Law Requires Mnuchin to Turn Over Trump’s Taxes, or go to prison

dublinbay z6 (KS)

Trump thinks presidents don't have to obey the law--but the tax laws don't agree with him!

Wonder how long he and Mnuchin can stall before they lose their offices and/or are hauled off to jail.

You've got to admit--that would be good TV!

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"Donald Trump and his top White House aide declare that the administration will not give the president's tax returns to Congress, as required under a 1924 anti-corruption law. But both the Treasury secretary and the tax commissioner have been much more nuanced, saying that they will obey the law even as they delay actually doing so.

I know why Treasury Secretary Steve Mnuchin and Charles Rettig, the IRS commissioner, are so cautious. They don’t want to be removed from office and sent to prison for five years just for doing Trump’s bidding.

[. . .]

Under Section 6103 of our tax code, Treasury officials “shall” turn over the tax returns “upon written request” of the chair of either congressional tax committee or the federal employee who runs Congress's Joint Committee on Taxation. No request has ever been refused, a host of former congressional tax aides tell me.

There is, however, a law requiring every federal “employee” who touches the tax system to do their duty or be removed from office.

The crystal-clear language of this law applies to Trump, acting White House Chief of Staff Mick Mulvaney, Mnuchin and Rettig, federal employees all.

The law says all of them "shall" be removed from office if they fail to comply with the request from Representative Richard Neal, the Massachusetts Democrat who chairs the House Ways and Means Committee.

[. . .]

Another provision in our tax code, Section 7214(a), provides that “Any officer or employee of the United States acting in connection with any revenue law of the United States… who with intent to defeat the application of any provision of this title fails to perform any of the duties of his office or employment… shall be dismissed from office or discharged from employment and, upon conviction thereof, shall be fined not more than $10,000, or imprisoned not more than 5 years or both.”

All that Neal must do is make a request in writing that falls within the committee’s tax law and IRS oversight duties. Neal’s carefully articulated reasoning and requests for specific tax returns and related tax information in his April 3 letter easily meets that standard.

[. . . ]

Keep in mind that Trump lost two income tax fraud civil trials over his 1984 New York state and city tax returns, as recounted in my 2016 book The Making of Donald Trump.

He is also a confessed sales tax cheat, prompting Mayor Ed Koch of New York to say that Trump should have served 15 days behind bars for his crimes."

https://www.yahoo.com/news/law-requires-steven-mnuchin-turn-231705404.html

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So I guess we will actually get to find out what's in Trump's tax returns--sooner or later! I just hope it will be worth the wait!

Kate

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Comments (21)
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annie

I don't see Mnuchin taking a bullet for trump.

He would be afraid of losing his trophy wife while in prison.

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Joaniepoanie

Won't Trump just pardon them?

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MissMyGardens

Mnuchin and IRS people are trying to stall until Trump's lawyers tie it up in court so they don't have to make a constitutional choice and incur Trump's wrath.

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Louise McCarthy

Lord, I sure hope so. Allow the WH idiot to leave and go live somewhere else. I am sure Russia would take him in. He could pretend to be a billionaire there as easy as he does here.

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nancy_in_venice_ca Sunset 24 z10

Good thing that Mnuchin is in the spotlight on this issue because we know without it "legal" is a foreign term to him.

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mrskjun(9)

By the time this reaches the Supreme Court we will be in the next presidential term Deep breath.

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cait1

dems are looking extremely desperate with all their fishing expeditions.

The biggest mistake was thinking Hillary would never lose.

RussiaRussiaRussia turned out to be their biggest nothing burger.

Now they're using an obscure IRS code that was put in place because an actual scandal happened.... except there are no scandals with Trump. They are looking to create a scandal. I did not know it was Congress' job to create scandals. I wish someone would show me where Congress have that authority in the Constitution.

There is this:

"But, as University of Virginia law professor George Yin
explained, “All of this is subject to uncertainty because the law is
very limited on this authority
.” While the Ways and Means Committee
should be able to complete the request without “any provocation or
condition or limitations” from the Treasury, there’s not much
jurisprudence to fall back on—which means plenty of gray area for Trump
administration lawyers to kick up dust. The provision has “been rarely
used, and the times that it has been used, as far as I know, there has
never been any controversy about compliance. [If] a request was made,
that request is fulfilled,” Yin continued. “And so in our current
situation people are imagining the exercise of the authority and what
happens if the secretary of the Treasury refuses.” Notably, there is no
rule that provides Mnuchin with a set time line to comply
.

The murkiness of the law, along with the lack of precedent, complicates
the Democrats’ quest. “Does Congress have a legitimate purpose to
actually get the returns?”
University of Iowa law professor Andy Grewal
asked rhetorically, referring to the sort of questions Trump
administration lawyers might ask. If not, he said, “That implies that,
whatever the statute may say, this might be unconstitutional.
”"

https://www.vanityfair.com/news/2018/12/donald-trump-democrats-tax-returns

I don't believe the American people will be very happy with a dem controlled Congress that spends all its time trying to take down a sitting president unless that is exactly why they were voted in. I doubt all Americans who voted 'dem' had that in mind.

dems are playing a very stupid game and they aren't protected like they were in the past. We have the internet now and don't rely on CNNMSDNCNYTWaPOS propaganda for our news.

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vgkg Z-7 Va(Z-7)

Yes we know all to well trumpsters main source of choice for their propaganda.

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Annie Deighnaugh

....except there are no scandals with Trump...

