Different Laws For Different Groups

PJ Media posted an article today about the latest attack on religious free speech.

The Freedom From Religion Foundation (FFRF)recently released a press release that included the following:

FFRF filed suit against the IRS shortly after the presidential election in 2012, based on the agency’s reported enforcement moratorium, as evidenced by open and notorious politicking by churches. Pulpit Freedom Sunday, in fact, has become an annual occasion for churches to violate the law with impunity. The IRS, meanwhile, admittedly was not enforcing the restrictions against churches. A prior lawsuit in 2009 required the IRS to designate an appropriate high-ranking official to initiate church tax examinations, but it had apparently failed to do so. 

The IRS has now resolved the signature authority issue necessary to initiate church examinations. The IRS also has adopted procedures for reviewing, evaluating and determining whether to initiate church investigations. While the IRS retains “prosecutorial” discretion with regard to any individual case, the IRS no longer has a blanket policy or practice of non-enforcement of political activity restrictions as to churches. 

In addition to FFRF’s lawsuit, IRS enforcement procedures with respect to political activity by tax-exempt organizations have been the subject of intense scrutiny by Congress. As a result, the IRS is reviewing and implementing safeguards to ensure evenhanded enforcement across the board with respect to all tax exempt organizations. 

Until that process is completed, the IRS has suspended all examinations of tax-exempt organizations for alleged political activities. The current suspension, however, is not limited to church tax inquiries. 

The article at PJ Media points out:

Democrats routinely campaign from the very pulpit of majority black churches. It happens every single election cycle. Pastors in those churches regularly push parishioners to support the Democratic Party, to support specific government social policy, and even specific candidates for office.

The Freedom From Religion Foundation has not sued to get the IRS to investigate any of that. Its targets are churches that align with the more conservative Pulpit Freedom Sunday movement. That tells us what the foundation and the IRS will really be investigating.

The IRS will be monitoring churches to listen for pastors supporting the right to life, the sanctity and traditional definition of marriage, traditional values in general, perhaps even patriotism. Those are the churches, based on the angle that the foundation lawsuit takes, that will potentially find themselves under IRS investigation.

It appears that there will be one set of rules for conservative churches and one set of rules for liberal churches. What happened to equal justice under the law? Why do only liberal churches have First Amendment rights?

FFRF filed suit against the IRS shortly after the presidential election in 2012, based on the agency’s reported enforcement moratorium, as evidenced by open and notorious politicking by churches. Pulpit Freedom Sunday, in fact, has become an annual occasion for churches to violate the law with impunity. The IRS, meanwhile, admittedly was not enforcing the restrictions against churches. A prior lawsuit in 2009 required the IRS to designate an appropriate high-ranking official to initiate church tax examinations, but it had apparently failed to do so. 

The IRS has now resolved the signature authority issue necessary to initiate church examinations. The IRS also has adopted procedures for reviewing, evaluating and determining whether to initiate church investigations. While the IRS retains “prosecutorial” discretion with regard to any individual case, the IRS no longer has a blanket policy or practice of non-enforcement of political activity restrictions as to churches. 

In addition to FFRF’s lawsuit, IRS enforcement procedures with respect to political activity by tax-exempt organizations have been the subject of intense scrutiny by Congress. As a result, the IRS is reviewing and implementing safeguards to ensure evenhanded enforcement across the board with respect to all tax exempt organizations. 

Until that process is completed, the IRS has suspended all examinations of tax-exempt organizations for alleged political activities. The current suspension, however, is not limited to church tax inquiries. 

– See more at: http://ffrf.org/news/news-releases/item/20968-ffrf-irs-settle-suit-over-church-politicking#sthash.rEhbLVZy.dpuf

FFRF filed suit against the IRS shortly after the presidential election in 2012, based on the agency’s reported enforcement moratorium, as evidenced by open and notorious politicking by churches. Pulpit Freedom Sunday, in fact, has become an annual occasion for churches to violate the law with impunity. The IRS, meanwhile, admittedly was not enforcing the restrictions against churches. A prior lawsuit in 2009 required the IRS to designate an appropriate high-ranking official to initiate church tax examinations, but it had apparently failed to do so. 

The IRS has now resolved the signature authority issue necessary to initiate church examinations. The IRS also has adopted procedures for reviewing, evaluating and determining whether to initiate church investigations. While the IRS retains “prosecutorial” discretion with regard to any individual case, the IRS no longer has a blanket policy or practice of non-enforcement of political activity restrictions as to churches. 

In addition to FFRF’s lawsuit, IRS enforcement procedures with respect to political activity by tax-exempt organizations have been the subject of intense scrutiny by Congress. As a result, the IRS is reviewing and implementing safeguards to ensure evenhanded enforcement across the board with respect to all tax exempt organizations. 

Until that process is completed, the IRS has suspended all examinations of tax-exempt organizations for alleged political activities. The current suspension, however, is not limited to church tax inquiries. 

– See more at: http://ffrf.org/news/news-releases/item/20968-ffrf-irs-settle-suit-over-church-politicking#sthash.rEhbLVZy.dpuf

The Internal Revenue Service And ObamaCare

Yesterday Kim Strassel posted an article at the Wall Street Journal entitled “The ObamaCareIRS Nexus.” It is subscriber content, but if you google the title, you can read the entire article.

The article details the role of the IRS in the implementation of ObamaCare and the questionable steps the agency has taken in that implementation.

The article reports:

The D.C. Circuit Court of Appeals ruled in Halbig that the administration had illegally provided ObamaCare subsidies in 36 insurance exchanges run by the federal government. Yet it wasn’t the “administration” as a whole that issued the lawless subsidy gift. It was the administration acting through its new, favorite enforcer: the IRS.

