By refusing to disclose his tax returns, President Trump has breached — and may have demolished — the longstanding norm under which sitting presidents and presidential candidates are expected to voluntarily disclose their federal tax returns. At the same time, there is reason to think that new norms of disclosure can be created.

The conditions under which Congress could legally obtain President Trump’s federal tax returns were reviewed in a new assessment from the Congressional Research Service.

CRS “analyzes the ability of a congressional committee to obtain the President’s tax returns under provisions of the Internal Revenue Code (IRC); whether the President or the Treasury Secretary might have a legal basis for denying a committee request for the returns; and, if a committee successfully acquires the returns, whether those returns legally could be disclosed to the public.” See Congressional Access to the President’s Federal Tax Returns, CRS Legal Sidebar, March 15, 2019.

Against this backdrop of defiant presidential secrecy, it is interesting to note that the Department of Defense yesterday disclosed the amount of its FY2020 request for the Military Intelligence Program (MIP), as it has now done for several years. This is a practice that was adopted for the first time by the Obama Administration, even though no law or regulation required it. To the contrary, it had previously been considered classified information. (Disclosure of the budget request for the National Intelligence Program, which also occurred yesterday, has been required by statute since 2010.)

Today, disclosure of the MIP budget request and other intelligence budget information is such a regular event that it is taken for granted. It is one of several new milestones in disclosure of national security information that were achieved in the Obama years, many of which survive to the present.

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Some other new and updated publications from the Congressional Research Service include the following.

Arms Control and Nonproliferation: A Catalog of Treaties and Agreements, updated March 18, 2019

Direct Overt U.S. Aid Appropriations for and Military Reimbursements to Pakistan, FY2002-FY2020, updated March 12, 2019

Nord Stream 2: A Fait Accompli?, CRS In Focus, March 18, 2019

U.S. Global Health Assistance: FY2017-FY2020 Request, CRS In Focus, updated March 14, 2019

Low Interest Rates, Part III: Potential Causes, CRS Insight, March 15, 2019

Farm Debt and Chapter 12 Bankruptcy Eligibility, CRS Insight, March 15, 2019

Huawei v. United States: The Bill of Attainder Clause and Huawei’s Lawsuit Against the United States, CRS Legal Sidebar, March 14, 2019

Special Counsels, Independent Counsels, and Special Prosecutors: Legal Authority and Limitations on Independent Executive Investigations, updated March 13, 2019

If the Attorney General decided to withhold portions of the pending report of the Special Counsel, he might justify his decision by citing legal protections for grand jury information and for executive privilege.

But there are exceptions to both of these categories, and Congress has tools of its own to pursue the desired information, the Congressional Research Service said in a new assessment.

With respect to grand jury information in the Special Counsel report, “Congress could opt to seek documents or testimony from grand jury witnesses themselves,” CRS said.

As for executive privilege, it “is generally qualified, and can be surmounted (in court) if Congress can show an overriding need for the information.” See The Special Counsel’s Report: Can Congress Get It?, CRS Legal Sidebar, March 8, 2019 And see, relatedly, The Special Counsel’s Report: What Do Current DOJ Regulations Require?, CRS Legal Sidebar, March 7, 2019.

Other noteworthy new and updated reports from the Congressional Research Service include the following.

Membership of the 116th Congress: A Profile, March 7, 2019

Foreign Agents Registration Act: An Overview, CRS In Focus, updated March 7, 2019

United States European Command: Overview and Key Issues, CRS In Focus, March 12, 2019

The War Powers Resolution: Concepts and Practice, updated March 8, 2019

Strategic Competition and Foreign Policy: What is “Political Warfare”?, CRS In Focus, March 8, 2019

Defense Primer: A Guide for New Members, updated March 8, 2019

Noteworthy new publications from the Congressional Research Service include the following.

Definition of National Emergency under the National Emergencies Act, CRS Legal Sidebar, March 1, 2019

Foreign Affairs Overseas Contingency Operations (OCO) Funding: Background and Current Status, CRS In Focus, updated March 4, 2019

EU Data Protection Rules and U.S. Implications, CRS In Focus, updated February 7, 2019

Stock Buybacks: Background and Reform Proposals, CRS Legal Sidebar, February 27, 2019

U.S. Nuclear Weapons Policy: Considering “No First Use”, CRS Insight, updated March 1, 2019

New and updated publications from the Congressional Research Service, some but not all of which are now published at crsreports.congress.gov, include the following.

