On Monday, former United States (US) President Donald Trump filed an emergency application in the Supreme Court to prevent the House of Ways and Means Committee from accessing his tax returns from 2015 and 2020.
In a filing, Trump’s lawyers argued, “This case raises important questions about the separation of powers that will affect every future President,” further claiming that “the Committee’s purpose in requesting President Trump’s tax returns has nothing to do with funding or staffing issues at the IRS (Internal Revenue Service) and everything to do with releasing the President’s tax information to the public.”
We have been waiting 1,307 days for trump's tax returns, almost as long as the American Civil War. I've never given up. The Supreme Court should boot this latest trump delay and end the charade. https://t.co/BNMo70jUiB
— Bill Pascrell, Jr. 🇺🇸🇺🇦 (@BillPascrell) October 31, 2022
The Democratic-led House Committee had requested Trump’s tax returns in 2019 as part of its assessment of whether the IRS was performing the annual presidential audits appropriately or whether it required new legislation. However, then-Department of Treasury Secretary Steven Mnuchin denied their request, calling it a “pretext” to go through Trump’ personal finances and a violation of personal taxpayer law.
Subsequently, House of Ways and Means Committee Chairman Richard Neal, a Democratic Representative of Massachusetts, filed a lawsuit against Trump in July 2019, following which Federal District Court Judge Trevor McFadden, a Trump appointee, ruled in favour of the Committee in December 2021.
The Department of Justice also agreed with the Committee in July 2021, saying that it had “invoked sufficient reasons.”
BREAKING: Trump LOSES bid to have full DC Circuit stop IRS release of his tax returns to House Ways & Means Committee, which is now set to get the returns next week.
— Tristan Snell (@TristanSnell) October 27, 2022
Trump can still try to get Supreme Court to get intervene. Unlikely.
The House is getting Trump's tax returns.
However, Trump appealed at the US Court of Appeals for the District of Columbia Circuit, which refused his request in August, citing that the Committee had a “legitimate legislative purpose.” “Congressional investigations sometimes expose the private information of the entities, organisations, and individuals that they investigate,” the three-panel judge stated, adding, “This does not make them overly burdensome. It is the nature of the investigative and legislative processes.”
It also noted that “every president takes office knowing that he will be subject to the same laws as all other citizens upon leaving office,” adding, “At this stage, it is not our place to delve deeper than this.” When Trump appealed the order, the full bench of the appellate court also dismissed the case last week, allowing the Committee to gain access to his tax returns on Thursday.
🚨 🚨 🚨 JUST NOW: The DC Circuit has yet again cleared the way for our Committee to review Trump's tax returns.
— Ways & Means Committee (@WaysMeansCmte) October 27, 2022
Read Chairman @RepRichardNeal's full statement⤵️https://t.co/aDg93tQrrJ pic.twitter.com/KhBkqxrRoR
Following the Thursday judgement, Chairman Neal asserted, “The law has always been on our side,” adding, “Former President Trump has tried to delay the inevitable, but once again, the Court has affirmed the strength of our position. We’ve waited long enough—we must begin our oversight of the IRS’ mandatory presidential audit program as soon as possible.”
In a last-ditch attempt to overturn the lower court’s order, Trump’s lawyers asserted, “No Congress has ever wielded its legislative powers to demand a President’s tax returns,” adding that making his tax returns public would cause “irreparable harm.”
The fact that Trump has fought tooth and nail for years to keep his tax returns private—while other presidents going back decades have had no problem releasing theirs—really makes you wonder what Trump is hiding.
— Robert Maguire (@RobertMaguire_) October 31, 2022
Trump has been unwilling to make his tax returns public ever since he began his presidential campaign in 2015.
If the Supreme Court decides in favour of Trump and issues a stay order on Wednesday, the House Committee could be forced to wait for years before getting his tax returns. Moreover, if the Republicans win the mid-term elections next week, it is likely that the new House Committee would drop the case.