US treasury secretary Steve Mnuchin has failed to release Donald Trump's tax returns in time to meet a deadline demanded by House Democrats as the president continues to insist, incorrectly, that he cannot do so himself because his affairs remain “under audit”.
“The legal implications of this request could affect protections for all Americans against politically-motivated disclosures of personal tax information, regardless of which party is in power,” Mr Mnuchin wrote in a letter to House Ways and Means committee chairman Richard Neal.
He said the Department of Treasury respects lawmakers’ oversight duties and would make sure taxpayer protections would be “scrupulously observed, consistent with my statutory responsibilities” as the department reviews the request.
Mr Neal said in a statement that he “will consult with counsel and determine the appropriate response to the commissioner in the coming days.” Under the law, the IRS commissioner is required to provide access to any taxpayer’s returns when directed by the chairmen of the House or Senate tax-writing committees.
Mnuchin said Neal’s request raised important questions of “constitutional scope of congressional investigative authority, the legitimacy of the asserted legislative purpose, and the constitutional rights of American citizens.”
He quoted Capitol Hill Republicans in calling the request “Nixonian” and warned that it could set a precedent for disclosing personal tax information for political purposes.
Earlier Wednesday, Mr Trump weighed in, telling reporters that he won’t agree to release his returns while he is under audit.
The president said, “I would love to give them, but I’m not going to do it while I’m under audit.” The IRS says there’s no rule against subjects of an audit from publicly releasing their tax filings.
Neal asked the IRS last Wednesday to turn over six years of the president’s tax returns within a week. Mr Trump has broken with decades of presidential precedent by not voluntarily releasing his returns to the public.
The president has meanwhile called for an inquiry into the “attempted coup” against him, attacked the EU over Brexit on Twitter and marvelled at the sheer size of Texas on a trip to San Antonio.
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In a letter to House Ways and Means Committee Chairman Richard Neal, treasury secretary Steven Mnuchin said his department hasn't decided whether to comply with the demand and said the Treasury will consult with the Justice Department and "carefully" review the request further. Neal asked for Trump's returns a week ago.
"The legal implications of this request could affect protections for all Americans against politically-motivated disclosures of personal tax information, regardless of which party is in power," Mnuchin wrote.
He said the Treasury respects politicians' oversight duties and would make sure taxpayer protections would be "scrupulously observed, consistent with my statutory responsibilities" as the department reviews the request.
Earlier on Wednesday, Trump weighed in, telling reporters that he won't agree to release his returns while he is under audit.
"I would love to give them, but I'm not going to do it while I'm under audit," the president said, but the Internal Revenue Service (IRS) says there's no rule against subjects of an audit from publicly releasing their tax filings.
Neal asked the IRS last Wednesday to turn over six years of the president's tax returns within a week. Trump has broken with decades of presidential precedent by not voluntarily releasing his returns to the public.
The president's position has long been that he is under audit and therefore could not release his returns. But in recent weeks, he has added to the argument, saying publicly and privately that the American people elected him without seeing his taxes and would do so again.
"Remember, I got elected last time - the same exact issue," Trump said. "Frankly, the people don't care."
The president has told those close to him that the attempt to get his returns were an invasion of his privacy and a further example of the Democratic-led "witch hunt" - which he has called special counsel Robert Mueller's investigation - meant to damage him.
Trump has repeatedly asked aides about the status of the House request and has inquired about the "loyalty" of the top officials at the IRS, according to one outside adviser who spoke on condition of anonymity to discuss private conversations.
Neal has adopted a methodical approach to seeking Trump's returns. He has the option of eventually seeking to subpoena the records or to go to court if Treasury does not comply, but it's not clear he'll adopt a more confrontational approach just yet.
Neal's initial letter, sent a week ago, didn't lay out any consequences for the IRS if it didn't comply, and a spokesman said a likely course would be a second, more insistent, letter.
"We intend to follow through with this," Neal said on Wednesday. "I'll let you know fast."
The request for Trump's tax filings is but one of many oversight efforts launched by Democrats after taking back the House in last fall's midterms. Neal is relying on a 1920s-era law that says the IRS "shall furnish" any tax return requested by the chairmen of key House and Senate committees.
Mnuchin told lawmakers that his department will "follow the law," but he hasn't shared the department's interpretation of the statute.
"So the Mueller report, when they talk about obstruction we fight back. And do you know why we fight back?
"Because I knew how illegal this whole thing was. It was a scam.
"What I'm most interested in is getting started, hopefully the attorney-general, he mentioned it yesterday.
"He's doing a great job, getting started on going back to the origins of exactly where this all started.
"Because this was an illegal witch hunt, and everybody knew it. And they knew it too. And they got caught. And what they did was treason."
“Once we put the Mueller report to bed, once Barr comes to the committee and takes questions about his findings and his actions, and we get to see the Mueller report, consistent with law, then we are going to turn to finding out how this got off the rails,” Senator Lindsey Graham threatened in an interview with Fox News on 28 March, voicing the anger of many Trump loyalists.
Maryanne Trump Barry, an 82-year-old federal appeals court judge, filed her retirement papers in February, 10 days after a court official notified four complainants in the case the probe was “receiving the full attention” of a judicial conduct council.











