Arkansas Democrat-Gazette

N.Y. law opens up Trump’s tax files

Critics say it won’t pass court muster

- COMPILED BY DEMOCRAT-GAZETTE STAFF FROM WIRE REPORTS Informatio­n for this article was contribute­d by David Klepper of The Associated Press; and by Jesse McKinley of The New York Times.

ALBANY, N.Y. — New York Gov. Andrew Cuomo on Monday signed a bill to allow congressio­nal committees to access President Donald Trump’s state tax returns.

The legislatio­n is effective immediatel­y. Republican­s dismissed it as a partisan game, saying that the law won’t stand up in court because it targets a single person or group and is a potential invasion of privacy.

Cuomo, a third-term Democrat and frequent critic of Trump, agreed that “tax secrecy is paramount,” though he made an exception for what he called “bona fide investigat­ive and law enforcemen­t purposes.”

He said that signing the bill would help Congress “fulfill its constituti­onal responsibi­lities, strengthen our democratic system and ensure that no one is above the law.”

But it’s unclear whether Congress will request access to Trump’s state returns, which tax experts say would include many of the same details as his federal return. Trump has long filed taxes in New York as a resident of the state, and his business, the Trump Organizati­on, is headquarte­red there.

The president has declined to make his federal tax returns public, saying they are under audit.

All sides expect legal challenges and requests for injunction­s, meaning it could be many months before any state tax returns are handed over. The White House did not return a message seeking comment Monday on the law.

The president has not weighed in on the new law but has repeatedly accused New York Democrats of using their positions to harass him and his allies. Republican­s in New York say that the law could be used to go after any other official who pays taxes in the state.

“This is purely political,” state Republican Party Chairman Nick Langworthy told reporters on Monday. “It is an attempt to settle political scores.”

Langworthy predicted the law “will never stand up in the courts.”

Democrats are eager to review Trump’s tax returns, which could reveal details about his business dealings, his debts and internatio­nal financial ties.

If Congress does request and obtain Trump’s state tax returns, that doesn’t mean the public gets to see them. Under federal law, the confidenti­al informatio­n in the returns is supposed to be for the committee’s eyes only.

To address concerns about the tax privacy of everyday New Yorkers, state lawmakers narrowed the measure so it applies only to the state income tax returns of elected officials, party leaders and top public officials, like judges — as well as any businesses or legal entities they control.

In addition, state tax officials would be required to redact personal informatio­n, such as Social Security numbers or personal addresses, before handing over the documents.

Assemblyma­n David Buchwald, who sponsored the bill in Albany’s lower chamber, called the signing of the bill “a momentous step.”

Top lawmakers in Washington have differed on whether congressio­nal committees should make use of the new law.

U.S. House Judiciary Chairman Jerrold Nadler, a New York Democrat, has touted the bill as “a workaround to a White House that continues to obstruct and stonewall the legitimate oversight work of Congress.”

House Ways and Means Chairman Richard Neal, D-Mass., however, has signaled that he may not be interested. Neal is already pursuing Trump’s federal returns and has threatened to go to court in order to get the administra­tion to comply.

Neal has issued subpoenas for six years of Trump’s tax documents, but Treasury Secretary Steven Mnuchin has declined, saying Congress’ request “lacks a legitimate legislativ­e purpose.”

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