And it was entirely political. Democrats needed those subsidies. The party had assumed that dangling subsidies before the states would induce them to set up exchanges. When dozens instead refused, the White House was faced with the prospect that citizens in 36 states—two-thirds of the country—would be exposed to the full cost of ObamaCare’s overpriced insurance. The backlash would have been horrific, potentially forcing Democrats to reopen the law, or even costing President Obama re-election.

The White House viewed it as imperative, therefore, that IRS bureaucrats ignore the law’s text and come up with a politically helpful rule. The evidence shows that career officials at the IRS did indeed do as Treasury Department and Health and Human Services Department officials told them. This, despite the fact that the IRS is supposed to be insulated from political meddling.

It gets worse. The article tells us that in late summer of 2010, after ObamaCare was signed into law, the IRS assembled a working group—made up of career IRS and Treasury employees—to develop regulations around ObamaCare subsidies. The early group followed the text of the law and declared that subsidies were for exchanges established by the States.

The article explains what happened next:

Yet in March 2011, Emily McMahon, the acting assistant secretary for tax policy at the Treasury Department (a political hire), saw a news article that noted a growing legal focus on the meaning of that text. She forwarded it to the working group, which in turn decided to elevate the issue—according to Congress’s report—to “senior IRS and Treasury officials.” The office of the IRS chief counsel—one of two positions appointed by the president—drafted a memo telling the group that it should read the text to mean that everyone, in every exchange, got subsidies. At some point between March 10 and March 15, 2011, the reference to “Exchanges established by the State” disappeared from the draft rule.

…To summarize: The IRS (famed for nitpicking and prosecuting the tax law), chose to authorize hundreds of billions of illegal subsidies without having performed a smidgen of legal due diligence, and did so at the direction of political taskmasters. The agency’s actions provided aid and comfort to elected Democrats, even as it disenfranchised millions of Americans who voted in their states to reject state-run exchanges. And Treasury knows how ugly this looks, which is why it initially stonewalled Congress in its investigation—at first refusing to give documents to investigators, and redacting large portions of the information.

Congratulations. We have become a banana republic. The law is what the political party in power says it is. The IRS is an organization to be used to silence and suppress political opposition. The use of the IRS for political purposes was the second article in the Articles of Impeachment against Richard Nixon.

Further Information On The Internal Revenue Service Court Appearance

Yesterday the Internal Revenue Service (IRS) appeared in Federal Court to explain why Lois Lerner’s emails are missing (see rightwinggranny.com). Fox News reported on the results of that hearing.

The article reports:

A federal judge has ordered the IRS to explain “under oath” how the agency lost a trove of emails from the official at the heart of the Tea Party targeting scandal. 

U.S. District Judge Emmet G. Sullivan gave the tax agency 30 days to file a declaration by an “appropriate official” to address the computer issues with ex-official Lois Lerner. 

The decision came Thursday as part of a Freedom of Information Act lawsuit by conservative watchdog group Judicial Watch, which along with GOP lawmakers on Capitol Hill has questioned how the IRS lost the emails and, in some cases, had no apparent way to retrieve them. 

The IRS first acknowledged it lost the emails in a letter to senators last month.

It was revealed during that hearing that a Treasury Department inspector general is looking into the matter.

The article reports:

The lawyer representing the IRS, Geoffrey Klimas, argued that any further discovery in this case might impede the IG‘s investigation. 

Sullivan seemed leery of that argument and also asked that the IRS official speak to that subject in the explanation the agency submits. 

Further, Sullivan ordered that the IRS official explain how Lerner’s files may be recovered through “other sources.”

It is interesting to me that the lawyer representing the IRS would cite the IG’s investigation as a reason to stop the discovery aspect of this case from proceeding. This excuse has been used before by the Obama Administration to block investigations of misdeeds by the Administration.

 

The Internal Revenue Service May Still Be Held Accountable

It’s very frustrating to watch the Internal Revenue Service (IRS) avoid producing any information that might shed light on exactly what happened with the tax exempt requests from conservative groups. The dog-age-my-homework excuse is getting rather lame. First Lois Lerner’s emails from the crucial period disappeared, then six of her co-workers’ emails disappeared, and last week it was discovered that some Environmental Protection Agency emails had disappeared. There seems to be a growing black hole for government emails.

However, yesterday’s Washington Examiner reported that Judicial Watch is pursuing justice in the IRS case.

The article reports:

U.S. District Court for the District of Columbia Judge Emmett G. Sullivan quickly granted a motion filed earlier today by attorneys for Judicial Watch seeking a courtroom status conference “as soon as possible to discuss the IRS’s failure to fulfill its duties to this court under the law, as well as other ramifications of this lawsuit.”

In its motion, the non-profit watchdog noted that the IRS publicly acknowledged loss of Lerner emails to and from individuals outside of the agency early in February 2014.

Then on Feb. 26, the tax agency provided its first production of documents in response to a Judicial Watch Freedom of Information Act lawsuit filed in October 2013.

No mention was made in that production of the lost Lerner emails, even though the original Judicial Watch FOIA lawsuit filed in May 2013 specifically sought them.

Judicial Watch further noted that “although IRS had knowledge of the missing Lois Lerner emails and of the other IRS officials, it materially omitted any mention of the missing records” in an April 30 status update on its document production.

…The tax agency could also face court sanctions or even criminal proceedings if Sullivan is not satisfied with the government’s explanation.

Judicial Watch President Tom Fitton said “the IRS is clearly in full cover-up mode. It is well past time for the Obama administration to answer to a federal court about its cover-up and destruction of records.”

I wish Congress had the backbone to hold the IRS accountable, but since they don’t, Judicial Watch will gladly do it for them!

The Initial Case Against The Internal Revenue Service

As the investigation into the Internal Revenue Service (IRS) continues and the Democrats continue to obstruct the investigation, there is one part of the investigation that is finished.

Scott Johnston at Power Line reported yesterday that under a consent judgment entered earlier this week, the IRS agreed to pay $50,000 in damages to the National Organization for Marriage (NOM). The IRS released the donor list of NOM to a gay rights group that opposed the legislation NOM was supporting.

