‘That’s just wrong’: AG Nick Brown responds to document dump fueling questions over WA ‘millionaires’ tax

A newly released cache of internal emails and documents is intensifying scrutiny over Washington’s proposed “Millionaires’ Tax,” as Attorney General Nick Brown publicly addresses mounting questions for the first time.

Nearly 1,000 pages of records obtained by The Center Square suggest the tax may have been designed not only to raise revenue, but to trigger a legal challenge aimed at reshaping Washington’s constitutional limits on income taxes.

The documents outline discussions among lawmakers about expanding an income tax beyond high earners and include legal guidance from the Attorney General’s Office on how to navigate constitutional constraints.

Senate leader’s emails reveal desire to overturn 1933 constitutional ban on income taxes

In the emails, Senate Majority Leader Jamie Pedersen, the bill’s sponsor, indicates a desire to “force” the Washington State Supreme Court to revisit its long-standing 1933 ruling that blocks a graduated income tax.

When pressed at a press conference in Olympia on Monday on whether his office was advising lawmakers on how to circumvent the state Constitution, Brown attacked the breadth of the question and added that giving general legal guidance is “common and appropriate.”

“I would disagree with your framing of it, but it is very common for AG’s offices to advise their clients on the law, the status of cases, and analyzing prior Supreme Court decisions,” Brown said. “It is something that we do on a regular basis. It is something that all of my predecessors have done. So, yes, I think it’s pretty common and appropriate.”

KIRO Newsradio’s analysis of the emails did not find the AG’s office gave direct or specific advice on how to circumvent the Constitution, but Senate Majority Leader Jamie Pedersen did appear to say in several emails he wanted to “force” the issue back to the Washington State Supreme Court to try and overturn a 1933 ruling that upheld the Constitutions income as property, therefore ensuring a graduated tax system, like the Millionaire’s tax remains illegal.

If the state’s high court overturns its 1933 ruling, critics — including Republican leaders in Olympia — warn it could pave the way for a broad income tax on all Washington residents.

Supporters, including Senate Majority Leader Jamie Pedersen, argue the current tax system is falling behind budget demands and worsening affordability, saying higher earners should pay a larger share to ease the burden on lower-income households.

“We must get the Supreme Court to change that it doesn’t agree with what their long-dead predecessors did in 1933 if we want to have this kind of a change in the tax system,” Pedersen said on “The Gee and Ursula Show” on Monday. “We’re trying to develop that sense of trust that, what we’re really about, is not just grabbing more money for more taxes, but actually changing the direction of our tax system to make it fairer.”

Pedersen argues tax shift needed to ease burden on lower-income households

Pederson was also asked whether he intends to put the Millionaire’s Tax on the ballot for residents to decide whether to adopt the tax or repeal it.

“Ultimately, we’re going to find out at the ballot box when there’s an initiative to repeal it, whether people want to try this experiment by having a tax on millionaires that will help lower taxes for the other 8 million people,” Pedersen explained.

Brown was also asked whether it was appropriate to work with lawmakers to keep the measure off the November ballot, pushing back on claims his office acted improperly.

“That’s just wrong. If you look at the email communications, my solicitor general and people in the office were talking about how this, because it’s raising revenue, couldn’t go to a referendum, so we weren’t trying to bypass the voters. We weren’t advising the legislature how to do that,” Brown said. “We were explaining what the state of the law is. So, the framing of the question and the reporting of that is just incorrect.”

While the Attorney General’s Office has previously responded to inquiries, this marks the first time Brown himself has directly addressed the allegations.

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