According to an unnamed IRS official who reviewed the situation, turning over those forms “is mandatory, requiring the Secretary to disclose returns, and return information, requested by the tax-writing Chairs.” The memo left Treasury Secretary Steve Mnuchin scrambling to explain how everything he’s been saying for weeks isn’t a giant lie, especially when his own department had already informed him that the law “does not allow the Secretary to exercise discretion in disclosing the information provided.”
Mnuchin, who spoke before the House Financial Services Committee, responded to a question from Democratic Rep. Jennifer Wexton by saying that he had only “looked at [the memo] literally on the way up here” and hadn’t had a chance to read it in full. Wexton asked Mnuchin if somebody made him aware that the memo states that the law does not require legislative purpose in order to release tax forms-- Mnuchin responded as follows:
"Again, I haven’t … Again, let me just say, uh, the legal advice that we’ve relied upon … and again, I understand that there’s three branches of government and when it comes to constitutional issues there could be different interpretations. And that’s why there’s a third branch of government to, uh ..."Uhhh, that would be a "yes"-- and if Mnuchin acted to block release of the tax returns despite knowing he had no legal authority to do so, that would constitute contempt of Congress. Tread carefully, Mr. Mnuchin.
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