Treasury Secretary Steven Mnuchin's letter came hours after President Donald Trump bluntly rejected Democrats’ request, telling reporters “I won’t do it” because he’s being audited by the IRS. | Ethan Miller/Getty Images Congress Treasury misses congressional deadline for turning over Trump’s tax returns Treasury secretary says he is consulting with the Justice Department as a court battle edges closer.





The Trump administration missed a Wednesday deadline set by Democrats to hand over the president’s tax returns, as the two sides edge closer to an epic legal battle that could rise all the way to the Supreme Court.

In a letter released Wednesday evening, Treasury Secretary Steven Mnuchin said he needs more time to consider House Ways and Means Committee Chairman Richard Neal’s demand while also making clear the administration looks dimly on the request.


“The legal implications of this request could affect protections of all Americans against politically-motivated disclosures of personal tax information, regardless of which party is in power,” Mnuchin said. He is consulting with the Justice Department “to ensure that our response is fully consistent with the law and the Constitution.”

Mnuchin's letter came hours after Trump bluntly rejected Democrats’ request, telling reporters “I won’t do it” because he’s being audited by the IRS.

The administration is expected to formally deny the request eventually, leaving it up to the courts to decide the scope of Congress’s power to demand records from a sitting president. Rejection would ensure the matter will remain a prominent issue throughout much of Trump’s third year in office as 2020 Democratic presidential contenders hammer him over broken promises and make a show of releasing their own tax filings.

House Democrats, who are demanding six years’ worth of the president’s personal and some business returns, have made clear they intend to force the issue, though they have not spelled out their legal strategy.

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Denial of the request would also mark the administration's latest snub of House Democrats who are intent on using their oversight authority to investigate large swaths of the administration and, in some cases, Trump's personal and business activities.

In a statement, Neal said: "I will consult with counsel and determine the appropriate response to the commissioner in the coming days." His April 3 request for the returns was addressed to IRS Commissioner Chuck Rettig.

Neal is relying on an arcane law that allows the head of Congress’s tax committees to examine anyone’s confidential tax information. It says that the Treasury secretary "shall furnish such committee with any return or return information specified in such request."

A Trump lawyer, William Consovoy, has urged Treasury to reject the inquiry, saying lawmakers need a legitimate legislative reason to see the returns. Some, though not all, legal experts agree, saying the courts have put limits on lawmakers’ investigative powers.

It will likely take months, at a minimum, for the legal system to sort it out, potentially pushing the issue beyond the 2020 election and spoiling Democrats' hopes of highlighting in the campaign any irregularities — or worse — they find in the returns.

“This is uncharted territory,” said Thomas Hungar, former general counsel for the House of Representatives. “It would be surprising for it to take less than months, and it could easily take a year or more to get a final decision.”

“It’s obviously a big case, so I would think a court is going to want to take its time and think through the issues pretty carefully,” said Hungar, now a partner at the law firm Gibson, Dunn & Crutcher LLP.

Democrats want Trump’s returns to help answer a long list of questions about his finances, from how much he pays in taxes to his connections to Russia.

But Democrats also say they have a sound policy reason to get the returns, arguing they need to be able to vet the IRS’s audits of the president. The agency has a policy dating to the 1970s of auditing every president, though Democrats say they know little about how those examinations work, including how rigorous they are or if they even really happen. They point to an episode from the Nixon administration when the IRS initially blessed President Nixon’s tax returns only to backpedal when a subsequent audit by Congress’s Joint Committee on Taxation found he actually owed almost $500,000.

Republicans call that eyewash, saying Democrats are less concerned with overseeing IRS audits than with having an opportunity to search for things in Trump’s taxes they could use to embarrass him. They also warn that forcing him to give up his tax information could spur retaliation by Republicans seeking to publicize Democrats’ tax records.

The next step would likely be Neal either issuing a subpoena to compel Mnuchin to turn over the filings, said Hungar, or the Massachusetts Democrat could go to court seeking an order that the administration hand over the information.

The administration has an incentive to stall in hopes that Republicans can retake the House in next year’s elections.

"The Trump administation will consider itself the winner as long as the tax returns aren't turned over before the 2020 elections," said Charles Tiefer, a former acting general counsel for the House who now teaches at the University of Baltimore's law school. "They probably don't want it to be turned over at all, but it matters much less after the 2020 election."

He said Neal "absolutely" has a good case: "The statute says the Treasury secretary quote shall unquote turn over the files — it couldn't be any more emphatically clear if it was tattooed on Mnuchin."

Trump has defied, ever since he first began running for president, a decades-old tradition in which presidents and White House contenders have voluntarily released their tax returns. In recent days, as Neal's April 10 deadline began to loom, Trump's aides made clear he had no intention of giving up his returns.

“Never,” Mick Mulvaney, Trump’s acting chief of staff, told “Fox News Sunday.”

Eliana Johnson and Aaron Lorenzo contributed to this report.