Showing posts with label IRS. Show all posts
Showing posts with label IRS. Show all posts

Thursday, May 31, 2018

Obama Says ‘I Didn’t Have Scandals.’ So What Are All These?


May 29, 2018
Former President Barack Obama on Wednesday delivered an hourlong keynote address at Oktane18, a three-day customer conference held by Okta, a San Francisco-based security software firm at the Aria ...
Former President Barack Obama last Wednesday delivered an hourlong keynote address at Oktane18, a three-day customer conference held by Okta, a San Francisco-based security software firm at the Aria Hotel in Las Vegas. Photo by Okta, Inc.
At a Las Vegas tech conference last week, former president Barack Obama told an audience that his presidency had been scandal-free. “I didn’t have scandals, which seems like it shouldn’t be something you brag about,” Obama joked, according to Newsweek. We hear this talking point quite often from Democrats.
Now, perhaps the president didn’t experience the fallout from a scandal, which is very different from never having been involved in one. For this confusion, Obama can thank the political media.
Why does it matter now? For one thing, historical revisionism shouldn’t go unchallenged. Democrats are running to retake power, and many of them were participants or accomplices in numerous corrosive scandals that have been airbrushed.
The other reason, of course, is that when we start to juxtapose the mythically idyllic Obama presidency with the tumultuous reign of Trump, we’re reminded that many journalists largely abdicated their responsibilities for eight years — which has a lot to do with the situation we find ourselves in today.
It’s not about Obama’s brazen lying about Obamacare or even recurrent abuse of power. I’m talking about supposed non-scandals like “Operation Fast and Furious,” a program devised by the Bureau of Alcohol, Tobacco, Firearms, and Explosives (ATF) that put around 2,000 weapons into the hands of narco-traffickers (and an Islamic terrorist), leading to the murder of hundreds of Mexicans and at least one American, border agent Brian Terry.
The body count could have been higher when a homegrown extremist who, with another assailant, attempted to murder the audience at a “Draw Muhammad” contest in Garland, Texas with one of the Fast and Furious weapons. An off-duty police officer killed both of the attackers.
Despite the incompetence, absurdity, recklessness, and fatalities of the program, the entire affair never really received scandal-like attention. No one lost his job. There will almost certainly be a tweet from Trump this week that political media will afford more attention than a story in which an American border agent was murdered with the gun Obama’s ATF provided.
Not even when the administration refused to cooperate with congressional investigators was it handled like a scandal. Not even when a federal judge rejected Obama’s assertion of executive privilege in efforts to deny Congress files relating to the gun-walking operation was it treated as a scandal. Not even when we learned that Obama attorney general Eric Holder misled Congress about when he was made aware of the program did it rise to the importance of a Trump tweet. Holder became the first sitting attorney general in American history to be held in contempt of Congress — a vote that included 17 Democrats — and Obama still never paid a political price.
As it was, the Obama administration persistently ignored courts and oversight, breaking norms because it was allowed to do so. The president was articulate, friendly, and progressive. He might have executed an American citizen without a trial (not a scandal!), but his contempt for the process could be forgiven.
It’s why Obama could secretly send planes filled with cash to pay a ransom to a terror state (using money earmarked for terror victims) and most reporters and analysts would regurgitate the justification they heard in the echo chamber. One Politico reporter might drop a 14,000-word heavily sourced investigative piece (two officials involved in the program went on the record) detailing how the Obama administration undermined law enforcement efforts to shut down an international drug-trafficking ring run by the terror group Hezbollah operating in the United States, and most major news organizations never even mentioned the piece.
When they did, it was usually to give space to former Obama officials to smear the reporter.
It needn’t be said, but if the names were changed to Trump and Russia, the president would be accused of sedition. But by any conceivable journalistic standard, it’s a scandal that should have triggered widespread coverage. So when we see mass indignation over every single hyperbolic statement from the current president, it’s a bit difficult to buy the outrage.
An Obama official famously bragged to The New York Times Magazine that he could rely on the ignorance, inexperience, and partisan dispositions of reporters to convey administration talking points to help push through preferred policy. Rather than being hurt or embarrassed by this kind of accusation of unprofessionalism, many reporters are more reliant on the same people than ever before.
