IRS releases list of groups targeted in scandal – 3 years later
Three years after the IRS admitted officials singled out conservative groups for extra scrutiny, the tax-collecting agency has released a near-complete list of the organizations targeted.And it numbers in the hundreds — for the first time showing the extent to which the agency slow-walked applications for tax-exempt status.
The new list shows a total of 426 organizations, far higher than what the Treasury Department’s inspector general believed there to be in May 2013, when he identified 298 groups.
The names span the gamut, covering well-known groups like Tea Party Patriots but also lower-profile local outfits like the Louisiana Campaign for Liberty, Patriots of Charleston, the Asheville Tea Party, Inc. and many more.
The Washington Times first reported on the list, which the IRS filed last month after being prodded by federal judges. The document was produced as part of a class-action lawsuit being led by Tea Party groups.
According to the Times, 60 of the groups' names contained the word “tea,” 33 contained the word “patriot,” eight used the word “Constitution” and 26 others had the word “liberty” in the title.
A lawyer representing NorCal Tea Party Patriots as part of the lawsuit said the list may have increased in number so dramatically since 2013 as the IRS targeted more liberal groups after the investigation began so as to try and soften the perception of bias.
“Based on these changes, which to date remain unexplained, a very real possibility — if not probability — exists that the IRS modified its targeting in light of the investigations, packing its own internal lists of targeted groups to support its preferred narrative, including by adding ideologically diverse groups,” Edward D. Greim told The Times.
Regardless of the backstory, a federal judge earlier this year scolded the IRS for allegedly holding up requests for information.
“The lawsuit has progressed as slowly as the underlying applications themselves: at every turn the IRS has resisted the plaintiffs’ requests for information regarding the IRS’s treatment of the plaintiff class, eventually to the open frustration of the district court,” Circuit Court Judge Raymond Kethledge said in a March ruling.
“Among the most serious allegations a federal court can address are that an Executive agency has targeted citizens for mistreatment based on their political views. No citizen—Republican or Democrat, socialist or libertarian—should be targeted or even have to fear being targeted on those grounds,” Kethledge said.
House Republicans ramped up pressure on the IRS in May, introducing a measure to censure IRS Commissioner John Koskinen -- and remove him from office without a pension.
Tea Party Patriots on Monday renewed their call for Koskinen's impeachment.
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IRS Scandal: It's Dangerous To Be On Wrong Side Of Obama
266 Comments
07/23/2015 06:35 PM ET
The IRS was intended to be a revenue-collecting arm of the government, not a political weapon. AP View Enlarged Image
Documents produced by the IRS confirm that being on the wrong side of this administration is a dangerous place to be.
Judicial Watch, which used the Freedom of Information Act to pry the documents from the government's grasp, said Wednesday they "confirm that the IRS used donor lists to tax-exempt organizations to target those donors for audits."
Among these groups was the U.S. Chamber of Commerce. That organization "may find itself under high scrutiny," an IRS official whose name was redacted told IRS attorney Lorraine Gardner in an email.
"One can only hope," that unnamed official added.
Another group whose donors were objects of extra IRS attention was Crossroads GPS, a group founded by Karl Rove, a member of President George W. Bush's staff.
It appears that the IRS' pretext for the audits was the gift tax that was once levied on donations to nonprofits. It has not been enforced since 1982, Judicial Watch pointed out, because the Supreme Court ruled it violated the First Amendment.
Naturally, the records show that former IRS official Lois Lerner supported the gift tax audits.
The documents clearly indicate that the IRS' focus was political. Judicial Watch President Tom Fitton says that "snarky comments" found in the documents "about the U.S. Chamber of Commerce and the obsession with conservative Crossroads GPS show that the IRS was targeting critics of the Obama administration."
Fitton says that "President Obama may want to continue to lie about his IRS scandal" — he denied the issue existed as recently as this week — but Fitton has sifted through the documents and believes they "tell the truth."