National Emergency Powers, updated February 27, 2019

Department of Defense Use of Other Transaction Authority: Background, Analysis, and Issues for Congress, updated February 22, 2019

Defense Primer: Electronic Warfare, CRS In Focus, February 26, 2019

U.S. Foreign Assistance, CRS In Focus, updated February 25, 2019

NAFTA Renegotiation and the Proposed United States-Mexico-Canada Agreement (USMCA), updated February 26, 2019

Immigration: U.S. Asylum Policy, February 19, 2019

Uyghurs in China, CRS In Focus, updated February 15, 2019

Firearms Background Checks Under H.R. 8 and H.R. 1112, CRS In Focus, updated February 22, 2019

Arms Sales: Congressional Review Process, updated February 25, 2019

Federal Records: Types and Treatments, CRS In Focus, February 26, 2019

A new free trade agreement (FTA) between the European Union and Japan places the US at a disadvantage, at least temporarily, the Congressional Research Service said. The new agreement entered into force this month.

The two trading partners negotiated what Japan called the “world’s largest, free, industrialized economic zone” without the US partly in response to the Trump Administration’s combative trade policy and its withdrawal from existing trade negotiations.

“The EU and Japan have expressed concerns over recent U.S. tariffs imposed on their products and the perceived waning in U.S. support for the multilateral trading system,” according to a new CRS brief.

“In the absence of a U.S. FTA with either major economy, certain U.S. industries could face competitive disadvantages or lost market share. . . as the EU and Japan enjoy preferential access to each other’s markets,” CRS said.

As the new agreement is implemented, “the United States will be under increased stakeholders’ pressure to secure comparable access to these important markets,” the CRS report said. See EU-Japan FTA: Implications for U.S. Trade Policy, CRS In Focus, February 7, 2019.

Other noteworthy new publications from the Congressional Research Service include the following.

A Brief Comparison of Two Climate Change Mitigation Approaches: Cap-and-Trade and Carbon Tax (or Fee), CRS In Focus, February 12, 2019

Mail and Wire Fraud: A Brief Overview of Federal Criminal Law, updated February 11, 2019

Electrification May Disrupt the Automotive Supply Chain, CRS In Focus, February 8, 2019

A Code of Conduct for the Supreme Court? Legal Questions and Considerations, CRS Legal Sidebar, February 6, 2019

Science and Technology Issues in the 116th Congress, February 6, 2019

The World Oil Market and U.S. Policy: Background and Select Issues for Congress, updated February 4, 2019

Venezuela Oil Sector Sanctions: Market and Trade Impacts, CRS Insight, updated February 11, 2019

The Committee on Foreign Investment in the United States, CRS In Focus, updated February 5, 2019

There were no less than 30 “national emergencies” in effect as of February 1, according to a tabulation prepared by the Congressional Research Service. An additional 21 national emergencies that are no longer in effect were also identified by CRS.

Under the National Emergencies Act, a declaration of national emergency can be used to activate presidential powers that would otherwise be unavailable. President Trump has suggested that he could declare a national emergency in order to begin construction of a “wall” along the U.S. border with Mexico without congressional authorization.

See Declarations under the National Emergencies Act, Part 1: Declarations Currently in Effect, CRS Legal Sidebar, February 1, 2019; and Declarations under the National Emergencies Act, Part 2: Declarations No Longer in Effect, CRS Legal Sidebar, February 1, 2019.

Together, the two reports replicate (with some variations) a table prepared lately by the Brennan Center for Justice, which has researched national emergency powers.

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Other new and noteworthy publications from the Congressional Research Service include the following.

The Emoluments Clauses of the U.S. Constitution, CRS In Focus, January 30, 2019

Executive Branch Ethics and Financial Conflicts of Interest: Disqualification, CRS Legal Sidebar, January 31, 2019

Fifth-Generation (5G) Telecommunications Technologies: Issues for Congress, January 30, 2019

Selecting the World Bank President, updated January 23, 2019

Venezuela: Overview of U.S. Sanctions, CRS In Focus, updated February 1, 2019

U.S.-European Relations in the 116th Congress, CRS In Focus, February 4, 2019

The U.S. Intelligence Community: Homeland Security Issues in the 116th Congress, CRS Insight, updated February 1, 2019

“Migrant Protection Protocols”: Legal Issues Related to DHS’s Plan to Require Arriving Asylum Seekers to Wait in Mexico, CRS Legal Sidebar, February 1, 2019

Drug Trafficking at the Southwest Border: Homeland Security Issues in the 116th Congress, CRS Insight, updated January 31, 2019

The CIA has around 140 projects involving or related to artificial intelligence, CRS noted (citing a 2017 story in DefenseOne). See Artificial Intelligence and National Security, updated January 30, 2019

U.S. Withdrawal from the INF Treaty, CRS Insight, updated February 1, 2019

Evaluating Possible U.S. Troop Withdrawals from Hostile Areas, CRS Insight, February 1, 2019

Noteworthy new publications from the Congressional Research Service include the following.