Yet many professionals who supposedly deplore the authoritarian nature of an administration that doesn’t answer CNN’s questions were generally quiet when Obama spied on reporters. The Obama DOJ spied on the Associated Press in an attempt to crack down on internal leaks. The DOJ tapped around 20 different phone lines—including cell phone and home lines—that snared at least 100 staffers who worked for the outlet. The Justice Department spied on Fox News reporter James Rosen in 2010, collecting his telephone records, looking at his personal emails and tracking his movements.
Color me skeptical, but somehow I doubt similar Trump efforts would be framed as a “rare peek into a Justice Department leak probe,” as if we were pulling the curtains back on a fashion show. It would be, rightly, depicted as an assault on democracy.
Then again, spying was also never really given the scandal treatment during the Obama years. As Obama’s CIA director, John Brennan became aware of an operation ofillegal spying of a legislative branch staffer over torture files and misled the media about it. Did the president know? Shrug. The story hardly made a dent. Likewise, Obama’s director of national intelligence, James Clapper, admitted he misled Congress about spying on American citizens. No scandal.
Today both these people are on TV chumming around with serious journalists who allow them to continue to make reckless, unsubstantiated political statements all the time. It isn’t Chuck Todd on “Meet the Press” who asks Clapper tough questions, it’s Meghan McCain on “The View.”
There was unprecedented politicization of the government under Obama — most of it, I imagine, excused for being part of a good cause. The NLRB. The Justice Department. The IRS. The Office of Special Counsel, which reviews whistleblower allegations, foundthat IRS employees urged callers to vote for Obama, wore pro-Obama swag, and campaigned for Democrats in conversations with taxpayers — all of it illegal.
But far more seriously, IRS leadership, specifically Lois Lerner, aggressively targeted conservative groups before elections. The IRS admitted as much in an apology letter. Lerner was held in contempt by Congress for refusing to comply with investigators’  demands. She never answered questions for this genuine attack on democracy.
What difference does it make, right? While the extent of the incompetence and negligence during the Benghazi terror attack on September 11, 2012 is still unknown, what we do know is that Obama and a number of high-ranking officials in his administration lied about what happened for partisan reasons. Susan Rice went on a number of national television shows and claimed that Benghazi was a “spontaneous reaction” to “hateful and offensive video,” even when she knew it was a sophisticated and pre-planned terror attack. (Rice is now on the Netflix board, and Obama is a very rich man. At some point you’ve made enough money, but that time is not yet. )
Although they knew it was a complex terror attack, Obama and Hillary Clinton cut television ads to placate radicals in Islamic nations by repeating the claim that a video perpetuated the attack, and apologizing for American free speech — a scandal in itself.
Worse, however, the administration detained the man who produced the offensively amateurish “Innocence of Muslims,” and initially charged him with lying about his role in the production of the video. This was a blatant attack on free expression. Yet most of the mainstream press continued to take the administration’s word for it and report that the video was the cause of the “protests.”
Democrats in general just kept pretending that every accusation was merely a partisan, racist plot to undermine the president. Whether it was bypassing process and oversight to fund cronyistic green projects that enriched political and ideological allies with tax dollars, or the Secret Service’s embarrassing debauchery or Hillary Clinton’s attempts to circumvent transparency or, perhaps the most immoral, the Veterans Affairs’ negligence regarding veterans, they would never admit they faced a scandal.
This double standard in coverage makes today’s often sanctimonious reactions to Trump a bit difficult to take. Many reporters will snarkily point out that most of the stories critics latch onto have been reported on or broken by mainstream journalists. It’s true. There are plenty of good journalists out there. But it’s the intensity of the coverage and the framing of the events that is evidence of ideologically motivated coverage.  And every time Obama or his allies claim that they were scandal-free, millions of Americans are reminded of the obsequiousness of most media coverage.
David Harsanyi is a Senior Editor at The Federalist. He is the author of the forthcoming book,First Freedom: A Ride Through America's Enduring History with the Gun, From the Revolution to Today. Follow him on Twitter.

