On Tuesday evening, The Washington Post published a memo from the IRS that’s just a wee bit embarrassing for the Treasury Department’s claims that they didn’t have to turn over Donald Trump’s tax forms without Congress demonstrating a “legislative purpose.” 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.” That’s 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.”
As the Post article notes, the evaluation of the IRS official “directly contradicts” Mnuchin’s statements and leaves the treasury secretary absolutely no grounds on which to claim he isn’t required to hand over Trump’s information.
On Wednesday morning, Mnuchin, who was speaking 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: Did somebody make you aware that the memo states that the law does not require that the Ways and Means Committee, Finance chair, JCT chief of staff include a reason or purpose for the request?
Mnuchin: 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 ...
In other words, yes. Yes, he is aware.
Mnuchin continued to dodge admitting that the memo said what it said.
Wexton: Reclaiming my time. You are at least aware that the conclusion of that memo directly contradicts the conclusion that you’re relying upon.
Mnuchin: No, I, uh, actually don’t believe that.
And he claimed again that he had not “had time to review the memo in full.”
But just as there’s a problem with how the memo completely undercuts Mnuchin’s always dubious legal claims, there’s also an issue with his timing. The memo he claims to have just seen “on the way up here” was actually written months ago. It was drafted in the fall, before Democrats took control of the House and before there was a formal request for Trump’s tax forms, but at a time when the IRS knew that a request was probably coming. Treasury officials, including Mnuchin, had to be aware of the memo and its findings weeks or months ago.
But just last Friday, Mnuchin ignored a subpoena to produce Trump’s taxes. Just like he ignored the memo. Like he’s ignored the law.