[Congressional Record Volume 163, Number 97 (Wednesday, June 7, 2017)]
[House]
[Pages H4672-H4673]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]
NOTICE OF INTENTION TO OFFER RESOLUTION RAISING A QUESTION OF THE
PRIVILEGES OF THE HOUSE
Mr. CAPUANO. Mr. Speaker, pursuant to clause 2(a)(1) of rule IX, I
rise to give notice of my intent to raise a question of the privileges
of the House.
The form of the resolution is as follows:
Expressing the sense of the House of Representatives that the
President shall immediately release his tax return information to
Congress and the American people.
Whereas, in the United States' system of checks and balances,
Congress has responsibility to hold the executive branch of government
to a fair and equal standard of transparency ensuring the public
interest is placed first;
Whereas, according to the Tax History Project, every President since
Gerald Ford has disclosed their tax return information to the public;
Whereas, tax returns provide an important baseline of reasonable
information including whether the President paid taxes, ownership
interests, charitable donations made, and whether tax deductions have
been exploited;
Whereas, disclosure of the President's tax returns could help those
investigating Russian influence in the 2016 election understand the
President's financial ties to the Russian Federation and Russian
citizens, including debts owed and whether he shares any partnership
interests, equity interests, joint ventures or licensing agreements
with Russia or Russians;
Whereas, the President recently fired Federal Bureau of Investigation
Director James Comey, under whose leadership the FBI was investigating
whether the Trump campaign colluded with Russia to influence the 2016
election;
Whereas, President Trump reportedly stated to Russian officials
during a White House meeting that he fired Director Comey to ease
pressure on the ongoing investigation of Russia's influence in the 2016
election;
Whereas, Senate Russia investigators have requested information from
the Treasury Department's criminal investigation division, the
Financial Crimes Enforcement Network, or FinCEN, which handles cases of
money laundering, for information related to President Trump, his top
officials and campaign aides. FinCEN has been investigating allegations
of foreign money-laundering through purchases of U.S. real estate;
Whereas, the President's tax returns would show us whether he has
foreign bank accounts and how much profit he receives from his
ownership in myriad partnerships;
Whereas, Donald Trump Jr. said The Trump Organization saw money
``pouring in from Russia'' and that ``Russians make up a pretty
disproportionate cross-section of a lot of our assets'';
Whereas, Congress gave itself the authority to review an individual's
tax returns to investigate and reveal possible conflicts of interest of
executive branch officials involved dating back to the Teapot Dome
scandal;
Whereas, it has been reported that federal prosecutors have issued
grand jury subpoenas to associates of former National Security Advisor
Michael Flynn seeking business records as part of the ongoing probe
into Russian involvement in the 2016 election;
Whereas, according to his 2016 candidate filing with the Federal
Election Commission, the President has 564 financial positions in
companies located in the United States and around the world;
Whereas, against the advice of ethics attorneys and the Office of
Government Ethics, the President has refused to divest his ownership
stake in his
[[Page H4673]]
businesses, and can still withdraw funds at any time from the trust of
which he is the sole beneficiary;
Whereas, the Emoluments Clause was included in the U.S. Constitution
for the express purpose of preventing federal officials from accepting
any ``present, Emolument, Office, or Title . . . from any King, Prince,
or foreign state'';
Whereas, the Chairmen of the Ways and Means Committee, Joint
Committee on Taxation, and Senate Finance Committee have the authority
to request the President's tax returns under section 6103 of the Tax
Code;
Whereas, the Joint Committee on Taxation reviewed the tax returns of
President Richard Nixon in 1974 and made the information public;
Whereas, the Ways and Means Committee used IRC 6103 authority in 2014
to make public the confidential tax information of 51 taxpayers;
Whereas, Director Comey has testified that tax returns are a common
tool in investigations because they can show income and motives;
Whereas, the American people have the right to know whether or not
their President is operating under conflicts of interest related to
international affairs, tax reform, government contracts, or otherwise:
Now, therefore, be it resolved, that the House of Representatives
shall:
One, immediately request the tax return information of Donald J.
Trump for tax years 2006 through 2015 for review in closed executive
session by the Committee on Ways and Means, as provided under section
6103 of the Internal Revenue Code, and vote to report the information
therein to the full House of Representatives;
Two, support transparency in government and the longstanding
tradition of Presidents and Presidential candidates disclosing their
tax returns.
The SPEAKER pro tempore. Under rule IX, a resolution offered from the
floor by a Member other than the majority leader or the minority leader
as a question of the privileges of the House has immediate precedence
only at a time designated by the Chair within 2 legislative days after
the resolution is properly noticed.
Pending that designation, the form of the resolution noticed by the
gentleman from Massachusetts will appear in the Record at this point.
The Chair will not at this point determine whether the resolution
constitutes a question of privilege. That determination will be made at
the time designated for consideration of the resolution.
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