Sunday, October 25, 2015

DOJ lets Lois Lerner off the hook

By WASHINGTON EXAMINER  10/24/15 12:01 AM

"After stating that their investigation confirms that Tea Party and conservative groups were improperly targeted," Issa noted, "they dismiss it merely as a byproduct of gross mismanagement and incompetence -- ignoring volumes of evidence in the public record and efforts to obstruct legitimate inquiries." (AP Photo/Manuel Balce Ceneta)


If it's Friday it must be time for the Obama administration to announce a shabby decision to news media keen to turn their attention away from government affairs and toward football and other rewards of a relaxing weekend.
The Justice Department announced this Friday that it will not pursue charges against former IRS manager Lois Lerner or any other IRS official for targeting conservatives who applied to set up small non-profit groups.
In doing so, the department demonstrates its determination to make whistleblowers suffer even as bureaucratic malefactors go unpunished. Former House Oversight Chairman Darrell Issa summed up the department's findings in his brief statement. "After stating that their investigation confirms that Tea Party and conservative groups were improperly targeted," he noted, "they dismiss it merely as a byproduct of gross mismanagement and incompetence — ignoring volumes of evidence in the public record and efforts to obstruct legitimate inquiries."
Indeed, the Justice Department's letter to Congress states that its probe of the IRS found "substantial evidence of mismanagement, poor judgment and institutional inertia leading to the belief by many tax-exempt applicants that the IRS targeted them based on their political viewpoints. But poor management is not a crime."
First of all, it's more than a "belief" that the IRS targeted conservative and Tea Party non-profit applicants. In 2013, before she had invoked her Fifth Amendment right to remain silent, Lerner publicly admitted to the targeting. She did so because she knew that an inspector general's report would soon reveal it, and she hoped to lessen its fallout.
That targeting occurred has never been the subject of any serious controversy. IRS officials deliberately dragged out non-profit applications from small Tea Party-related groups for years and placed illegal and unreasonable demands on them, obstructing them from exercising their rights under the law. From the very beginning, the only question was who had been responsible for this.
The assertion that "poor management is not a crime" is true. In government, poor management is not even a firing offense. But "poor judgment" often results in actual criminal activity, or at least gross workplace misconduct that should result in firing and the loss of pension. Not a single IRS official has been held to account for the misconduct that caused this scandal.
The decision to let Lerner off the hook is truly outrageous. Government officials who abuse their power should always be first in line for prosecution. Lerner surely expected as much when she invoked the Fifth Amendment in order to avoid testifying before Congress.
In a previous role at the Federal Election Commission, Lerner had used the power and resources of that agency to target conservatives as well. In the late 1990s, she revived an already-closed FEC case against a conservative candidate who refused the offer she made him over the phone — "Just promise us you will not run for public office again and we'll drop it." Lerner lost that case in court, but only after successfully harassing an innocent citizen with a meritless complaint.
The existing electronic record of Lerner's activities at the IRS, the part that the bureaucrats did not destroy in contravention of a court order, shows how she worked deliberately to avoid leaving a paper trail at work. In her own emails, she warned colleagues that anything IRS employees put in writing could be found through Freedom of Information requests. She also established through inquiries to her agency's computer staff that conversations over the bureau's instant message system would not be saved for posterity. That suggests intent, not just "poor management."
Lerner's division systematically harassed small and inconsequential conservative groups by denying them equal treatment under the law. Why? Because they could. This is how bureaucratic bullies behave.
If they can get away with it, then the no rule of law is traduced.

Thursday, August 20, 2015

As the EPA and IRS Have Shown, with Big Government Comes Little Accountability


by VICTOR DAVIS HANSON August 20, 2015
http://www.nationalreview.com/


EPA chief: Colorado mine spill 'pains me'


Environmental Protection Agency Administrator Gina McCarthy speaks at a news conference on the recent Colorado mine spill after speaking at a Resources for the Future policy leadership forum, Tuesday, Aug. 11, 2015, in Washington. (AP Photo/Andrew Harnik)


Social observers from Aristotle and Juvenal to James Madison and George Orwell have all warned of the dangers of out-of-control government. Lately, we have seen plenty of proof that they were frighteningly correct.

The Environmental Protection Agency spilled 3 million gallons of toxic sludge into a tributary of the Animas River in Colorado. The stinky yellow flume of old mine waste — rife with cancer-causing mercury and arsenic — threatens to pollute the drinking and recreational water of three states.

Had a private oil company acted so incompetently and negligently, it would have been fined billions of dollars by the same EPA. The company’s top executives might have been subject to criminal prosecutions. The business’s reputation would have been tarnished for years. Just ask BP officials what the Obama administration did to the corporation after the Deepwater Horizon oil spill of 2010 in the Gulf of Mexico.

But who will police the green police at the EPA?

When EPA administrator Gina McCarthy promises that the agency will take “full responsibility,” what does that tired banality mean? Will she resign? Will bureaucrats responsible for the toxic spill face fines and jail sentences? Will residents be able to sue McCarthy and her subordinates for diminishing their quality of life? Will the Sierra Club and the Environmental Defense Fund rush to federal court to file briefs?

Consider the vast bureaucracy of U.S. Immigration and Customs Enforcement. Is it culpable for knowingly not enforcing immigration law and thus allowing some undocumented immigrants to commit violent crimes?