Fitton adds: "His IRS hated conservatives and was willing to illegally tax and audit citizens to shut down opposition to Barack Obama's policies and re-election."
It would be comforting to think that because the IRS has been exposed, groups that oppose the administration are now safe from harassment.
But that's not the case. The Government Accountability Office has issued a report saying political targeting of nonprofits is still "possible in the audit process."
The watchdog notes: "Unfortunately, the IRS has not taken sufficient steps to prevent targeting Americans based on their personal beliefs."
Political beliefs aren't alone under the glare. The GAO says targeting can be based on an organization's religious or educational position as well as "other views."
The IRS was intended to be a revenue-collecting arm of the government, not a weapon politicians can use to crush their opponents. But that's what it's become and it's far beyond reform. It needs to be at the front of a long line of federal agencies that are abolished.
the obama regime Justice Department Was Involved In IRS Targeting, Lerner Emails Reveal
It has to be embarrassing to the DOJ, which may not be the most impartial one to be investigating the IRS. In fact, the DOJ withheld over 800 pages of Lerner documents citing “taxpayer privacy” and “deliberative privilege.” Yet these internal DOJ documents show Ms. Lerner was talking to DOJ officials about prosecuting tax-exempt entities (yes, criminally!) two years before the IRS conceded there was inappropriate targeting.
Ms. Lerner met with top officials from the DOJ’s Election Crimes Branch in October of 2010. Although Judicial Watch filed a Freedom of Information Act (FOIA) lawsuit against the DOJ (Judicial Watch v. Department of Justice, No. 14-cv-01239), the DOJ coughed up dirt only on court order. Even then, the DOJ handed over only two pages of heavily redacted emails.
(AP Photo/Lauren Victoria Burke, File)
“Hi Lois-It’s been a long time, and you might not remember me, I’ve taken on [REDACTED] duties. I’m looking forward to meeting you, Can we chat in advance? I’m a [REDACTED]“Ms. Lerner responded on October 2, 2010:
“Sure-that’s a good Idea [sic]. I have a meeting out of the office Monday morning, but will try you when I get back sometime early afternoon. You can try me at 202 283-8848.”Documents from a Freedom of Information Act lawsuit against the IRS show that Ms. Lerner asked the DOJ whether tax-exempt entities could be criminally prosecuted. This May 8, 2013 email by Ms. Lerner went to Nikole C. Flax, Chief of Staff to Acting IRS Commissioner Steven T. Miller, who would later be fired by President Obama:
“I got a call today from Richard Pilger Director Elections Crimes Branch at DOJ … He wanted to know who at IRS the DOJ folk s [sic] could talk to about Sen. Whitehouse idea at the hearing that DOJ could piece together false statement cases about applicants who “lied” on their 1024s–saying they weren’t planning on doing political activity, and then turning around and making large visible political expenditures. DOJ is feeling like it needs to respond, but want to talk to the right folks at IRS to see whether there are impediments from our side and what, if any damage this might do to IRS programs. I told him that sounded like we might need several folks from IRS…”DOJ’s Mr. Pilger admitted that DOJ officials met Ms. Lerner in October 2010. Moreover, according to congressional investigators, a Lerner email from October 5, 2010 shows the IRS sent the FBI and DOJ a “1.1 million page database of information from 501(c)(4) tax exempt organizations” that contained confidential taxpayer information.
In her May 2013 answer to a planted question about the alleged targeting of Tea Party and conservative groups, Ms. Lerner suggested that the alleged targeting occurred due to an “uptick” in 501 (c)(4) applications to the IRS. In reality, there was a decrease, and as for targeting (what targeting?), well, you know the rest.
Remember those rogue IRS employees in Cincinnati? They were confused. And while all Americans should be concerned, Judicial Watch sounds fit to be tied.
“No wonder the Department of Justice under Eric Holder has done no serious investigation of the Obama IRS scandal,” said Judicial Watch President Tom Fitton.