The article reports:

NOM’s statement on the settlement is posted here. The statement quotes NOM chairman John Eastman: “In the beginning, the government claimed that the IRS had done nothing wrong and that NOM itself must have released our confidential information. Thanks to a lot of hard work, we’ve forced the IRS to admit that they in fact were the ones to break the law and wrongfully released this confidential information.” Hmmmm.

That sounds strangely similar to what is happening in Washington in the investigation of the IRS’s targeting of the Tea Party.

The article at Power Line concludes:

Reminder: The charge that Richard Nixon “endeavored” to misuse the IRS made its way into the second of the three articles of impeachment voted against him by the House Judiciary Committee. Nixon’s efforts to misuse the IRS were futile. They went nowhere. Nixon and his henchmen desired the IRS to “screw” their political opponents, but their efforts were a pathetic failure.

Nixon henchman Jack Caulfield astutely complained that the IRS was a “monstrous bureaucracy…dominated and controlled by Democrats.” As we have come to see, Caulfield was on to something. By contrast with Nixon’s failures to misuse the IRS, the IRS has very effectively “screwed” Obama’s political opponents, and we have yet to learn what the president knew and when he knew it.

Question Of The Week

We have all watched the IRS and its ‘the dog ate my homework’ defense of its failure to produce the documents Congress is requesting. This lack of cooperation resulted in the ‘Question of the Week’ being asked in the Congressional hearings.

As reported by The Blaze:

‘At What Point Does It Become Obstruction of Justice?’: Jim Jordan Angrily Grills IRS Head Over What He Waited Two Months to Do

That is the question.

Would You Believe This Story Even If You Trusted The Person Who Told It?

Yesterday the Daily Caller reported that the Internal Revenue Service (IRS) had cancelled its contract with email-storage contractor Sanosoft just weeks after ex-IRS official Lois Lerner’s computer crashed and shortly before other IRS officials’ computers allegedly crashed (and coincidentally about the time Congress began looking into the IRS’s targeting of conservative groups).

The article reports:

But Sonasoft’s six-year business relationship with the IRS came to an abrupt end at the close of fiscal year 2011, as congressional investigators began looking into the IRS conservative targeting scandal and IRS employees’ computers started crashing left and right.

Sonasoft’s fiscal year 2011 contract with the IRS ended on August 31, 2011. Eight days later, the IRS officially closed out its relationship with Sonasoft in accordance with the federal government’s contract close-out guidelines, which require agencies to fully audit their contracts and to get back any money that wasn’t used by the contractor. Curiously, the IRS de-allocated 36 cents when it closed out its contract with Sonasoft on September 8, 2011.

Lois Lerner’s computer allegedly crashed in June 2011, just ten days after House Ways and Means Committee chairman Rep. Dave Camp first wrote a letter asking if the IRS was engaging in targeting of nonprofit groups. Two months later, Sonasoft’s contract ended and the IRS gave its email-archiving contractor the boot.

I suppose there exists a universe in which Lois Lerner’s emails just happened to be unavailable as soon as the Congressional investigators wanted them and the IRS is telling the truth, but I don’t think too many people live there. This is what a cover-up looks like. Congress can either appoint a Special Prosecutor (one who is not connected with or afraid of the current Justice Department) or they can be seen as absolute gutless wonders. I really don’t think there is a third choice.

What We Have Here Is A Failure To Communicate

The Internal Revenue Service (IRS) the-dog-ate-my-homework scandal just keeps getting more interesting. CNS News is reporting today that the IRS told the White House in April about the missing e-mails. Congress was finally told in June.

The article reports:

“The IRS knew in February, or maybe even in March, and Treasury and the White House knew at least in April — but Congress and the American people didn’t find out until June. Were you purposely not telling us?” House Ways and Means Chair Dave Camp (R-Mich.) asked Koskinen. “Were you purposely not revealing this to the American people?”

…Camp told the committee he received a letter from the White House two days ago, telling him that the Obama White House learned about the missing Lois Lerner emails in April and was informed by the Treasury Department.

Koskinen said he’s also seen that letter. He said his “understanding” is that someone in the IRS general counsel’s office informed someone in the Treasury Department’s general counsel office “that there was an issue and the IRS was investigating.”

This is amazing. Remember, the White House just recently announced that there were no e-mails between the IRS and the White House. No wonder–they have had since April to find them and get rid of them!

There is so much wrong with the current state of the IRS, including the sharing of confidential taxpayer information about nonprofit groups to the Federal Bureau of Investigation days before the 2010 midterm elections (see rightwinggranny.com). This information included donor lists. This offense is punishable with jail time. It is time to abolish the IRS. It has become a very powerful political tool and needs to go away. We can institute a flat tax or a consumer tax to generate revenue, but the behavior of the IRS and the people involved with it is unacceptable. The IRS has truly become a danger to our freedom.

Stonewalling As An Art Form

We have had Presidential administrations in the past that were very good at hiding information from the American people, but the Obama Administration has turned stonewalling into an art form.

Scott Johnson at Power Line posted an article today about the latest wrinkle in the investigation into the misuse of the Internal Revenue Service (IRS).

The article reports:

The IRS has informed the House Ways and Means Committee that it has lost Lois Lerner email messages from January 2009–April 2011. Harkening back to the allegedly accidental erasure of 18 1/2 minutes of critical Oval Office recordings that contributed to Richard Nixon’s resignation from office, the IRS attributes the loss of Lerner email to a computer crash.

Some email survives: the agency retains Lerner email to and from other IRS employees during this period. The IRS claims it cannot produce email written only to or from Lerner and outside agencies or groups, such as the White House, Treasury, Department of Justice, FEC, or offices of Democrat congressmen. Funny how that works.

I know that this has been said so many times it is a cliche, but can you imagine what would happen if this occurred under a Republican President?