In cases where innocent Americans are killed by undocumented immigrants with long histories of felonies and deportations — such as the recent killing of Kate Steinle in San Francisco — can the victims’ families sue ICE or sanctuary cities for either releasing or hosting criminals who were residing in the U.S. illegally?

In our litigious society in which plaintiffs sue fast-food franchises for serving excessively hot coffee, why do government bureaucrats escape culpability when the innocent die or are injured as a result of bureaucratic negligence?

When the IRS hounds citizens about their taxes, can Americans inform the agency that they are invoking the Fifth Amendment and refusing to answer out of fear of self-incrimination — and expect to face no criminal consequences?

No? Why, then, was high-ranking IRS official Lois Lerner able to sign off on the excessive scrutiny of some conservative nonprofit groups, lie about it, and then invoke the Fifth — without any legal consequences?

Presidential candidate Hillary Clinton likely broke a number of federal laws while secretary of state in using a private e-mail server at her home to conduct both private and public business. One, she kept documents containing classified information at an unauthorized location. Two, she either destroyed or removed official communications entrusted to her as a public servant. Three, she was legally responsible for the loss of information involving national defense. Four, she likely destroyed documents to block federal agencies’ examination of them.

So far, Clinton had escaped any consequences.

What is the common denominator in these government scandals — as well as the recent scandals involving the needless deaths of veterans waiting for care at Veterans’ Health Administration facilities, the sex and booze escapades of Secret Service agents, the Las Vegas junketing at the General Services Administration, the snooping at the National Security Agency, and the lack of cyber-security at Office of Personnel Management?

The bigger that government gets, the more employees who are hired, and the more unaccountable power that accrues to bureaucracies, the more government takes on a life of its own. Public grandees resemble Hollywood’s out-of-control androids or Frankenstein monsters that turn on their creators — in these cases, us, the taxpayers.

Secure, high-level government administrative jobs — where dismissal is rare and automatic promotion common — promote mediocrity. Institutionalized incompetence explains why NASA can no longer launch its own astronauts into space without help from Russia, or why the cost of the California high-speed rail project soars before an inch of track is laid.

Clearly, Clinton and Lerner apparently assumed that as federal officials, they were not subject to the same laws imposed on other Americans. They reckoned that others in the fraternity of big government would protect them from legal jeopardy. And they are probably right.

Under the Obama administration, there is also a more disturbing trend: the equation of big government with social justice and hostility to private enterprise. If the EPA and other federal agencies are felt to be on the “right side” of fairness and equality, then why object when their means to supposedly noble ends violate or neglect the law?

Big government has become the new Terminator, at war with those who created it, who fund it — and who must obey it.

— Victor Davis Hanson is a classicist and historian at the Hoover Institution, Stanford University, and the author, most recently, of The Savior Generals. You can reach him by e-mailing author@victorhanson.com. © 2015 Tribune Media Services, Inc.


Saturday, May 02, 2015

IRS Steals $107,000 From Convenience Store Owner, Violating Its Own 'Structuring' Policy


The deposits were too small, so the government cleaned out his bank account.