“These new documents dramatically show how the Justice Department is up
to its neck in the IRS scandal and can’t be trusted to investigate
crimes associated with the IRS abuses that targeted Obama’s critics,” he
said. “Richard Nixon was impeached for less.”
Perhaps the latter is an overstatement. Yet it is getting harder and harder to simply accept President Obama’s ‘no smidgen of corruption’ remark made to Fox News in February, no matter how sincere and forthright his delivery.You can reach me at Wood@WoodLLP.com. This discussion is not intended as legal advice, and cannot be relied upon for any purpose without the services of a qualified professional.
IRS ADMITS TO COURT IT HASN’T SEARCHED FOR MISSING LERNER EMAILS
NOVEMBER 05, 2014 | IRS, IRS Scandal, lois lerner
Judicial Watch announced today that the
Internal Revenue Service (IRS) admitted to the court that it failed to
search any of the IRS standard computer systems for the “missing” emails
of Lois Lerner and other IRS officials. The admission appears in an IRS
legal brief opposing the Judicial Watch request that a federal court
judge allow discovery into how “lost and/or destroyed” IRS records may
be retrieved.
IRS Admits to Court it Hasn’t Searched for Missing Lerner Emails
Judicial Watch announced today that the Internal Revenue Service
(IRS) admitted to the court that it failed to search any of the IRS
standard computer systems for the “missing” emails of Lois Lerner and
other IRS officials. The admission appears in an IRS legal brief
opposing the Judicial Watch request that a federal court judge allow
discovery into how “lost
Judicial Watch Sues Internal Revenue Service for Records about IRS Monitoring of Churches
Judicial Watch announced today that on November 6, 2014, it filed
a Freedom of Information (FOIA) lawsuit against the Internal Revenue
Service (IRS) seeking “any and all records” relating to the agency’s
“monitoring of churches and other tax exempt religious organizations”
for alleged political activity.
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Imagine That: Lerner Ignored Union Political Expenditures
The official at the center of the Internal Revenue Service tea party scandal once dismissed complaints that labor unions were not reporting millions of dollars in political activities on their tax forms, according to an email obtained by The Daily Caller News Foundation.
In 2007, Lerner responded directly to a complaint that some major labor unions reported completely different amounts of political expenditures when filing with the IRS and the Department of Labor.
At the time of the email, Lerner was the Director of Exempt Organizations at the IRS.
Lerner wrote, “We looked at the information you provided regarding organizations that report substantial amounts of political activity and lobbying expenditures on the DOL Form LM-2, but report little to no political expenditures on the Form 990 filed with the IRS.”
“We believe this difference in reporting does not necessarily indicate that the organization has incorrectly reported to either the DOL or the IRS,” Lerner concluded.
Don Todd, the deputy assistant secretary of the Office of Labor-Management Standards (OLMS) at the time the email was sent, confirmed seeing Lerner’s email and remembering similar complaints at the time. OLMS oversees labor union financial disclosures within the Department of Labor.
“The laws never been enforced,” Todd told TheDCNF. “The IRS was telling us it would cost more to enforce the law then they would collect.”
In 2006, the year leading up to Lerner’s email, the national headquarters for the AFL-CIO reported no direct or indirect political expenditures with the IRS on their 990 form, leaving the line 81a blank. That same year, the AFL-CIO reported $29,585,661 in political activities with the Department of Labor.
Also in 2006 the Teamsters Union reported no political expenditures with the IRS while at the same time reporting $7,081,965 with the Labor Department.
Again in 2006, Unite-Here reported no political activity with the IRS and $1,451,002 with the Labor Department.
In 2005, the National Education Association also reported no political expenditures with the IRS while at the same time reporting $24,985,250 with the Labor Department.
Labor union political spending overwhelmingly benefits Democrats. Todd told TheDNCF Lerner may have been playing favorites. Lerner has been accused of singling out tea party groups applying for tax-exempt status.
