Emails undercut the official IRS story on political targeting

Congress's investigation into the IRS targeting of conservatives has been continuing out of the Syria headlines, and it's turning up news. Emails unearthed by the House Ways and Means Committee between former Director of Exempt Organizations Lois Lerner and her staff raise doubts about IRS claims that the targeting wasn't politically motivated and that low-level employees in Cincinnati masterminded the operation.

In a February 2011 email, Ms. Lerner advised her staff—including then Exempt Organizations Technical Manager Michael Seto and then Rulings and Agreements director Holly Paz—that a Tea Party matter is "very dangerous," and is something "Counsel and [Lerner adviser] Judy Kindell need to be in on." Ms. Lerner adds, "Cincy should probably NOT have these cases."

That's a different tune than the IRS sang in May when former IRS Commissioner Steven Miller said the agency's overzealous enforcement was the work of two "rogue" employees in Cincinnati. When the story broke, Ms. Lerner suggested that her office had been unaware of the pattern of targeting until she read about it in the newspaper. "So it was pretty much we started seeing information in the press that raised questions for us, and we went back and took a look," she said in May.

Earlier this summer, IRS lawyer Carter Hull, who oversaw the review of many Tea Party cases and questionnaires, testified that his oversight began in April 2010. Tea party cases under review are "being supervised by Chip Hull at each step," Ms. Paz wrote to Ms. Lerner in a February 2011 email. "He reviews info from TPs, correspondence to TPs etc. No decisions are going out of Cincy until we go all the way through the process with the c3 and c4 cases here." TP stands for Tea Party, and she means 501(c)(3) and 501(c)(4) nonprofit groups.

The emails also put the targeting in the context of the media and Congressional drumbeat over the impact of conservative campaign spending on the 2012 elections. On July 10, 2012 then Lerner-adviser Sharon Light emailed Ms. Lerner a National Public Radio story on how outside money was making it hard for Democrats to hold their Senate majority.

The Democratic Senatorial Campaign Committee had complained to the Federal Election Commission that conservative groups like Crossroads GPS and Americans for Prosperity should be treated as political committees, rather than 501(c)(4)s, which are tax-exempt social welfare groups that do not have to disclose their donors.

"Perhaps the FEC will save the day," Ms. Lerner wrote back later that morning.

That response suggests Ms. Lerner's political leanings, and it also raises questions about Ms. Lerner's intentions in a separate email exchange she had when an FEC investigator inquired about the status of the conservative group the American Future Fund. The FEC and IRS don't have the authority to share that information under section 6103 of the Internal Revenue Code. But the bigger question is why did they want to? After the FEC inquiry, the American Future Fund also got a questionnaire from the IRS.

Ms. Lerner famously invoked her right against self-incrimination rather than testify under oath to Congress. The House Oversight and Government Reform Committee reported this summer that its investigation had found Ms. Lerner had sent official IRS documents to her personal email account, and many questions remain unanswered. Democrats want to pretend the IRS scandal is over, but Ms. Lerner's role deserves much more exposure.

7 hours ago
Key IRS official retires after controversy
Posted by
CNN's Dana Bash and Kevin Bohn and Deirdre Walsh
Washington (CNN) - The woman who first confirmed the Internal Revenue Service had unfairly targeted certain political groups is retiring, the IRS said in a statement Monday.

Lois Lerner, director of tax exempt organizations for the IRS, was placed on administrative leave in May, just weeks after she admitted the IRS was applying extra scrutiny to certain groups between 2010 and 2012.



Her statements were followed by an audit with similar findings by the Treasury Inspector General for Tax Administration.

"We can confirm today that Lois Lerner has retired," the IRS said in a statement. "Under federal privacy rules, the IRS cannot comment further on individual employee matters."

Lerner drew fierce criticism from Republicans shortly after she admitted at an American Bar Association conference and later in a phone conference with reporters that the IRS had focused on groups with the names "tea party" and "patriot" in their titles. Over the summer, however, more investigations revealed that the IRS had also looked closely at groups that used the word "progressive."