Bribery, Kickbacks, and Self-Dealing: An Overview of Honest Services Fraud and Issues for Congress, January 30, 2019

China’s Retaliatory Tariffs on U.S. Agricultural Products, CRS In Focus, January 29, 2019

New Law Requires Agencies to Report on Outstanding IG Recommendations, CRS Insight, January 30, 2019

Potential Implications of U.S. Withdrawal from the Paris Agreement on Climate Change, CRS In Focus, updated January 25, 2019

The Trump Administration’s National Strategy for Counterterrorism: Overview and Comparison to the Prior Administration, CRS Insight, January 29, 2019

A Possible Second U.S.-North Korea Summit: What Diplomacy Has and Hasn’t Achieved, CRS Insight, January 23, 2019

The U.S. Army and Multi-Domain Operations, CRS Insight, January 17, 2019

Redirecting Army Corps of Engineers Civil Works Resources During National Emergencies, CRS In Focus, January 28, 2019

If the President were to declare a national emergency in order to justify building a “wall” on the border with Mexico, there would be certain legal authorities that he could invoke to initiate construction operations.

But the scope of those legal authorities is uncertain and would almost certainly trigger litigation to challenge their application, the Congressional Research Service said last week.

“Whether these authorities — individually or in combination — extend to the construction of a border wall would present a reviewing court with several questions of first impression,” CRS said. See Can the Department of Defense Build the Border Wall?, CRS Legal Sidebar, January 10, 2019.

On the other hand, the National Emergencies Act has been effectively invoked on two previous occasions to authorize military construction activity overseas (by Presidents George H.W. Bush and George W. Bush), CRS said in another new publication. See Military Construction Funding in the Event of a National Emergency, CRS Insight, updated January 11, 2019.

Some other noteworthy new and updated publications from the Congressional Research Service include the following.

Mexico’s Immigration Control Efforts, CRS In Focus, updated January 3, 2019

How a Government Shutdown Affects Government Contracts, CRS Legal Sidebar, January 10, 2019

Defense Primer: FY2018 Department of Defense Audit Results, CRS In Focus, updated January 9, 2019

New CRS Series: Introduction to Financial Services, CRS Insight, updated January 11, 2019

Federal Grand Jury Secrecy: Legal Principles and Implications for Congressional Oversight, January 10, 2019

U.S. Sanctions on Russia, updated January 11, 2019

Cluster Munitions: Background and Issues for Congress, updated January 7, 2019

U.S.-Proposed Missile Technology Control Regime Changes, CRS In Focus, January 10, 2019

“The President does not need the concurrence of either his military advisors or the U.S. Congress to order the launch of nuclear weapons,” the Congressional Research Service reminded readers last month in an updated “defense primer” on “Command and Control of Nuclear Forces.”

The CRS defense primer series consists of two-page introductions to a variety of basic military and intelligence topics. The primers do not generally present information that is altogether new to specialists, but they are a convenient way to increase national security literacy among non-specialist members of Congress and the public.

Recently updated items in the series include the following.

Defense Primer: Commanding U.S. Military Operations, CRS In Focus, updated December 20, 2018

Defense Primer: Intelligence Support to Military Operations, CRS In Focus, updated December 20, 2018

Defense Primer: U.S. Defense Industrial Base, CRS In Focus, updated December 20, 2018

Defense Primer: Procurement, CRS In Focus, updated December 20, 2018

Defense Primer: Information Operations, CRS In Focus, updated December 18, 2018

Defense Primer: Cyberspace Operations, CRS In Focus, updated December 18, 2018

Defense Primer: President’s Constitutional Authority with Regard to the Armed Forces, CRS In Focus, updated December 17, 2018

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Other new and updated reports from the Congressional Research Service include the following.

The Special Counsel Investigation After the Attorney General’s Resignation, CRS Legal Sidebar, January 2, 2019

Government Expenditures on Defense Research and Development by the United States and Other OECD Countries: Fact Sheet, updated December 19, 2018

Executive Branch Ethics and Financial Conflicts of Interest: Disclosure, CRS Legal Sidebar, January 2, 2019

DHS’s Cybersecurity Mission–An Overview, CRS In Focus, updated December 19, 2018

New U.S. Policy Regarding Nuclear Exports to China, CRS In Focus, December 17, 2018

Congress’s Authority to Influence and Control Executive Branch Agencies, updated December 19, 2018

Noteworthy new and updated reports from the Congressional Research Service include the following.