The Internal Revenue Service And Tax Fraud

On Tuesday, Byron York posted an article at the Washington Examiner website about widespread fraud in the Earned Income Tax Credit program.

The article reports:

“The Internal Revenue Service continues to make little progress in reducing improper payments of Earned Income Tax Credits,” a press release from Treasury’s inspector general for Tax Administration says. “The IRS estimates that 22 to 26 percent of EITC payments were issued improperly in Fiscal Year 2013. The dollar value of these improper payments was estimated to be between $13.3 billion and $15.6 billion.”

That’s not pocket change. Remember that these are the people who will administer the revenue part of ObamaCare.

The article explains that the IRS is not making any serious effort to end this fraud:

The new report found that the IRS is simply ignoring the requirements of a law called the Improper Payments Elimination and Recovery Act, signed by President Obama in 2010, which requires the IRS to set fraud-control targets and keep improper payments below ten percent of all Earned Income Tax Credit payouts. “The IRS continues to not provide all required IPERA information to the Department of the Treasury,” the new report says. “… For the third consecutive year, the IRS did not publish annual reduction targets or report an improper payment rate of less than 10 percent for the EITC.”

Let’s eliminate all bonuses paid to IRS employees until this fraud is at least under control. That might cause the IRS to develop some interest in solving the problem.

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Why The Freedom Of Information Act Is Important

Judicial Watch is an organization that has held both Democrat and Republican politicians accountable to the people who voted for them. One of their best weapons used to hold politicians accountable is the Freedom of Information Act. Even when the press has walked away from a story, Judicial Watch keeps looking for information. In the case of the Internal Revenue Service (IRS) Scandal, their tenacity has paid off.

The Daily Caller is reporting today that Judicial Watch has obtained emails showing that Democrat Senator Carl Levin pressured the IRS to target conservative groups.

The article reports:

Levin, chairman of the Senate Homeland Security and Governmental Affairs’ permanent subcommittee on investigations, wrote a March 30, 2012 letter to then-IRS commissioner Douglas Shulman discussing the “urgency” of the issue of possible political activity by nonprofit applicants. Levin asked if the IRS was sending out additional information requests to applicant groups and citing an IRS rejection letter to a conservative group as an example of how the IRS should be conducting its business.

The article reports that the IRS targeting is easily traceable to Washington, D.C.:

IRS official Holly Paz wrote a July 6, 2010 email to Washington-based IRS lawyer Steven Grodnitzky “to let Cindy and Sharon know how we have been handling Tea Party applications in the last few months.” Grodnitzky replied to the email, confirming that the Washington-based Exempt Organization Technical unit (EOT) was designing the targeting in the nation’s capital.

“EOT is working the Tea party applications in coordination with Cincy. We are developing a few applications here in DC and providing copies of our development letters with the agent to use as examples in the development of their cases,” Grodnitzky wrote.

“Chip Hull [another lawyer in IRS headquarters] is working these cases in EOT and working with the agent in Cincy, so any communication should include him as well. Because the Tea party applications are the subject of an SCR [Sensitive Case Report], we cannot resolve any of the cases without coordinating with Rob,” Grodnitzky wrote.

“Rob” is believed to be then-IRS director of rulings and agreements Rob Choi, who was based at the agency’s Washington headquarters, according to Judicial Watch.

This use of the IRS for political purposes by whichever party is in power will continue unless it is stopped in its tracks now. I strongly recommend that you email your Representative and your Senators and tell them that you want those who used the IRS for political purposes held accountable. Otherwise, this will be the new normal.

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The Internal Revenue Service Audit Rate For Tea Party Donors

The Internal Revenue Service (IRS) Audit Rate for Tea Party donors is something I take personally–my husband and I were audited for the first time in 43 years after making a donation to the Tea Party. Nothing in our tax return had changed, and after a year of being told that the IRS needed more time, nothing was found.

Yesterday the Washington Times reported that after checking the donor lists the IRS collected from the Tea Party, 10 percent of those donors were audited. Kiplinger posted a story in March 2013 stating:

The IRS audits only slightly more than 1% of all individual tax returns annually.

…2012 IRS statistics show that people with incomes of $200,000 or higher had an audit rate of 3.70%, or one out of every 27 returns. Report $1 million or more of income? There’s a one-in-eight chance your return will be audited. The audit rate drops significantly for filers making less than $200,000: Less than 1% (0.94%) of such returns was audited during 2012, and the vast majority of these exams were conducted by mail.

I think there is a problem here. Until we find out who ordered the audits, I think we need to ask the ‘public servants‘ involved why they were not serving the public.

The article at the Washington Times reminds us:

Ms. Lerner ran the division overseeing nonprofit groups. She has since retired from the IRS but has refused to testify to Congress about her role in the targeting, citing her Fifth Amendment right against self-incrimination.

The House voted Wednesday to hold her in contempt of Congress for refusing to talk.

The Washington Times also mentions another recent problem with the IRS:

On another matter, the commissioner told the panel that he is taking steps to be able to deny agency bonuses to IRS employees who hadn’t paid their taxes. The agency’s inspector general last month reported that more than 1,000 employees received bonuses within a year of having tax problems.

Mr. Koskinen said he is working with the IRS union to rewrite their agreement so that those employees can’t be paid bonuses.

“Going forward, if someone has been disciplined for failure to comply with the tax code, they will be ineligible for a performance award,” he said.

He also said the agency would try to fire employees who cheat on their taxes.

Doesn’t all of the above fall under the category of basic common sense?

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An Opinion From An Interesting Source

Yesterday the Daily Caller posted an article quoting Cleta Mitchell, a partner at Foley & Lardner, on the Internal Revenue Service (IRS) scandal,

The article quoted Ms. Mitchell:

“This is a sea change! People need to understand — this has never happened before in my lifetime and I don’t think anybody’s lifetime, where you have the president of the United States, elected members of Congress calling on the IRS to silence their political opponents, and having the IRS management and top brass doing what the politicians wanted them to do, and essentially taking sides in a philosophical and political debate between conservatives and liberals,” said Cleta Mitchell, a partner at Foley & Lardner.

