even sought the tax returns of any other president.
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