Senator Max Baucus (D-MT), Ranking Member of the Senate Finance Committee, has called on Harriet Miers to release her tax returns:
- Sen. Baucus’ Press Release (10/24):
With Supreme Court nomination hearings set to start in early November, U.S. Senator Max Baucus today called on Supreme Court nominee Harriet Miers to comply with his October 12 letter requesting copies of her Federal income tax returns….
In September, Senator Baucus wrote to the White House requesting that nominees to the Supreme Court, including Judge John Roberts, submit copies of their Federal tax returns as part of the confirmation process. Ms. Harriet Miers, then Counsel to the President, denied the request suggesting that nominee answers to a committee questionnaire and information contained in the background investigation are sufficient.
“As part of the Finance Committee’s rigorous due diligence process, all nominees are required to submit copies of their tax returns for review,” Baucus said. “This requirement applies whether the nominees are for the President’s Cabinet, the U.S. Tax Court or part-time positions on various government boards. It is important to the Constitutional process of advice and consent for the Senate to have access to information relevant to make informed decisions and not to rely on the Executive Branch to provide oversight.” In releasing the exchange of letters, Senator Baucus emphasized that confidentiality afforded to tax returns will be protected.
- Counsel to the President Harriet Miers’ Letter to Sen. Baucus (9/23)
- Sen. Baucus’ Letter to Harriet Miers (10/12):
Thank you for your letter dated September 23,2005, responding to my request that nominees to the Supreme Court ofthe United States provide copies oftheir Federal income tax returns. Your letter correctly recites the current level of informationprovided by the Administration. I am, however, not satisfied that the process you describe adequately considers whether a nominee has complied with our nation’s tax laws at a level beyond reproach and commensurate with the high position of responsibility and honor of a Supreme Court Justice
Those nominated have a duty and responsibility to assure the American public that they are complying with our tax laws and paying their fair share of the Nation’s revenue needs. Information currently provided by the Administration regarding a nominee’s tax status does not include a thorough review of recently filed tax returns. Accordingly, I am requesting that you provide copies of your Federal income tax returns for the past three years. These tax returns will be made available to appropriate tax law experts on the Committee on Finance and the nonpartisan Joint Committeeon Taxation for review. The tax returns will not be made available for public inspection.
What taxpayers do on their tax returns is a window into what they would do in private and is a good barometer of their integrity, character, and suitability for office. That is why every nominee that is referred to the Committee on Finance provides copies of their Federal income tax returns. It is important to the Constitutional process of advice and consent for the Senate to have access to this information and not rely solely on the Executive Branch to provide oversight.