“The more we allow government to mushroom and metastasize, we become more like the former Soviet Union where you have the commissars who have laws for everybody else, the little people, that don’t apply to them, and they use the government to go after their opponents and people are afraid of the government,” Mitchell said. “I mean, this is happening. And we have to stop it.”

It has become very obvious that the Obama Administration wants to silence anyone who is opposed to their policies. If they are successful in this, it is not a stretch to think that any future administration of either party will employ similar tactics.

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The Timeline On The IRS Scandal

On Thursday Kimberley Strassel posted an article at the Wall Street Journal detailing the evolution of the Internal Revenue Service (IRS) scandal. House Ways and Means Committee Chairman Dave Camp has sent a letter to the Justice Department requesting a criminal probe of Lois Lerner.

Ms. Strassel points out that Lois Lerner may have felt justified to target conservative groups based on the rhetoric of leader Democrats rather than direct orders from the White House.

The article lists what may be some of the root causes of the IRS attacks:

As the illuminating timeline accompanying the Camp letter shows, Ms. Lerner’s focus on shutting down Crossroads GPS came only after Obama adviser David Axelrod listed Crossroads among “front groups for foreign-controlled companies”; only after Senate Democrats Dick Durbin, Carl Levin, Chuck Schumer and others demanded the IRS investigate Crossroads; only after the Democratic Congressional Campaign Committee launched a website to “expose donors” of Crossroads; and only after Obama’s campaign lawyer, Bob Bauer, filed a complaint with the Federal Election Commission about Crossroads.

The article goes through a timeline and details various attacks on conservative groups. It also notes the difficulty various investigative committees had in getting the information they requested in the investigation.

The article concludes:

In 2012, both the IRS and Democratic Rep. Elijah Cummings were targeting the group True the Vote. We now have email showing contact between a Cummings staffer and the IRS over that organization. How much more contact was there? It’s one thing to write a public letter calling on a regulator to act. It’s another to haul the regulator in front of your committee, or have your staff correspond with or pressure said regulator, with regard to ongoing actions. That’s a no-no.

The final merit of Mr. Camp’s letter is that he’s called out Justice and Democrats. Mr. Camp was careful in laying out the ways Ms. Lerner may have broken the law, with powerful details. Democrats can’t refute the facts, so instead they are howling about all manner of trivia—the release of names, the “secret” vote to release taxpayer information. But it remains that they are putting themselves on record in support of IRS officials who target groups, circumvent rules, and potentially break the law. That ought to go down well with voters.

It may be time to abolish the IRS and institute a consumption tax.

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If The Major Media Doesn’t Report It, Voters Might Not Know It Happened

A major news story broke yesterday, and Fox News Special Report was the only evening news show that covered it.

Newsbusters reported last night:

In a major new development in the IRS scandal, House Republicans voted on Wednesday to send a criminal referral to the Department of Justice for former IRS chief Lois Lerner. FNC’s Special Report with Bret Baier devoted a full story to the vote by the committee chaired by Congressman Dave Camp, but none of the three broadcast network evening newscasts covered the vote.

The letter sent to Attorney General Eric Holder stated that “findings” from the Ways and Means Committee, chaired by Republican Camp, “suggest that Lerner may have violated multiple criminal statutes.” The letter went on to add that “the Committee asks that you pursue this evidence.” The three networks ignored this letter, however, although CBS and ABC talked about Hillary Clinton’s presidential aspirations.

It was also reported at Townhall.com that Lois Lerner’s staff had given information on True The Vote to Representative Cummings’ staff. True The Vote is one of the organizations targeted by the IRS. Representative Cummings had denied that charge, but a number of emails have surfaced.

The article further reports:

Other developments in the letter were ignored by the networks as well. Republicans accused Lerner of talking about taking a job with President Obama’s advocacy group Organizing for Action – while she was investigating non-profit applicants as the IRS head.

The IRS is not and should not be a political organization. We  have two choices–either put honest people in control of the IRS or abolish the IRS. Otherwise the IRS will simply become a weapon to be used by whichever party is in power against the opposition party. That is not what America is about.

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An Obvious Problem With The House Oversight Investigation Into The IRS Scandal

Katie Pavlich posted an article at Townhall.com today that may explain why the House Oversight Committee was having so much trouble getting information on the IRS targeting of conservative groups prior to the 2010 election. It seems that there was someone on the Committee who was undermining the investigation.

The article reports:

Chairman of the House Oversight Committee Darrell Issa, along with five Subcommittee Chairmen are demanding Cummings (Democratic Ranking Member Elijah Cummings) provide an explanation for the staff inquiries to the IRS about True the Vote and for his denial that his staff ever contacted the IRS about the group.

“Although you have previously denied that your staff made inquiries to the IRS about conservative organization True the Vote that may have led to additional agency scrutiny, communication records between your staff and IRS officials – which you did not disclose to Majority Members or staff – indicates otherwise,” the letter to Cummings states. “As the Committee is scheduled to consider a resolution holding Ms. Lerner, a participant in responding to your communications that you failed to disclose, in contempt of Congress, you have an obligation to fully explain your staff’s undisclosed contacts with the IRS.”

Evidently Lois Lerner, former head of tax exempt groups at the IRS, was feeding Cummings information about True the Vote, one of the groups the IRS was targeting. Cummings was not sharing this information with the Committee.

The article reports:

On January 31, Paz (Holly Pazl Lerners’ deputy) sent True the Vote’s 990 forms to Cumming’s staff.

