LAW OFFICE OF

J . W HITFIELD L ARRABEE
TRIAL AND APPELLATE LAWYER
14 SEARLE AVENUE
BROOKLINE, MASSACHUSETTS 02445

TELEPHONE: (857) 991-9894

JW.LARRABEE@VERIZON.NET

October 19, 2019

Investigator Michelle King

Office of Chief Trial Counsel - Enforcement
State Bar of California
845 S. Figueroa Street
Los Angeles, CA 90017

Re: J. Whitfield Larrabee v. Charles Paul Rettig

Respondent: Charles Paul Rettig
Case No. 19-0-15769

Dear Investigator King:

I recently received a letter dated October 7, 2019 from Attorney Elizabeth Stine of the
Office of Chief Trial Counsel advising me to provide documents and information to you within
15 days.

Enclosed please find four documents that concern my complaint against IRS
Commissioner Rettig:

1) Confidential IRS memorandum obtained by the Washington Post concerning

Congressional access to tax returns and return information1;

2) The decision in the case of Donald J. Trump, et al., Appellants v.Mazars USA, LLP
and Committee on Oversight and Reform of the U.S. House of Representatives, United States
Court of Appeals for the District of Columbia, No. 19-5142;

3) A memorandum of opinion from Assistant Attorney General Steven Engel of the U.S.
Department of Justice Office of Legal Counsel concerning the Congressional Committee’s
Request for the President’s Tax Returns Under 26 U.S.C. § 6103(f ), and,

1
Jeff Stein, Josh Dawsey, Confidential draft IRS memo says tax returns must be given to
Congress unless president invokes executive privilege, Washington Post, May 21, 2019
https://www.washingtonpost.com/business/economy/confidential-draft-irs-memo-says-tax-return
s-must-be-given-to-congress-unless-president-invokes-executive-privilege/2019/05/21/8ed41834
-7b1c-11e9-8bb7-0fc796cf2ec0_story.html
 4) Letter from White House Counsel Pat A. Cippollone notifying officials in the U.S.
House of Representatives that the Trump regime will not cooperate with impeachment inquiry.

Lawyers and officials in the Trump regime have refused to cooperate with requests for tax
returns, tax information, testimony and other documents for purely partisan reasons and without
any legal basis. Engel and Cippollone have lengthy histories of partisan activities and are both
associated with the right-wing Federalist Society. Engel’s memorandum and Cippollone’s letter
are fig leafs created to obstruct Congress’s lawful investigations and oversight.

Due to the position of the Department of Justice and the White House, Rettig has been
able to violate federal criminal laws, including 26 U.S.C. § 7214(a), 18 U.S.C. § 371 and 2
U.S.C. § 192 with impunity. Subsequent to the filing of my complaint in this matter, the House
Ways and Means Committee subpoenaed the Trump’s Tax returns and records from Secretary
Mnuchin and IRS Commissioner Rettig. Rettig and Mnuchin failed to comply with the
subpoenas in violation of 2 U.S.C. § 192. This section provides:

Every person who having been summoned as a witness by the authority of either
House of Congress to give testimony or to produce papers upon any matter under
inquiry before either House, or any joint committee established by a joint or
concurrent resolution of the two Houses of Congress, or any committee of either
House of Congress, willfully makes default, or who, having appeared, refuses to
answer any question pertinent to the question under inquiry, shall be deemed
guilty of a misdemeanor, punishable by a fine of not more than $1,000 nor less
than $100 and imprisonment in a common jail for not less than one month nor
more than twelve months.

Rettig is an active and ongoing participant in obstruction of Congress orchestrated by the

Trump administration. If he cannot or will not carry out his duty to produce the tax information
due to the illegal and criminal acts of other officials in the Trump administration, Rettig has a
duty to resign and speak out against these violations of the law. His participation in and
acquiescence in criminal, illegal and unethical conduct should not be tolerated by the State Bar.

In light of the Trump regime’s provision of impunity to Rettig for his crimes and ethical
misconduct, it is important that State Bar of California ensures that Rettig does not enjoy
impunity from applicable California laws, rules and ethical requirements. Rettig’s violations of
federal law also violate the Rules of Professional Conduct. I respectfully request that the Office
of Chief Trial Counsel fully investigate this matter and that it independently determine whether
Rettig engaged in criminal violations, obstruction of Congress or other unethical conduct raised
by my complaint and this letter.

Thank you for your time and attention to this matter.

Very truly yours,

J. Whitfield Larrabee