Last October, in response to the outrage provoked by "structuring" cases in which the government took people's money because their bank deposits were too small, the IRS said it would no longer do that unless there was evidence that the money came from an illegal source. In March the Justice Departmentannounced a similar policy for seizures based on structuring, which entails making deposits of less than $10,000 with the intent of evading bank reporting requirements. Yet both the IRS and the DOJ arecontinuing to pursue the forfeiture of $107,000 that belongs to Lyndon McLellan, the owner of a convenience store in rural North Carolina, based on nothing but suspicion of structuring.
As in other structuring cases, McLellan lost his money because of well-intentioned but bad advice from a bank teller. The teller told McLellan's niece, who usually handled L&M Convenience Mart's deposits, she could save the bank burdensome paperwork by keeping the deposits below $10,000, the reporting threshold. Based on the resulting pattern of deposits, the IRS cleaned out McLellan's bank account a year ago, even though there was no evidence that the money came from anything other than his perfectly legal business, which combines a store with a gas station and restaurant. The Institute for Justice, which is suing the IRS and the DOJ on McLellan's behalf, notes that "the government filed its forfeiture complaint in December 2014, two months after the IRS announced it would not forfeit money in cases like this one." 
This is not the first time the IRS has seemed to violate its new policy, and the contradiction did not go unnoticed. On February 5, IRS Commissioner John Koskinen testified before the oversight subcommittee of the House Ways and Means Committee. Prior to the hearing, I.J. provided legislators with copies of the seizure affidavit and forfeiture complaint in McLellan's case. Without naming McLellan, Rep. George Holding (R-N.C.), a former U.S. attorney, asked Koskinen about the seizure:
Holding: Are you saying that under the new policy, you have to aver that we have probable cause to believe an illegal act is taking place other than the act of structuring?
Koskinen: Yes.
Holding: You sure about that?
Koskinen: That's what I'm advised by the people who run the Criminal Investigation Division.
Holding: The staff pulled for me a case from North Carolina, from my former prosecutorial district, after your policy change. And I've read through the affidavit and the associated documents. There's no allegation of illegal activity, other than the act of structuring...
Koskiken: If that case exists, it's not following the policy. 
Once Koskinen's position came to the attention of Steve West, the federal prosecutor handling the case, the government apologized and gave McLellan his money back. Just kidding. Actually, West was pissed off that someone had dared to share documents from the case with members of Congress. After McLellan and his accountant emailed West video of Holding's exchange with Koskinen, the prosecutor responded with a rebuke:
I'm a bit concerned. At your request, I provided you a copy of the application for seizure warrant, which remains under seal with the Court, and now it appears it has been made available to a congressional committee? I do not know who did that, and I am accusing no one, but it was not from our office and could only have come from your clients. That was certainly not my intent in making this available. Whoever made [the document] public may serve their own interest but will not help this particular case.
Your client needs to resolve this or litigate it. But publicity about it doesn't help. It just ratchets up feelings in the agency.
My offer is to return 50% of the money. The offer is good until March 30th COB.
I.J. notes that the rationale for filing seizure documents under seal is to avoid tipping off the owner, lest he take his money and run. But in this case, the seizure had already happened, and the government had provided the documents to McLellan. "Sealed filings are intended to promote legitimate law enforcement interests," I.J. says, "not to allow prosecutors to evade public scrutiny." And it's more than a little unseemly for a prosecutor to imply that the bad feelings caused by such scrutiny might affect the outcome of a case.
Innocent property owners, deprived of the funds they need to run their businesses and pay their lawyers, often end up accepting deals like the one McLellan was offered, figuring half a loaf is better than none. But McLellan, with pro bono help from I.J., is determined to fight. "It took me 13 years to save that much money," he says, "and it took fewer than 13 seconds for the government to take it away."
Here is I.J.'s video on the case:
Related:

