House Democrats have a pretty clear legal right to see Trump's tax returns. But can they make them public?
The Trump administration is pushing back against House Ways and Means Committee Chair Richard Neal's (D-Mass.) request for President Trump's tax returns, arguing it serves no legitimate policy purpose. The 1924 law Neal is using doesn't require a policy rationale, though Neal has provided one: monitoring how the IRS audits presidents' tax returns. (The last time Congress checked on a sitting president's taxes, Richard Nixon turned to owe the IRS about $477,000.)
Most tax-law experts agree Neal is on firm legal ground in demanding Trump's tax returns to view in private ("executive") session. Before 1924, "the president had the sole and unconditional right to obtain and disclose anyone's tax return information," University of Virginia law professor George Yin tells Vox. But after the Teapot Dome scandal, Congress decided "it had to have the same access to tax information as the president," to investigate the president and the executive branch.
In fact, "the only thorny legal question arises if the full Ways and Means Committee, after debate and a vote in executive session, were to authorize the dissemination of Trump's tax return into the public record of the House," University of Southern California law professor Edward Kleinbard writes in the Los Angeles Times. Unlike the president, who still has the right to view any taxpayer's returns, "tax law expressly permits" the Ways and Means Committee to publicly release such returns, with proper justification. "Does the Ways and Means Committee have a solid reason to put Trump's tax returns in the public House record?" Kleinbard asks. If we get to that point, "it turns out that the Republicans have poisoned their own well."
Subscribe to The Week
Escape your echo chamber. Get the facts behind the news, plus analysis from multiple perspectives.
Sign up for The Week's Free Newsletters
From our morning news briefing to a weekly Good News Newsletter, get the best of The Week delivered directly to your inbox.
From our morning news briefing to a weekly Good News Newsletter, get the best of The Week delivered directly to your inbox.
So "if Trump challenges a public release of his tax information in court," Kleinbard says, "he should fear that Republicans' 2014 political power move could color the outcome."
Sign up for Today's Best Articles in your inbox
A free daily email with the biggest news stories of the day – and the best features from TheWeek.com
Peter has worked as a news and culture writer and editor at The Week since the site's launch in 2008. He covers politics, world affairs, religion and cultural currents. His journalism career began as a copy editor at a financial newswire and has included editorial positions at The New York Times Magazine, Facts on File, and Oregon State University.
-
When will mortgage rates finally start coming down?
The Explainer Much to potential homebuyers' chagrin, mortgage rates are still elevated
By Becca Stanek, The Week US Published
-
Women are getting their own baseball league again
In the Spotlight The league is on track to debut in 2026
By Justin Klawans, The Week US Published
-
Giant TVs are becoming the next big retail commodity
Under the Radar Some manufacturers are introducing TVs over 8 feet long
By Justin Klawans, The Week US Published
-
Wyoming judge strikes down abortion, pill bans
Speed Read The judge said the laws — one of which was a first-in-the-nation prohibition on the use of medication to end pregnancy — violated the state's constitution
By Peter Weber, The Week US Published
-
US sanctions Israeli West Bank settler group
Speed Read The Biden administration has imposed sanctions on Amana, Israel's largest settlement development organization
By Rafi Schwartz, The Week US Published
-
Gaetz ethics report in limbo as sex allegations emerge
Speed Read A lawyer representing two women alleges that Matt Gaetz paid them for sex, and one witnessed him having sex with minor
By Peter Weber, The Week US Published
-
Biden allows Ukraine to hit deep in Russia
Speed Read The U.S. gave Ukraine the green light to use ATACMS missiles supplied by Washington, a decision influenced by Russia's escalation of the war with North Korean troops
By Peter Weber, The Week US Published
-
Sri Lanka's new Marxist leader wins huge majority
Speed Read The left-leaning coalition of newly elected Sri Lankan President Anura Kumara Dissanayake won 159 of the legislature's 225 seats
By Peter Weber, The Week US Published
-
Biden arrives in Peru for final summits
Speed Read President Joe Biden will meet Chinese President Xi Jinping, visit the Amazon rainforest and attend two major international summits
By Peter Weber, The Week US Published
-
Senate GOP selects Thune, House GOP keeps Johnson
Speed Read John Thune will replace Mitch McConnell as Senate majority leader, and Mike Johnson will remain House speaker in Congress
By Rafi Schwartz, The Week US Published
-
Trump tests GOP loyalty with Gaetz, Gabbard picks
Speed Read He named Matt Gaetz as his pick for attorney general and Tulsi Gabbard as director of national intelligence. Both have little experience in their proposed jurisdictions.
By Peter Weber, The Week US Published