Congressional Oversight of Intelligence: Background and Selected Options for Further Reform, December 4, 2018

The War Powers Resolution: Concepts and Practice, updated December 11, 2018

U.S. International Food Assistance: An Overview, December 6, 2018

U.S.-Mexico Economic Relations: Trends, Issues, and Implications, updated December 6, 2018

Cryptocurrency: The Economics of Money and Selected Policy Issues, December 7, 2018

Venue: A Legal Analysis of Where a Federal Crime May Be Tried, updated December 6, 2018

Debt and Deficits: Spending, Revenue, and Economic Growth, CRS In Focus, December 4, 2018

U.S. Gun Policy: Framework and Major Issues, CRS In Focus, December 3, 2018

Russian Compliance with the Intermediate Range Nuclear Forces (INF) Treaty: Background and Issues for Congress, updated December 7, 2018

Russia, the Skripal Poisoning, and U.S. Sanctions, CRS In Focus, updated December 4, 2018

Shutdown of the Federal Government: Causes, Processes, and Effects, updated December 10, 2018

The US has imposed several categories of sanctions on Russia in response to malicious or objectionable Russian activity. A new report from the Congressional Research Service provides an overview of US sanction tools and authorities, and their application to the case of Russia. It also discusses the various sanction regimes, their targets, their effectiveness, and the countersanctions that Russia has introduced. See U.S. Sanctions on Russia, November 28, 2018.

Other new and updated products from the Congressional Research Service include the following.

Iran Sanctions, updated November 28, 2018

The “National Security Exception” and the World Trade Organization, CRS Legal Sidebar, November 28, 2018

U.S. Tariff Policy: Overview, CRS In Focus, November 28, 2018

District Court Temporarily Blocks Implementation of Asylum Restrictions on Unlawful Entrants at the Southern Border, CRS Legal Sidebar, November 27, 2018

The Venezuela Regional Migration Crisis, CRS In Focus, November 27, 2018

Brexit at a Pivotal Moment, CRS Insight, November 28, 2018

Revisiting the Doubling Effort: Trends in Federal Funding for Basic Research in the Physical Sciences and Engineering, CRS Insight, November 27, 2018

Administration of the House of Representatives: Actions Taken During a New Congress and Following a Majority Change, CRS In Focus, November 26, 2018

Electing the Speaker of the House of Representatives: Frequently Asked Questions, updated November 26, 2018

Defense Primer: Under Secretary of Defense for Research and Engineering, CRS In Focus, updated November 14, 2018

Defense Primer: RDT&E, CRS In Focus, updated November 13, 2018

Defense Primer: Congress’s Constitutional Authority with Regard to the Armed Forces, CRS In Focus, updated November 13, 2018

Defense Primer: Legal Authorities for the Use of Military Forces, CRS In Focus, updated November 13, 2018

Several short introductions to basic aspects of U.S. military policy have recently been updated by the Congressional Research Service. Intended for congressional consumers, they may also be useful to others.

Defense Primer: Organization of U.S. Ground Forces, CRS In Focus, updated November 16, 2018

Defense Primer: Special Operations Forces, CRS In Focus, updated November 16, 2018

Defense Primer: Navigating the NDAA, CRS In Focus, updated November 16, 2018

Defense Primer: Defense Appropriations Process, CRS In Focus, updated November 16, 2018

Defense Primer: Department of the Army and Army Command Structure, CRS In Focus, updated November 16, 2018

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It is hard even for attentive members of the public to fully comprehend the U.S. military budget.

“The scale of spending alone makes it hard to grasp. Public understanding of the costs of war is further limited by secrecy, faulty accounting, and the deferral of current costs,” I argued recently in a short paper for the Costs of War Project at Brown University. See The Costs of War: Obstacles to Public Understanding, November 14, 2018.

Neta C. Crawford of Brown University estimated the post-9/11 costs of war at $5.9 trillion through FY 2019.

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Other noteworthy new releases from the Congressional Research Service include the following.

The Global Research and Development Landscape and Implications for the Department of Defense, updated November 8, 2018

U.S. Ground Forces Robotics and Autonomous Systems (RAS) and Artificial Intelligence (AI): Considerations for Congress, updated November 20, 2018

United States and Saudi Arabia Energy Relations, CRS In Focus, November 19, 2018

Global Human Rights: Multilateral Bodies & U.S. Participation, CRS In Focus, updated November 23, 2018

The European Union: Current Challenges and Future Prospects, updated November 15, 2018

Immigration: “Recalcitrant” Countries and the Use of Visa Sanctions to Encourage Cooperation with Alien Removals, CRS In Focus, November 15, 2018

Infrastructure Investment and the Federal Government, CRS In Focus, updated November 19, 2018

Insulin Products and the Cost of Diabetes Treatment, CRS In Focus, November 19, 2018

Quantum Information Science: Applications, Global Research and Development, and Policy Considerations, updated November 19, 2018

What Role Might the Federal Government Play in Law Enforcement Reform?, CRS In Focus, updated November 16, 2018

Who Can Serve as Acting Attorney General, CRS Legal Sidebar, November 15, 2018