She appeared before the House Oversight Committee in May and stated she had not broken any laws or agency regulations. She then invoked her Fifth Amendment right against self-incrimination and declined to answer questions. However, she could still be called back to testify.

It was one of several congressional hearings held this past summer over the IRS controversy.

Her retirement came Monday as an accountability review board–which was created by IRS Acting Commissioner Danny Werfel to investigate the issue–had completed its work and reached out to Lerner's attorney to notify her they would be recommending her removal, according to Rep. Sander Levin, top Democrat on the House Ways and Means Committee.

The same review did not find any political bias or willful misconduct.

Levin argued the latest review disproves Republican claims of outside influence to target groups based on political ideology.

“The basic overreaching premise of the Republicans that the IRS had an ‘enemies list’ and was being influenced from the outside has been proven wrong again, as it has again and again,” Levin said.

CNN requested a response from Lerner's attorney, but has not yet received one.

House Oversight and Government Reform chairman Darrell Issa said Lerner's departure "does not alter" his committee's "interest in understanding why applicants for tax exempt status were targeted and inappropriately treated because of their political beliefs."

"We still don't know why Lois Lerner, as a senior IRS official, had such a personal interest in directing scrutiny and why she denied improper conduct to Congress," he said in a statement, adding the committee is still interested in hearing her testimony.

An article cited by Whembly wrote:The FEC and IRS don't have the authority to share that information under section 6103 of the Internal Revenue Code.

 Dreadclaw69 wrote:
So she oversaw the unit that engaged in targeting groups, broke the news that they engaged in targeting, plead the 5th, and now she is retiring and being paid from the public purse.

Spoiler:

http://politicalticker.blogs.cnn.com/2013/09/23/key-irs-official-retires-after-controversy/

7 hours ago
Key IRS official retires after controversy
Posted by
CNN's Dana Bash and Kevin Bohn and Deirdre Walsh
Washington (CNN) - The woman who first confirmed the Internal Revenue Service had unfairly targeted certain political groups is retiring, the IRS said in a statement Monday.

Lois Lerner, director of tax exempt organizations for the IRS, was placed on administrative leave in May, just weeks after she admitted the IRS was applying extra scrutiny to certain groups between 2010 and 2012.



Her statements were followed by an audit with similar findings by the Treasury Inspector General for Tax Administration.

"We can confirm today that Lois Lerner has retired," the IRS said in a statement. "Under federal privacy rules, the IRS cannot comment further on individual employee matters."

Lerner drew fierce criticism from Republicans shortly after she admitted at an American Bar Association conference and later in a phone conference with reporters that the IRS had focused on groups with the names "tea party" and "patriot" in their titles. Over the summer, however, more investigations revealed that the IRS had also looked closely at groups that used the word "progressive."

She appeared before the House Oversight Committee in May and stated she had not broken any laws or agency regulations. She then invoked her Fifth Amendment right against self-incrimination and declined to answer questions. However, she could still be called back to testify.

It was one of several congressional hearings held this past summer over the IRS controversy.

Her retirement came Monday as an accountability review board–which was created by IRS Acting Commissioner Danny Werfel to investigate the issue–had completed its work and reached out to Lerner's attorney to notify her they would be recommending her removal, according to Rep. Sander Levin, top Democrat on the House Ways and Means Committee.

The same review did not find any political bias or willful misconduct.

Levin argued the latest review disproves Republican claims of outside influence to target groups based on political ideology.

“The basic overreaching premise of the Republicans that the IRS had an ‘enemies list’ and was being influenced from the outside has been proven wrong again, as it has again and again,” Levin said.

CNN requested a response from Lerner's attorney, but has not yet received one.

