Photo: SAUL LOEB/Getty Images

A classified Internal Revenue Service draft memo obtained by the Washington Post indicates that President Trump's tax returns must be handed over to Congress unless the president invokes executive privilege.

Details: The memo was reportedly penned last fall by a lawyer in the Office of Chief Counsel and is not reflective of the agency's "official position," per the Post. Disclosure to the committee is "mandatory, requiring the Secretary to disclose returns, and return information, requested by the tax-writing Chairs," per the memo titled "Congressional Access to Returns and Return Information."

  • The law “does not allow the Secretary to exercise discretion in disclosing the information provided the statutory conditions are met” and explicitly denies Treasury Secretary Steven Mnuchin's justification for suppressing Trump's financials.

The backdrop: To date, Trump has rejected calls to turn over his tax returns to Congress, but he has not asserted executive privilege. Mnuchin has denied the returns, arguing there is no legal basis for them to be shared.

Go deeper: Mnuchin rejects subpoena for Trump's tax returns

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Pelosi: Trump wants to "crush" ACA with Ginsburg replacement

House Speaker Nancy Pelosi said on ABC's "This Week" that President Trump was rushing to replace the late Supreme Court Justice Ruth Bader Ginsburg because he "wants to crush the Affordable Care Act."

Why it matters: Pelosi wants to steer the conversation around the potential Ginsburg replacement to health care, which polls show is a top issue for voters, especially amid the coronavirus pandemic. The Trump administration has urged the courts to strike down the law, and with it, protections for millions with pre-existing conditions.

Mike Allen, author of AM
Updated 1 hour ago - Politics & Policy

Democrats' Armageddon option

A makeshift memorial outside the Supreme Court yesterday. Photo: Jose Luis Magana/AFP via Getty Images

Furious Democrats are considering total war — profound changes to two branches of government, and even adding stars to the flag — if Republicans jam through a Supreme Court nominee, then lose control of the Senate.

On the table: Adding Supreme Court justices ... eliminating the Senate's 60-vote threshold to end filibusters ... and statehood for D.C. and Puerto Rico. "If he holds a vote in 2020, we pack the court in 2021," Rep. Joe Kennedy III (D-Mass.) tweeted.

Mike Allen, author of AM
1 hour ago - Politics & Policy

Democrats' "just win" option

Photo: Samuel Corum/Getty Images

Polls increasingly point to Democrats winning the Senate.

Why it matters: Republicans had been optimistic about holding on to the Senate even if President Trump lost. But they know they could be swamped by a blue wave.