Up until this point, Rep. Cummings has denied his staff ever contacted the IRS about True the Vote and their activities during Oversight hearings. In fact, on February 6, 2014 during a Subcommittee hearing where Engelbrecht testified, Cummings vehemently denied having any contact or coordination in targeting True the Vote when attorney Cleta Mitchell, who is representing the group, indicated staff on the Committee had been involved in communication with the IRS.

It is becoming very obvious that some of the Democrats in Congress have forgotten not only their Oath of Office, but also their basic ethics. The actions of Representative Cummings are truly deplorable. It is becoming obvious that his intention was to end this investigation before it began. I hope that Congressman Issa will continue his search for the truth and that the people who attempted to use the IRS for political purposes will be brought to justice.

 

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Somehow The New York Times Missed This

Yesterday The Committee on Oversight and Government Reform released its report on Lois Lerner’s role in IRS targeting.

These are the highlights of the report (The link above provides a link to the entire report. The highlights include page numbers):

Key Document Based Highlights (documents and testimony in appendix):

  • Tea Party “itching for a Constitutional challenge:” Lerner and her colleagues, after being under public pressure from President Obama and other Democrats, engaged in an e-mail exchange about how they could showcase their scrutiny of a Tea Party applicant for public disclosure, despite rules protecting the secrecy of unapproved applications.  The conversation turned to the possibility of a court case – if a Tea Party applicant would challenge the IRS ruling.  On this, Ms. Lerner opined, Tea Party groups would litigate because they are “itching for a Constitutional challenge.” – p. 41
  • Lerner discusses political scrutiny that isn’t “per se political:” In one e-mail exchange that began with a discussion of an article noting, “organizations woven by the fabulously rich and hugely influential Koch brothers,” Lerner told colleagues, “we do need a c4 project next year.”  While she initially says, “my object is not to look for political activity,” later in the exchange she acknowledges that it will examine political activity. “We need to be cautious so it isn’t a per se political project.  More a c4 project that will look at levels of lobbying and pol. Activity along with exempt activity.” – p. 17
  • Lerner broke IRS rules by mishandling taxpayer information:  While Lerner told Congress under oath, “I have not violated any IRS rules or regulations,” e-mails show Lerner handled protected 6103 taxpayer information in her nonofficial e-mail account. In a November 2013 letter from Daniel Werfel, Werfel notes, “We do not permit IRS officials to send taxpayer information to their personal email addresses. An IRS employee should not send taxpayer information to his or her personal email address in any form, including redacted.” – p. 33
  • Lerner planned to retire in October all along: While House Democrats have pushed that Lerner was forced out by the IRS as a result of the TIGTA report; new e-mails indicate that Lerner had planned an October retirement long before TIGTA released its report.  Her paid leave amounted to a paid vacation preceding her retirement – it does not appear that the IRS penalized her in any way for her conduct. – p.  40-41
  • Despite knowing about improper scrutiny, Lerner had IRS blame victims: An IRS document bearing Lerner’s signature shows that in March 2012, despite knowing about improper scrutiny at that time, Lerner reviewed and signed off on a response to Congress that blamed applicants for heightened scrutiny.  “[T]he IRS contacts the organization and solicits additional information when the organization does not provide sufficient information in response to the questions on the Form 1024 or if issues are raised by the application …. The revenue agent uses sound reasoning based on tax law training and his or her experience to review the application and identify the additional information needed to make a proper determination of the organization’s exempt status.” – p. 36
  • Concern Citizens United hurting Democrats:  Lerner believed the Executive Branch needed to take steps to undermine the Supreme Court’s Citizens United decision.  A senior advisor to Lerner e-mailed her an article about allegations that unknown conservative donors were influencing U.S. Senate races.  The article explained how outside money was making it increasingly difficult for Democrats to remain in the majority in the Senate.  Lerner replied:  “Perhaps the FEC will save the day.” – p. 21
  • Citizens United created pressure for IRS to “fix the problem”:  According to Lerner: “The Supreme Court dealt a huge blow, overturning a 100-year old precedent that basically corporations couldn’t give directly to political campaigns.  And everyone is up in arms because they don’t like it.  The Federal Election Commission can’t do anything about it. They want the IRS to fix the problem.” – p. 20
  • “Multi-Tier Review”:  Lerner personally directed that Tea Party cases go through a “multi-tier review.” An IRS employee testified that Lerner “sent [him an] e-mail saying that when these cases need to go through multi-tier review and they will eventually have to go to [Judy Kindell, Lerner’s senior technical advisor] and the Chief Counsel’s office.”  A D.C. IRS employee said this level of scrutiny had no precedent. – p. 24-25
  • Head of the IRS Cincinnati office’s testimony refutes Lois Lerner and President Obama’s O’Reilly interview assertion that this was all about a “local office”: “[Y]es, there were mistakes made by folks in Cincinnati as well [as] D.C. but the D.C. office is the one who delayed the processing of the cases.” – p. 44

Unless we are willing to live in a country where the laws are made and changed at will by whichever political party is in charge, Ms. Lerner has to be held accountable for her behavior. There is enough evidence against her to move forward with legal action. It is time to do that. Unfortunately, her behavior is typical of the Obama Administration’s disregard for the U.S. Constitution and the law.

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The IRS Scandal Summed Up In One Paragraph

Yesterday’s Washington Examiner summed up the IRS scandal in one paragraph:

These simple questions – each based on indisputable facts – establish that somebody outside of the IRS told her they wanted the tax agency to “fix” something involving groups seeking 501(c)(4) tax status, that she directed subordinates to begin a (c)(4) project she feared could be seen as “political,” that she viewed Tea Party groups as “dangerous,” and that she ordered that such groups be subjected to “multi-level review.” Those are the four essential points of the IRS scandal: Who ordered the tax agency to get involved, who in the tax agency responded, who they targeted and what actions they took. She cannot answer these questions because, as she herself has claimed, that would be incriminating. Lerner and others must hope Issa doesn’t already have the answers.