Lerner acknowledged in the 2007 email, “The definition of political campaign activity required to be reported on Form LM2 coincides with the definition of political campaign activity expenditures required to be reported on Form 990.”
But she did offer some possible reasons for the discrepancies. “The Form LM-2 does not separate this reporting from the reporting of lobbying expenditures,” she wrote. “Furthermore, even if section 501(c)(5) labor organizations were required to report their lobbying expenditures, the amount required to be reported on Form LM-2 includes activity, such as attempting to influence regulations, that is not required to be reported as lobbying, as the IRS limitations apply to legislative lobbying.”
Lerner conceded, “Having said that, we did see some instances that raised concerns and we referred that information to our Dallas office to determine whether examination is warranted.” It does not appear any further investigation was conducted.
The Bush administration mandated more detailed disclosure requirements for labor unions, but they were relaxed by the Obama administration’s Labor Department.
An IRS spokesman told TheDCNF the agency had no “immediate comment” on the matter.
Ex-IRS official Lois Lerner called conservatives 'crazies'
By Stephen Ohlemacher
WASHINGTON (AP) - A former IRS official at the heart of the agency's tea party controversy called conservative Republicans "crazies" and more in emails released Wednesday. Lois Lerner headed the IRS division that handles applications for tax-exempt status. In a series of emails with a colleague in November 2012, Lerner made two disparaging remarks about members of the GOP, including one remark that was profane.
Rep. Dave Camp, who chairs the House Ways and Means Committee, released the emails Wednesday as part of his committee's investigation. The Michigan Republican says the emails show Lerner's "disgust with conservatives."
In one email, Lerner called members of the GOP crazies. In the other, she called them "assholes." The committee redacted the wording to "_holes" in the material it released publicly but a committee spokeswoman confirmed to the AP that the email said "assholes."
Congress and the Justice Department are investigating whether the IRS improperly scrutinized applications for tax-exempt status from conservative groups.
Camp sent copies of the emails to the Justice Department, saying they provide further proof that Lerner willfully targeted conservatives.
Lerner has since retired from the agency. Her lawyer did not immediately respond to a request for comment.
Lerner has emerged as a central figure in several congressional investigations into the IRS' handling of applications for tax-exempt status by tea party and other conservative groups. Twice Lerner refused to answer questions at congressional hearings, invoking her constitutional right against self-incrimination.
In June, the IRS told Congress that an untold number of Lerner's emails were lost when her computer hard drive crashed in 2011.
In the newly released emails, Lerner was apparently traveling in Great Britain when she uses her Blackberry to send a series of emails to a colleague at the IRS. Camp said Lerner was using her government email account.
Lerner tells her colleague that she overheard some women say America was bankrupt and "going down the tubes."
"Well, you should hear the whacko wing of the GOP," replied her colleague, whose name is blacked out. "The US is through; too many foreigners sucking the teat; time to hunker down, buy ammo and food, and prepare for the end. The right wing radio shows are scary to listen to."
Lerner replies: "Great. Maybe we are through if there are that many assholes."
Her colleague replies: "And I'm talking about the hosts of the shows. The callers are rabid."
Lerner: "So we don't need to worry about alien teRrorists. It's our own crazies that will take us down."
Last week the IRS announced they have "lost" emails belonging to
former head of tax exempt organizations Lois Lerner dated between
January 2009 and April 2011. Conveniently, the agency still has emails
Lerner sent to other IRS employees but cannot locate emails she sent to
the White House, Democratic members of Congress, the Treasury
Department, FEC, Department of Justice and other outside groups.
As if that claim wasn't bogus enough, the IRS announced yesterday that it cannot find emails belonging to six high ranking IRS officials, including former Acting Commissioner Chief of Staff Nikole Flax.
Last night attorney Cleta Mitchell, who is representing groups like True the Vote in a lawsuit against the IRS, went on The Kelly File to address IRS claims of "lost emails." Mitchell said she doesn't believe the emails are "lost" and pointed out the double standard between how IRS officials behave and what they expect from private taxpayers and groups when it comes to keeping documentation.
