Dems to examine Trump’s tax returns if they win midterms

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The years-old mystery of what’s in President Donald Trump’s tax returns will likely quickly unravel if Democrats win control of at least one chamber of Congress.

Democrats, especially in the House, are quietly planning on using an obscure law that will enable them to examine the president’s tax filings without his permission.

The nearly 100-year-old statute allows the chairmen of Congress’ tax committees to look at anyone’s returns, and Democrats say they intend to use that power to help answer a long list of questions about Trump’s finances. Many also want to use it to make public confidential information about Trump’s taxes that he’s steadfastly refused to release.

“Probably the approach would be to get all of it, review it, and, depending on what that shows, release all or part of it,” said Rep. Lloyd Doggett of Texas, the No. 4 Democrat on the Ways and Means Committee.

That could bring a swift end to the long-running battle over Trump’s returns, while generating loads of fodder for what promises to be an array of investigations into the administration if Democrats win power...

Transparency advocates have long complained about Trump bucking a 40-year tradition of presidents producing their returns. His filings could answer questions about what he earns, how much he pays in taxes and whether he gives to charity.

It could also help answer broader, nagging questions like what sort of conflicts of interests are posed by his businesses, his ties to Russia and other foreign governments and how his family benefits from government actions.

“There are legitimate oversight questions that can only be answered by having those documents,” said Sen. Mark Warner of Virginia, a tax writer and the top Democrat on the chamber’s intelligence committee...

Insiders predict, though, that once the public becomes aware it’s possible for Democrats to unilaterally seize Trump’s returns, they will face enormous political pressure to make them available. Others say once members of Congress receive copies of the returns, it would be only a matter of time before they are leaked to reporters.

The 1924 law stipulates the Treasury Department “shall” turn over “any return or return information” requested by the chairs of the tax committees or the head of Congress’ nonpartisan Joint Committee on Taxation for them to review privately.

The law was passed amid concerns about corruption and conflicts of interest in the executive branch, such as those posed by then-Treasury Secretary Andrew Mellon’s business interests...

Asked whether they would force the issue if they win the House, Rep. Richard Neal of Massachusetts, the panel’s top Democrat, said: “Yeah — that would be consistent with our beliefs.”

“Democrats have voted again and again to release those documents,” he said.

Democrats say they would likely bring in experts to help them understand Trump’s surely complicated finances. “There has to be a thorough review of it — and not just by members but by bringing in experts like CPAs to say, ‘What does this show?’” said Doggett...

In rare instances, lawmakers have used the law to publicly release private tax information, despite normally stiff penalties for disclosure designed to safeguard taxpayer privacy. Improperly releasing protected information is a felony, punishable by up to five years in prison — one reason why tax returns rarely leak.

In 2014 and 2015, after extensive consultations with Congress’ legal, tax and ethics advisers, both tax committees voted to release protected information as part of their investigations into the IRS’ tea party-targeting scandal. Lawmakers didn’t release any individual person’s returns, but the information disclosed enjoyed the same legal protections.