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A Short Summary Of The Internal Revenue Service Scandal

Robert Stacy McCain posted an article in the March issue of the American Spectator that summarizes the Internal Revenue Service (IRS) scandal and sums up where we are today. The article reminds us that Tom Perez, now Secretary of Labor,  was head of the Department of Justice’s Civil Rights Division where his key aide Barbara K. Bosserman was chosen to head up the investigation of the IRS’s targeting of Tea Party groups. The first question regarding the investigation of the IRS is, “Why was Barbara K. Bosserman chosen?” Ms. Bosserman’s background is as a civil rights attorney–she does not have a background in tax law. It is also an incredible coincidence that Ms. Bosserman has historically been a major donor to Democrat party coffers.

The article reports:

During a January hearing of the House Oversight and Government Reform Committee, Rep. Jim Jordan raised that question with the Justice Department’s Inspector General, Michael Horowitz. In his 12 years of DOJ experience under three different administrations, did Horowitz “ever recall the civil rights division investigating tax law matters?” Jordan asked.

“I don’t recall that during my time,” Horowitz answered.

The article reminds us that conservative political groups who applied for tax exempt status had their applications held up for a year or more. In some cases, organizations were asked for lists of donors and those donors were harassed.

The article points out the media’s role in downplaying the IRS scandal:

The media has been complacent,” said Becky Gerritson of the Wetumpka (Alabama) Tea Party, whose group was one of those the IRS targeted. In a telephone interview, Gerritson mentioned that the traffic-related “scandal” involving New Jersey Republican Gov. Chris Christie had gotten 17 times as much major network news coverage in a single 24-hour period as the IRS scandal had received in the previous six months. From July 2013 through early January 2014, ABC, CBS, and NBC had barely two minutes of coverage to IRS scandal, according to the Media Research Center’s Scott Whitlock.

Even a basic investigation shows that some very fundamental laws were broken by the IRS:

Perhaps the most egregious example of that “climate of hostility” was the illegal release of donor information from the National Organization for Marriage (NOM). Congressional investigators say the source of that leak was an IRS staffer in Lerner’s Exempt Organizations Division. NOM opposes the legalization of same-sex marriage and the IRS leaker, who cannot be named because of confidentiality laws, provided NOM’s donor information to a gay activist, who then gave it to NOM’s arch-enemy, the pro-gay Human Rights Campaign. The illegal IRS leak led to news stories in 2012 identifying GOP presidential candidate Mitt Romney as a donor to the conservative group. NOM filed its own lawsuit against the IRS in October, and pointed out that former HRC president Joe Solmonese served as co-chairman of Obama’s re-election campaign. “This is a federal crime,” NOM president Brian Brown said. “Worse, the confidential information contained in the illegally leaked documents included the identity of dozens of our major donors and the HRC used this confidential donor information to harass our donors. This is a chilling set of circumstances that should ring alarm bells across the nation.”

The straw that broke the camel’s back for the conservative organizations targeted by the IRS is the fact that the investigators have only actually interviewed one of two of the organizations that have registered complaints.

The only way the IRS’s abuses of power will be dealt with is if those people impacted by the crimes of the IRS continue to speak out. If the sort of abuse of power is allowed to continue, all of our freedom of speech is in danger.

 

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Sometimes New Rules Won’t Solve The Problem

The National Review Online posted an article yesterday about the recent problems in the Internal Revenue Service (IRS).

The article reports:

There are two competing models for reforming the Internal Revenue Service’s oversight of the political activities of certain nonprofit organizations: one put forward by the IRS itself, in the form of a regulatory rule change, a second put forward by Representative David Camp (R., Mich.) on behalf of the House Ways and Means Committee. Neither program is sufficient, because neither reflects the reality behind the recent IRS scandal, which was not the result of murky rules or bureaucratic incompetence but rather of what gives every indication of being deliberate misuse of federal investigatory resources for partisan political ends. That there have not been criminal charges in this matter is probably at least as much a reflection of the highly politicized Department of Justice under Eric Holder as it is of the facts of the case. The problem, then, is that both the IRS plan and the Camp plan assume that the IRS ought to be regulating rather than being regulated.

The article points out the in America, the government is prohibited from regulating free speech–yet that is exactly what the IRS has tried to do since the Supreme Court’s Citizens United Decision.

The article at National Review Online reminds us:

No rule change from the IRS — nor Representative Camp’s well-intentioned but wholly inadequate reforms, which amount to a list of minor no-nos such as inquiring about an audit target’s political or religious beliefs — is going to change the fact that the agency is full of highly partisan bureaucrats with a political agenda of their own and an inclination to abuse such police powers as are entrusted to them.

The article concludes with comments about Representative David Camp’s proposal to fix the IRS:

But his proposal falls short in that it assumes that the IRS is a proper and desirable regulator of political speech. It is not. It is not even particularly admirable in its execution of its legitimate mission, the collection of revenue: Its employees have committed felonies in releasing the confidential tax information of such political enemies as the National Organization for Marriage and Mitt Romney, and the agency itself has perversely interpreted federal privacy rules as protecting the criminal leakers at the IRS rather than the victims of their crimes. The Camp bill, thankfully, would address at least that much, but it would still leave the IRS in charge of determining whether its employees were playing politics with audits and decisions. The IRS does not inspire confidence as a practitioner of self-regulation, much less as a regulator of political speech.

We need honest people in Washington. Until we have that, I am not convinced that any amount of laws will make a difference.

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The Timeline Of The IRS Scandal

This article has two sources, an article posted in the Wall Street Journal yesterday and an article posted by Scott Johnson at Power Line today. Both articles printed the timeline of events surrounding the IRS’s attempt to curtail the free speech of groups that opposed the Obama Administration.