In what Universe?!?! No scandals with trump??? Just a few off the top of my head...

  • Abuse of power: trying to strong arm the postmaster general into charging more to amazon as a way to get back at Bezos/WaPo
  • Obstruction of justice: firing comey and purging the FBI of those comey gave contemporaneous reports to of trumps demands for stopping the investigation into flynn and demanding loyalty, pressuring and firing sessions, trying to get mueller fired, etc.
  • Unindicted co-conspirator in a campaign finance violation to pay off chippies hush money
  • Scandal/corruption plagued administration including mnuchin, price, shulkin, pruitt, zinke, carson, ross, perry, icahn, fitzgerald...not to mention the growing list of felons including cohen, flynn, manafort, gates, etc.
  • Investigations into the funding for his inauguration including millions disappearing mysteriously into the coffers of melania's friend
  • Handing out security clearances to over 2 dozen people against advice of experts/holding open air strategy meetings at mar-a-lago, not to mention the role of the chinese madam/spy operating there, using unsecured phones and communications, inviting russians into the wh and then spilling code-level info to them, etc.
  • Bribery with foreign governments and corporations trying to curry favor with the administration by spending big bucks at trump properties
  • More bribery with tit for tat with foreign govts such as turning a blind eye to the murder of khashoggi and using US funding/weaponry to create the largest famine on earth and offering up nuclear technology in return for bailing out the kushner 666 building disaster
  • Violation of the FCPA by bribing putin with the multi-million dollar penthouse suite in return for allowing trump moscow tower to go forward
  • Using the trump foundation for personal gain, pay to play, tax evasion, etc.

I could go on...heck, I didn't even mention russia and the election influencing to benefit trump or his support for white nationalists...but I hope this is enough to give you a sense of what's going on in this Universe.

trump is *the* most scandal plagued administration in US history....by far.


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Rina

There are no scandals with Trump ... made me choke on my tonsils, that did.

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Annie Deighnaugh

And here we go with excuse #433 why trump can't release his tax returns a la sarah sanders:

Speaking with “Fox News Sunday” host Chris Wallace, White House press secretary Sarah Sanders said she wouldn’t “trust” members of Congress to fully grasp the contents of the president’s returns.

“And frankly, Chris, I don’t think Congress, particularly this group of congressmen and women, are smart enough to look through the thousands of pages that I would assume President Trump’s taxes will be,” Sanders said. “My guess is most of them don’t do their own taxes, and I certainly don’t trust them to look through the decades of success the president’s had and determine anything.”

Congress is too dumb to understand them.

Uh huh.

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Wants to Grow

It will be interesting to see what reason is provided for inspecting Trump’s tax returns.

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Annie Deighnaugh

WTG, I'm not sure I understand your remark...they have already laid out the reasons for the request in the request itself...perhaps you haven't seen it...

https://waysandmeans.house.gov/media-center/press-releases/neal-statement-requesting-president-trump-s-tax-returns

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dublinbay z6 (KS)

The congressional committees that have the authority to ask for Trump's tax returns are not required to come up with a reason that passes muster with Trump.

Because they want to look at them--is good enough reason.

Kate

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annie

Sarah just needs to look in the mirror to see stupid.

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chase_gw

WTG, not sure they have to provide a reason other than they are exercising their Constitutional role of oversight. It is my understanding that they are looking for financial issues that might expose the President of the United States to conflicts of interest and more importantly issues that could involve National Security especially as it relates to foreign entities.

Seems to me those are very important areas that Congress has the right to oversee. However, they should not make the taxes public unless there is something really alarming in there......and then only that part. His net worth etc. Is nobody' s business.


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Wants to Grow

Thanks Annie Deighnaugh, I did miss that article. My interpretation of US Code 6103, Section (f) 1 says Congress isn’t permitted to see individual taxpayer returns, only specific return information.


(f)Disclosure to Committees of Congress

(1)Committee on Ways and Means, Committee on Finance, and Joint Committee on Taxation

Upon written request from the chairman of the Committee on Ways and Means of the House of Representatives, the chairman of the Committee on Finance of the Senate, or the chairman of the Joint Committee on Taxation, the Secretary shall furnish such committee with any return or return information specified in such request, except that any return or return information which can be associated with, or otherwise identify, directly or indirectly, a particular taxpayer shall be furnished to such committee only when sitting in closed executive session unless such taxpayer otherwise consents in writing to such disclosure.

(edited for proper Annie reference. Apologies for any confusion!)

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Annie Deighnaugh

Yes WTG, they can request and "shall" receive it but can't disclose it specifically to the public without trump's permission -- which I doubt he'll give ....but they have the right to receive and examine it in closed session.

Here is the letter sent to the IRS.

http://cdn.cnn.com/cnn/2019/images/04/03/neal.letter.to.rettig.signed.2019.04.03.pdf

Note it requests many tax returns, not just his personal one:


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Ziemia(6a)

I don't rely on CNNMSDNCNYTWaP for doing more than telling me the topics. Things that need to be known about takes me elsewhere.

And plenty here tell me what's hot on Fox.

But I know you (cait1 and others) will continue to sneer.

Whatever.

PS: what about BBC, NPR? Are you ranting only about what's on the TV? What about the several here who don't own. TV?

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Ziemia(6a)

PPS: Does cait1's article even address the 1924 /28 legislation?

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catticusmockingbird

Katie Porter responds to Silly Sarah.


VIDEO: https://twitter.com/CNN/status/1117795209692061696

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