Treasury Secretary Steven Mnuchin wrote that the request from Democratic lawmakers "lacks a legitimate legislative purpose." | Greg Baker/AFP/Getty Images White House You’re not getting Trump’s tax returns, Mnuchin tells Democrats The decision was expected, with the agency having previously blown through two deadlines set by Democrats to hand over the confidential tax filings.

The Trump administration on Monday formally rejected demands by House Democrats to turn over the president’s tax returns, setting the stage for what’s likely to be a long legal battle.

Treasury Secretary Steven Mnuchin said their demands raise “serious constitutional questions” and that lawmakers do not have a "legitimate" reason for seeking President Donald Trump’s filings.


“The Supreme Court has held that the Constitution requires that Congressional information demands must reasonably serve a legitimate legislative purpose,” he wrote in a one-page letter to House Ways and Means Chairman Richard Neal (D-Mass). “I have determined that the Committee’s request lacks a legitimate legislative purpose” and “the Department is therefore not authorized to disclose the requested returns.”

The decision was expected; the agency had blown past two deadlines set by Democrats to hand over the confidential tax filings while lambasting their request. The administration has been stonewalling House Democrats’ investigations into the executive branch on a number of other fronts.

The spotlight now shifts back to Neal, who has been spearheading the push to unmask Trump’s long-concealed returns. He has not explained how he intends to proceed, though Democrats have said they expect the issue to be decided by the courts.

Morning Tax Sign up for our tax policy newsletter and stay informed — weekday mornings, in your inbox. Email Sign Up By signing up you agree to receive email newsletters or alerts from POLITICO. You can unsubscribe at any time. This site is protected by reCAPTCHA and the Google Privacy Policy and Terms of Service apply.

In a statement, he said: “I will consult with counsel and determine the appropriate response.”

Neal could issue a subpoena to compel Mnuchin to produce the returns or seek a court order to force the administration to comply with the demand.

The administration has an incentive, and a chance, to stall by tying up the issue in court emuntil after next year’s elections, in hopes that Republicans retake the House.

Mnuchin’s letter is surprisingly terse, running just five paragraphs. He said he is relying on the Justice Department’s legal opinion, and the agency “has informed us that it intends to memorialize its advice in a published legal opinion as soon as practicable.”

Democrats are relying on a 1924 law that allows the heads of Congress’ tax committees to examine anyone’s tax returns. They are demanding six years worth of his personal and business filings. Democrats intend to release at least some of Trump’s tax information if they get hold of it, a move experts say the tax-writing committee could make with a vote in closed session.

Forcibly releasing a president’s private tax information would be highly unusual, though Democrats say drastic steps are necessary with Trump defying a decades-old tradition of presidents and White House contenders voluntarily releasing their returns. Lawmakers have a laundry list of questions about Trump’s finances they hope his filings will help answer, including whether he has any involvement with Russian interests and how much he pays in taxes.

Republicans say Democrats’ efforts would open the door to lawmakers using private tax information as a political weapon with which to embarrass their opponents.

Legal experts disagree over the strength of Democrats’ case.

Some say they are likely to prevail, pointing to the plain language of the statute, which stipulates the Treasury "Secretary shall furnish such committee with any return or return information specified in such request.”

Others note there is a long history of court opinions demanding lawmakers have a legitimate policy reason for their investigations — something related to their jobs as policymakers — which some experts say could be a significant hurdle.

Democrats contend they do have a legislative reason for wanting Trump’s returns, saying they want to vet the IRS’ long-standing policy of automatically auditing all presidents and vice presidents because they don’t know how rigorous those examinations are.

Republicans have scoffed at that argument, saying the real reasons are Democrats want to search Trump’s filings for things they can use against him and make them public.

Neal’s Democratic colleagues on the tax-writing committee blasted the decision.

Rep. Lloyd Doggett ofTexas said, "We need immediate legal action."

Rep. Bill Pascrell of New Jersey added: “This absurd letter calls Congress doing its job ‘unprecedented.'

“What’s unprecedented is an entire federal government working in concert to shield a corrupt president from legal accountability," he said.