One of the most telling events on the timeline is from the Wall Street Journal article:

• Feb. 11, 2010: Sen. Chuck Schumer (D., N.Y.) says he will introduce legislation known as the Disclose Act to place new restrictions on some political activity by corporations and force more public disclosure of contributions to 501(c)(4) organizations. Mr. Schumer says the bill is intended to “embarrass companies” out of exercising the rights recognized in Citizens United. “The deterrent effect should not be underestimated,” he said.

All of this was in response to the Supreme Court decision in the Citizens United case, which allowed corporations to make political donations. This ruling finally leveled the playing field–the unions had been contributing massive amounts of money to political campaigns for years. (See rightwinggranny.com). The actions of the IRS were an attempt to undo the leveling of the playing field that occurred with the Citizens United decision.

Please follow one of the links above to see the timeline. It paints a picture of a genuine attempt to limit free speech in America.

The President may or may not have given any direct orders regarding the use of the IRS to limit free speech, but the ending paragraph of the Wall Street Journal article truly sums up what happened:

In 1170, King Henry II is said to have cried out, on hearing of the latest actions of the Archbishop of Canterbury, “Will no one rid me of this turbulent priest?” Four knights then murdered the archbishop. Many in the U.S. media still willfully refuse to see anything connecting the murder of the archbishop to any actions or abuse of power by the king.

Unfortunately we are dealing with a President who chooses to act more like a king than a president.

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More IRS Abuses Are Coming To Light

On Tuesday, The Wall Street Journal posted an article about the IRS targeting conservative groups for audits. House Ways and Means Committee Chairman Dave Camp has stated that the committee’s continuing investigation has found that the IRS also singled out established conservative tax-exempt groups for audits. That is not a surprise when you consider the harassment that donors to conservative causes underwent during the run-up to the 2012 election. As I have previously mentioned, my husband and I were audited for the first time in 45 years. The auditors found nothing, but it took them almost a year to find nothing.

The Democrats in Congress are currently attempting to pass laws that would severely limit the free speech of conservative organizations. Under the new guidelines the Democrats are seeking, the voter guides showing the voting records of candidates would be considered unlawful political activity by organizations that have traditionally distributed them.

The article includes the current spin the Democrats are using to attempt to hide what they are doing and what they have done:

“Instead of this prestigious committee using its broad jurisdiction to address critical issues that confront us, it has been consumed by a tireless effort by Republicans to find political scandal, regardless of what the truth holds, as they look toward the November election,” said Rep. Sander Levin (D., Mich.).

He also chided Republicans for seeking to delay the regulations, noting that “what really remains hidden are donors to groups pouring millions of dollars into campaign advertising.”

The new IRS regulations proposed by the Democrats are a threat to free speech. If they are enacted, most Americans will only hear one side of any political issue.

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Question Of The Day

On Monday, Fox News reported on President Obama’s interview with Bill O’Reilly:

Obama addressed concerns over Benghazi, the launch of HealthCare.gov and the IRS, during the interview Sunday before the Super Bowl. He adamantly rejected the suggestion that the IRS was used for political purposes by singling out Tea Party groups seeking tax exemption.

“That’s not what happened,” he said. Rather, he said, IRS officials were confused about how to implement the law governing those kinds of tax-exempt groups.

“There were some bone-headed decisions,” Obama conceded. 

But when asked whether corruption, or mass corruption, was at play, he responded: “Not even mass corruption — not even a smidgen of corruption.”

The question of the day (and it is not an original question) is, “if there was not a smidgen of corruption, why did Lois Lerner take the fifth rather than testify before Congress?”

Yesterday Scott Johnson at Power Line posted a letter from William Henck, a man who has worked inside the IRS Office of the General Counsel as an attorney for over 26 years. I am not going to post the letter as it is very long, but I strongly suggest that you follow the link to Power Line and read the letter. It is chilling.

Scott Johnson also posted a story at Power Line today about Cleta Mitchell, who he describes as the most dangerous woman in America. Ms. Mitchell is the Washington attorney who represents several clients victimized by the criminal misconduct of the IRS over the past four years. A video of her testimony before Congress on Thursday is included in the article. She is smart and articulate–she does represent a danger to the Obama Administration. Please watch the video to see why.

The IRS scandal is dangerous to America. It means that whichever party is in power in Washington can use the IRS to target its enemies. This is an impeachable offense, and any administration that engages in this behavior should be faced with the threat of impeachment.

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More Mischief By The Obama Administration

The Daily Caller posted a story today about the plan to put new rules in place that would silence conservative grass roots organizations before the 2014 election.

The article reports:

The Obama administration’s Treasury Department and former IRS official Lois Lerner conspired to draft new 501(c)(4) regulations to restrict the activity of conservative groups in a way that would not be disclosed publicly, according to the House Committee on Ways and Means.

The Treasury Department and Lerner started devising the new rules “off-plan,” meaning that their plans would not be published on the public schedule. They planned the new rules in 2012, while the IRS targeting of conservative groups was in full swing, and not after the scandal broke in order to clarify regulations as the administration has suggested.

The article explains:

Ways and Means chairman Rep. Dave Camp blasted the off-the-record plan during a hearing Wednesday with IRS commissioner John Koskinen, and called for the administration’s newly proposed 501(c)(4) rules to be halted until criminal investigations into the IRS targeting scandal are complete.

“If Treasury and the IRS fabricated the rationale for a rule change it would tend to raise questions about the integrity of the rule-making process,” Camp said.

...New IRS commissioner Koskinen said that the rules should “put to rest all of the issues surrounding applications for tax-exempt status.”

But Madrigal’s email to Lerner proves that the regulations were being developed long before the IRS needed to publicly put anything “to rest.”

At least 292 conservative groups were subjected to unfair targeting between 2010 and 2012, against six liberal groups that were allegedly given similar treatment.

Regardless of which side of the political spectrum you side on, this should be chilling. The changes in the law will allow whichever party is in control of the executive branch to use the IRS to silence the speech of their opposition. This is not what America is about. Unless this ends now, the American people will never again get to hear both sides of a political campaign. That is frightening.

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