House Oversight and Government Reform chairman Darrell Issa said Lerner's departure "does not alter" his committee's "interest in understanding why applicants for tax exempt status were targeted and inappropriately treated because of their political beliefs."

"We still don't know why Lois Lerner, as a senior IRS official, had such a personal interest in directing scrutiny and why she denied improper conduct to Congress," he said in a statement, adding the committee is still interested in hearing her testimony.

 Frazzled wrote:

 Dreadclaw69 wrote:
So she oversaw the unit that engaged in targeting groups, broke the news that they engaged in targeting, plead the 5th, and now she is retiring and being paid from the public purse.

Sounds like a good gig if you can get it.

IRS scandal figure Lois Lerner is negotiating through her lawyers with Rep. Darrell Issa’s House Oversight and Government Reform Committee about possibly gaining immunity to testify again in the committee’s investigative hearings.

“The Chairman did not adjourn the hearing, he recessed it. Ms. Lerner remains under subpoena. The Committee has not made any offer of immunity to Ms. Lerner. The Committee has, however, indicated a willingness to listen to any offers from her attorney about what she would testify to if it was offered,” Oversight Committee adviser Ali Ahmad told The Daily Caller.

“I don’t have any update for you on timing,” Ahmad said in regard to when Lerner will be called back before the committee.

Though Lerner, who apologized for her IRS division’s improper scrutiny of conservative groups applying for tax-exempt status, can be called back before Issa’s committee without immunity, and even arrested if she doesn’t show up, Oversight seems to be taking a more diplomatic approach to get information out of her.

Washington-based Lerner tried to plead the Fifth to avoid self-incrimination in congressional testimony in May, but the Oversight Committee ruled that she waived her Fifth Amendment rights when she said “I have not broken any laws” before attempting her plea.

Emails released this month show Lerner appearing to collude with Democratic operatives and the Federal Election Commission in targeting tea party groups in 2011.

The IRS did not return a request for comment on the nature of Lerner’s negotiations with investigators.

 whembly wrote:
Things are about to get interesting with Loris' camp...

Lois Lerner’s lawyers negotiating with Oversight Committee on immunity

IRS scandal figure Lois Lerner is negotiating through her lawyers with Rep. Darrell Issa’s House Oversight and Government Reform Committee about possibly gaining immunity to testify again in the committee’s investigative hearings.

“The Chairman did not adjourn the hearing, he recessed it. Ms. Lerner remains under subpoena. The Committee has not made any offer of immunity to Ms. Lerner. The Committee has, however, indicated a willingness to listen to any offers from her attorney about what she would testify to if it was offered,” Oversight Committee adviser Ali Ahmad told The Daily Caller.

“I don’t have any update for you on timing,” Ahmad said in regard to when Lerner will be called back before the committee.

Though Lerner, who apologized for her IRS division’s improper scrutiny of conservative groups applying for tax-exempt status, can be called back before Issa’s committee without immunity, and even arrested if she doesn’t show up, Oversight seems to be taking a more diplomatic approach to get information out of her.

Washington-based Lerner tried to plead the Fifth to avoid self-incrimination in congressional testimony in May, but the Oversight Committee ruled that she waived her Fifth Amendment rights when she said “I have not broken any laws” before attempting her plea.

Emails released this month show Lerner appearing to collude with Democratic operatives and the Federal Election Commission in targeting tea party groups in 2011.

The IRS did not return a request for comment on the nature of Lerner’s negotiations with investigators.

So... the committee need her to testify truthfully about who ordered what and when, in order to see if this attack on the administration’s political opponents reaches to presidential appointees or the White House itself.

If she has that sort of information and is willing to testify to it... then the committee should trade full immunity for it.

What I find interesting, is that if this turns out to be ALL Lois' doing...then, obviously she ain't doing anything besides reaffirming her 5th. So... here's the kicker...if that’s all Lerner has... then, she doesn't have to do anything. But, the fact that she/her attorney is willing to discuss full immunity... that suggest she has information to give.