Trump lawyer asserts president's right to keep tax returns private

[Elderberry]

Houston Chronicle by Nicholas Fandos and Maggie Haberman 4/5/2019

President Donald Trump’s personal lawyer Friday asserted Trump’s right as a citizen to keep his tax returns private and told the Treasury Department not to hand the returns over to House Democrats, foreshadowing what has the potential to be a far-reaching legal fight that could reach the Supreme Court.

The lawyer, William S. Consovoy, argued that Democrats who have demanded to see Trump’s tax information had no legitimate legislative reason to request it and that Rep. Richard E. Neal’s decision this week to ask for six years of the president’s personal and business returns flouts “fundamental constitutional constraints.” He also called it a “gross abuse of power.”

“Even if Ways and Means had a legitimate committee purpose for requesting the president’s tax returns and return information, that purpose is not driving Chairman Neal’s request,” the lawyer wrote, referring to Neal, D-Mass., who leads the House Ways and Means Committee. “His request is a transparent effort by one political party to harass an official from the other party because they dislike his politics and speech.”

Consovoy’s views have no direct bearing on the case. The little-known tax code provision employed by the Democrats in demanding Trump’s returns says only that the Internal Revenue Service “shall furnish” the information, giving it and its parent agency, the Treasury Department, little leeway in deciding how to respond.

Democrats anticipate that the Trump administration could present an argument similar to the one made Friday by Consovoy, namely that Neal’s request lacks a legitimate legislative purpose and, based on past court precedent, must respect Trump’s right to privacy.

Nonetheless, the length and forcefulness of Consovoy’s letter underscores what is at stake for a president who has defied modern political norms by refusing to voluntarily release his tax returns. If Neal prevails and gains access to the president’s long-hidden returns, it would allow Democrats for the first time to peek past Trump’s public claims about his wealth and investments and into the heart of his personal and business finances.

The IRS and Treasury Department have given no indication of how they view the request since it was made Wednesday. Steven Mnuchin, the Treasury secretary, told Congress last month that he would consult with his legal team and follow the law when a request was made. He will most likely face questions about the request again next week when he returns to Capitol Hill to discuss the department’s budget.

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