Rules Change on I.R.S. Seizures, Too Late for Some -

Thursday, March 05, 2015

Rein in the IRS


By George F. Will
http://www.washingtonpost.com/opinions/
March 4, 2015


Lois Lerner  | John Shinkle/POLITICO

Rep. Peter Roskam (R-Ill.) is now chairman of the Ways and Means subcommittee whose jurisdiction includes oversight of the Internal Revenue Service, and hence of Lois G. Lerner’s legacy. He knows how interesting her career was before she, as head of the IRS tax-exempt organizations division, directed the suppression of conservative advocacy groups by delaying and denying them the exempt status that was swiftly given to comparable liberal groups.
In 2013, Roskam, in a televised committee hearing, told the story of Al Salvi, who in 1996 was the Republican Senate candidate against the then-congressman, now senator, Dick Durbin. Democrats filed charges with the Federal Election Commission against Salvi’s campaign, charges that threatened to dominate the campaign’s final weeks. Salvi telephoned the head of the FEC’s Enforcement Division, who he says told him: “Promise me you will never run for office again, and we’ll drop this case.” That official was Lois Lerner. After Salvi lost, FBI agents visited his elderly mother, demanding to know, concerning her $2,000 contribution to her son’s campaign, where she got “that kind of money.” When a federal court held that the charges against Salvi were spurious, the FEC’s losing lawyer was Lois Lerner.
Roskam’s telling of Salvi’s story elicited no denial from Lerner. Neither did the retelling of it in this column [June 13, 2013]. No wonder: The story had not been deemed newsworthy by the three broadcast networks’ evening news programs, by the New York Times or by The Post. With most of the media uninterested in the use of government institutions to handicap conservatives, stonewalling would work.
It still is working through dilatory and incomplete responses to subpoenas, and unresponsive answers to congressional questions. Lerner’s name now has an indelible Nixonian stain, but there probably will be no prosecution. If the administration’s stonewalling continues as the statute of limitations clock ticks, Roskam says, “She will get away with it.”
Now in his fifth House term, Roskam, 53, says, “The advantage in this town is always with the entity that doesn’t want to do anything.” Many thousands of Lerner’s e-mails that supposedly were irretrievably lost have been found, but not released. The Justice Department’s investigation, which was entrusted to a political appointee who was a generous contributor to Barack Obama’s campaign, is a stone in the stone wall.
Roskam says the task now is “to see that Lois Lerner 2.0 is impossible.” One place to begin is with the evidence — anecdotal but, in the context of proven IRS corruption, convincing — of other possibly punitive IRS behavior toward Republican contributors and other conservative activists. This justifies examining the IRS’s audit selection process. This would produce interesting hearings for most of the media to ignore.
Next, there should be hearings into the illegal disclosure of taxpayer information about conservative individuals and groups to the media and to liberal officials and groups. Cleta Mitchell, a lawyer for some groups abused by the IRS (and for this columnist on different matters), also suggests prohibiting IRS employees from joining a union.
“The National Treasury Employees Union,” she says, “provides no protection to IRS employees that federal statutes and the civil service system do not already provide. It already takes an act of God to hold an IRS employee accountable for his or her actions. But it is worse than merely redundant for IRS employees to belong to the NTEU. Because it adds nothing to its members’ protections, it is a purely political organization. In 2014, fully 95 percent of its contributions went to Democrats, including 11 Democratic members of the House Committee on Oversight and Government Reform. So, the IRS employees’ union dues finance the election of people who are supposed to scrutinize IRS behavior.”
On Wednesday, the Supreme Court heard oral arguments about whether the IRS’s lawlessness has extended to its role in implementing the Affordable Care Act. The act says that federal subsidies shall be distributed by the IRS to persons who buy insurance through exchanges “established by the State.” The act’s logic and legislative history, as well as a forceful statement by one of its architects, professor Jonathan Gruber of MIT, demonstrate that this clear language was written to “squeeze” — Gruber’s word — the states into establishing exchanges. But when 34 states did not establish them, the IRS began disbursing billions of dollars through federal exchanges.
The court probably will rule that the IRS acted contrary to law. If so, the IRS certainly will not have acted contrary to its pattern of corruption in the service of the current administration.
Read more from George F. Will’s archive or follow him on Facebook.

Thursday, December 04, 2014

Uncovering Obama’s IRS Enemies List


Posted By Matthew Vadum On December 4, 2014 @ 12:55 am In Daily Mailer,FrontPage | 5 Comments

More proof has emerged that President Obama is using the IRS as a weapon against his perceived enemies as the administration abruptly canceled the release of 2,500 damning documents reportedly showing that the IRS illegally shared taxpayer files with the White House.

The existence of the documents is yet more proof that Obama maintains an extensive enemies’ list and that he treats the IRS as his personal plaything while he closely collaborates with senior IRS officials who have practically taken up residence with him in the White House. To Obama, the IRS is an instrument of political repression and taxpayer terror. Although it isn’t exactly breaking news that Obama is doing Machiavellian things with the IRS that the nearly-impeached President Nixon only fantasized about doing, hard documentary evidence of wrongdoing has been slow in coming.

The abortive document dump comes as former IRS mandarin Lois Lerner remains at liberty. Instead of becoming a long-term guest of the Bureau of Prisons, the unrepentant left-wing Democratic activist continues to live a life of luxury in Bethesda, Md., a fancy suburb of Washington, D.C. Despite the severity of her crimes, she doesn’t even have to wear a monitoring anklet. She hasn’t even been charged with breaking the law, an oversight that may be corrected by the incoming Republican-dominated Congress.

With Lerner taking the lead, Obama’s IRS targeted conservative “social welfare” nonprofits seeking tax-exempt status under section 501c4 of the Internal Revenue Code. Evidence establishes that hundreds of groups affiliated with the Tea Party movement were bullied and intimidated from engaging in constitutionally protected political activism. The IRS also subjected conservative groups seeking tax-exempt status to heightened scrutiny, harassment, and extended processing delays that may have hindered their activities during previous election cycles.

But now the Obama administration, which barely acknowledges the historic electoral whooping it received last month, has placed the 2,500 documents that are apparently not related to Lerner’s escapades in limbo as it hides behind privacy laws that are supposed to protect taxpayers, as opposed to corrupt government officials.

The inspector general’s office for the U.S. Department of the Treasury is making the novel claim that privacy laws prevent the promised document release from taking place.

