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Worth reading the OLC opinion POTUS tax returns. There’s a lot for us to learn about the separation of powers & our Constitution. Along the way, there’s some great nuggets. Nixon. Let’s walk through it. FYI, not a lawyer or a tax expert. Link here: assets.documentcloud.org/documents/6153…
The main argument is over making the returns public. Ways & Means Dems have campaigned for 2 years to make the returns public & cites numerous examples. OLC thinks this showed there was no actual legislative purpose behind their manoeuvres to get the returns. p: 3,6, 11 12, 22
Neal has no precedent for what he’s asking. Before reform: 3x tax record that info has been made public, which includes when Nixon voluntarily made his public. There was 1 time in 4 decades since reform. Committee made tax info public, with a criminal referral, 2014. p.6, 7
Why was the law changed towards tax record confidentiality? Oh, Nixon. He voluntarily made his returns public btw during Watergate. ^^ However in the WH he was passing returns around. What’d he & his admin do with it? Good question. The IRS became a ‘lending library’. 
So in 1976, post Watergate, Congress decided to make returns confidential, so they would not be passed around the federal govt or exposed involuntarily to the public.
📌Now if we take the names out of it, ie Mnuchin- Secretary & tRUmp- POTUS, we may be able to more clearly see what OLC is saying around the Secretary being right. It is criminal for the Secretary or an employee to reveal tax information. Pin this. p.22
The Secretary had also offered to work with the Committee & the Committee rejected it. They subpoenaed him instead & then backtracked on working with him a few days later. p.15
The Secretary is an employee of the Executive Branch & The Treasury. Treasury has its own responsibilities OLC: Congress is asking him to reveal information which he is legally forbidden to reveal. He’d cede his power to the Chair of a Committee. p.3, p.20
Is this bad? Imagine: Obama or Biden or GHW Bush’s returns here, how would we feel if a Sec of Treasury, said, “Ok then I won’t second guess you, Chair, here’s the returns for you to make public?" Neal actually said Congress shouldn’t be second guessed. p.20, p.22
Neal also said he didn’t think the Judiciary could rein in Congress here. OLC says wrong by citing HUAC (McCarthy/Cohn, Nixon) SCOTUS case. Nixon was on HUAC early days. p.23
Questions: There’s been 2 years here for Ways & Means Dems to do research on just these questions? Why did they not see these, IMO, big pitfalls in their arguments? ex: p.5
In fact, Dems made their case worse because they didn’t limit the time period for the returns. OLC is showing Neal et al how to do this better. Ex: ask for Obama & Biden’s returns 2013-2016, which would make sure you could review them while they are not under audit. p.28-29
OLC cites that our Founders were greatly concerned with Congressional overstepping. This should concern us now. For any of us that remember Tea Party tactics & of course, some of McConnell’s moves, same applies to Dems. p.21
OLC is working to help us protect the separation of powers by protecting the Secretary’s office, IRS, & Executive- this goes well beyond the tRUmp admin. It also protects all US taxpayers.
Footnote: key case, mentioned is Watkins v. US en.wikipedia.org/wiki/Watkins_v…
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