“All of the 2,043 pages of documents we have determined to be responsive were collected by the Secretary of the Treasury with respect to the determination of possible liability under Title 26 of the United States Code. These pages consist of return information protected by 26 U.S.C. § 6103 and may not be disclosed absent an express statutory exception,” the office indicated in a Dec. 1 letter.

The Treasury Department, which oversees the IRS, apparently hasn’t yet decided what to do with another 466 documents.

Dan Epstein, executive director of Cause of Action, was highly skeptical. Treasury is  using “sophisticated” lawyering to worm out of producing the documents.

Treasury Secretary Jack Lew acknowledges he is examining “potential liability” that his underlings violated the law by providing taxpayer information to the White House. Treasury is either “stonewalling” Cause of Action, or Lew “is incompetent” for only now getting around to investigating possible lawbreaking on a two-year-old case.

Asked about the case Tuesday, White House Press Secretary Josh Earnest claimed he didn’t know about it. He said, apparently with a straight face, that the administration “very closely” follows rules shielding the IRS from political interference.

“I can tell you that, as a rule, that the Obama administration has been very rigorous in following all of the rules and regulations that govern proper communication between Treasury officials and White House officials and the Internal Revenue Service,” Earnest said.

Epstein says Earnest isn’t telling the truth. “We know for a fact that the IRS broke the law,” he said. “If there is any evidence that the White House requested (unauthorized taxpayer information), then people in the White House are going to be implicated,” he said.

The Treasury Department’s decision to stonewall just so happens to coincide with publication this week of a four-part series by the Washington Examiner about the benefits and pitfalls of the federal inspectors-general system. The series details several occasions in which inspector generals “provided cover for agency managers seeking to avoid more rigorous evaluations.”

It goes without saying that Obama has been using the IRS improperly since he was sworn in as president. That’s the Chicago way.

Ask Catherine Engelbrecht, leader of the Houston-based good government group True the Vote. Since getting involved in the fight for ballot box integrity she has been subjected to a slew of audits, surprise inspections, and all manner of bureaucratic harassment. Ask supporters of the Manassas, Va.-based Patrick Henry Center for Individual Liberty, whose tax-exempt charitable status was yanked by the IRS because it disseminated criticism of Democrats Hillary Clinton and John Kerry a decade ago.

Ask officials of the National Organization for Marriage (NOM). Obama’s IRS has admitted it illegally provided the group’s confidential donor information to its left-wing arch-enemy, the Human Rights Campaign (HRC), which favors same-sex marriage. The IRS later agreed to settle a lawsuit by paying $50,000 in damages to NOM. The release of the tax filing, known as an IRS Form 990 was not the issue as such; in fact federal law requires 990s to be publicly disclosed.

But the IRS claimed one of its employees innocently neglected to redact the names and addresses of NOM’s donors before releasing the group’s amended 2008 Form 990 to an individual. The law requires groups like NOM to list top donors on Schedule B to the form. The information on Schedule B is supposed to be held in strictest confidence by the IRS. Unauthorized disclosure of confidential tax information is a felony that can lead to a five-year term of imprisonment, but Eric Holder’s Justice Department never got around to filing criminal charges in the case.

The egregious IRS leak allowed the HRC in February 2012 to post online NOM’s 2008 tax return and the names and contact information of NOM’s major donors, including Mitt Romney who became the Republican presidential nominee later that year. Making that normally confidential information public allowed progressive activists to harass and intimidate NOM’s donors, just as they had done in the wake of California’s Proposition 8 that affirmed traditional marriage in 2008. The most prominent victim of leftist venom was former Mozilla CEO Brendan Eich, who was forced out of his post because he dared to donate $1,000 to the “pro” traditional marriage side in the Prop 8 battle.

Left-wing activists call this kind of in-your-face harassment “accountability,” an Orwellian euphemism to be sure. Accountability actions focus on harassing and intimidating political enemies, disrupting their activities, and forcing them to waste resources dealing with activists’ provocations. It is a tactic of radical community organizers, open borders fanatics, and union goons. Taking a cue from Marxist theorist Herbert Marcuse, they want to shut down, humiliate, and silence those who fail to genuflect before their policy agenda.

Obama’s IRS is all about accountability, but not in the way that normal, patriotic Americans use the term.

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Tuesday, September 23, 2014

Lois Lerner’s Sob Story


If she’s so distraught about her damaged reputation, she might consider confessing. 

Employers won’t hire her. She’s been berated with epithets like “dirty Jew.” Federal agents have guarded her house because of death threats. And she’s spent hundreds of thousands of dollars defending herself against accusations that she orchestrated a cover-up in a scandal that has come to represent everything Americans hate about the IRS.
Behold, the martyrdom of Lois Lerner.

At least, that is the takeaway from Monday’s Politico interview with the former head of the IRS’s tax-exemption unit, the guileless victim of right-wing conspiracy theorists, Republican operators, and Darrell Issa.

“Lerner . . . has been painted in one dimension: as a powerful bureaucrat scheming with the Obama administration to cripple right-leaning nonprofits,” writes interviewer Rachel Bade. In reality, the scandal-hounded Lerner is — didn’t you suspect? — “a much more complicated figure than the caricature she’s become in the public eye.”
Of course, Richard Nixon was “complicated,” too, but he did not get 3,700 rehabilitative words in Politico.

Sixteen months after planting a questioner in the audience of an American Bar Association meeting to soften the revelation that the IRS had targeted conservative-leaning organizations for additional, often inappropriate, scrutiny, Lerner has not been washed clean of her iniquities — because, according to Politico, it’s an open question whether she erred in the first place. “I didn’t do anything wrong,” she maintains. “I’m proud of my career and the job I did for this country.”

That job apparently consisted of facilitating — if not expressly directing — the political repression of nearly 500 organizations, most of them tea-party affiliated, and then lying about her involvement; of ignoring millions of dollars in political spending by unions; of calling Republicans “crazies”; and likely of much more — which, of course, remains undiscovered, because Lerner pled the Fifth.

In her interview, Lerner says she “declined to talk” about her part in the targeting scandal, as if Jack Bauer were plugging her nails with bamboo shoots. At The Federalist, David Harsanyi corrects that misrepresentation: “You didn’t decline to talk, you are benefitting from a clause in the Constitution that allows a person to shield themselves from self-incrimination. This fact certainly doesn’t make you guilty, but it almost surely means you’re hiding something pretty important.”

That latter point is worth reiterating: Lerner, like any defendant, is innocent until proven guilty, and she deserves the fair administration of the legal process. Individuals who have personally attacked her or threatened her or her family do a disservice to the cause of good government that they claim to represent. That said, if it acts like a corrupt tax official, and if like a corrupt tax official it refuses to quack . . . 

It’s not surprising that an interview that took place in the presence of three attorneys — Lerner’s dynamic duo of personal lawyers, plus her husband, also a lawyer — focuses on the warm and fuzzy, sometimes literally: for instance, Lerner’s decision to take “unpaid leave” to rescue animals in New Orleans following Hurricane Katrina (the heroism of which is somewhat diminished by mention of Lerner’s $2.5 million house in Bethesda). But even those inclined to believe that Lerner is meticulously “apolitical” and “fair” (as unnamed sources contend) might balk at Bade’s suggestion that it was, in fact, Lerner’s “cautious” administration that was the cause of the targeting.

“The irony is she and Steve Miller were so extremely cautious, and yet their caution blew up in their face,” says Paul Streckfus, editor of EO [Exempt Organizations] Tax Journal. Her “new approach to classifying potential problem areas,” which involved creating “a team of 40 specialized agents to research emerging issues or suspect groups”; her preference for delegating responsibility (for instance, to agents at the department’s Cincinnati office); and the budget cuts her unit suffered from 2009 to 2013 — all worked together to create a “slow-moving” bureaucratic apparatus, which just happens to have had a marked predilection for auditing groups with “patriot” in their titles. Says Karen Grier, a tax attorney who worked with Lerner, “You could take her out of there and just stand in a different person, and no matter who it is, we would have the same result.”

Bade no doubt intended Grier’s quote as a defense of Lerner, but it suggests the point made by Lerner’s accusers on the right: that this is not about Lois Lerner — or Daniel Werfel, or Steve Miller, or any of the head honchos who made easy, early targets. The violation of the First Amendment rights of hundreds of organizations was not the work of one or two “rogue” operatives in Cincinnati, or in Washington, but the result of systematic malpractice at several levels. And that Lois Lerner has become a symbol of institutional corruption festering in America’s tax bureau is not the collective projection of Rush Limbaugh callers but the predictable result of her decision not to fess up to obvious wrongdoing and not to help those with the power to reform the IRS rein in its propensity for mischief. She will not earn any sympathy — nor does she deserve any — for flaunting her lack of cooperation in the pages of Politico.

If Lerner wants out of the dark night of the soul she is suffering, perhaps she should consider confession.

— Ian Tuttle is a William F. Buckley Jr. Fellow at the National Review Institute.