"I think this is a scandal in and of itself. It is absolutely not credible," Mitchell said. "I absolutely do not believe it."
As if that claim wasn't bogus enough, the IRS announced yesterday that it cannot find emails belonging to six high ranking IRS officials, including former Acting Commissioner Chief of Staff Nikole Flax.
Last night attorney Cleta Mitchell, who is representing groups like True the Vote in a lawsuit against the IRS, went on The Kelly File to address IRS claims of "lost emails." Mitchell said she doesn't believe the emails are "lost" and pointed out the double standard between how IRS officials behave and what they expect from private taxpayers and groups when it comes to keeping documentation.
"I think this is a scandal in and of itself. It is absolutely not credible," Mitchell said. "I absolutely do not believe it."
IRS Commissioner John Koskinen will testify next week in front of the House Oversight Committee about the "lost" emails.
It’s
not just Lois Lerner’s e-mails. The Internal Revenue Service says it
can’t produce e-mails from six more employees involved in the targeting
of conservative groups, according to two Republicans investigating the
scandal.
The IRS told Ways and Means chairman Dave Camp and subcommittee chairman Charles Boustany that computer crashes resulted in additional lost e-mails, including from Nikole Flax, the chief of staff to former IRS commissioner Steven Miller, who was fired in the wake of the targeting scandal.
The revelation about Lerner’s e-mails rekindled the scandal and today’s news has further inflamed Republicans. Camp and Boustany are now demanding a special prosecutor to investigate “every angle” of the targeting. They expressed particular outrage that the agency has known since February that it would not be able to produce the e-mails requested by the committee yet did not apprise the committee of that fact, and they charged in a statement that the IRS is attempting to “cover up the fact that it convenient lost key documents in the investigation.”
If Lerner is the central figure in the scandal — Oversight Committee chairman Darrell Issa said Monday evening he believes she was the senior-most official involved — Flax may be an important auxiliary figure. E-mails produced in response to a Freedom of Information Act request from the group Judicial Watch show Flax giving the green light to Lerner’s request to meet with Department of Justice officials to explore the possibility of criminally prosecuting nonprofit groups — at the suggestion of Democratic senator Sheldon Whitehouse — for engaging in political activity after declaring on their application for nonprofit status that they had no plans to do so.
E-mails uncovered by the committee last week showed that, in preparation for her meeting with the Department of Justice, Lerner and one of her advisers transmitted 1.1 million pages of data on nonprofit groups, including confidential taxpayer information, to the Federal Bureau of Investigation, potentially in violation of federal law.
The IRS told Ways and Means chairman Dave Camp and subcommittee chairman Charles Boustany that computer crashes resulted in additional lost e-mails, including from Nikole Flax, the chief of staff to former IRS commissioner Steven Miller, who was fired in the wake of the targeting scandal.
The revelation about Lerner’s e-mails rekindled the scandal and today’s news has further inflamed Republicans. Camp and Boustany are now demanding a special prosecutor to investigate “every angle” of the targeting. They expressed particular outrage that the agency has known since February that it would not be able to produce the e-mails requested by the committee yet did not apprise the committee of that fact, and they charged in a statement that the IRS is attempting to “cover up the fact that it convenient lost key documents in the investigation.”
If Lerner is the central figure in the scandal — Oversight Committee chairman Darrell Issa said Monday evening he believes she was the senior-most official involved — Flax may be an important auxiliary figure. E-mails produced in response to a Freedom of Information Act request from the group Judicial Watch show Flax giving the green light to Lerner’s request to meet with Department of Justice officials to explore the possibility of criminally prosecuting nonprofit groups — at the suggestion of Democratic senator Sheldon Whitehouse — for engaging in political activity after declaring on their application for nonprofit status that they had no plans to do so.
E-mails uncovered by the committee last week showed that, in preparation for her meeting with the Department of Justice, Lerner and one of her advisers transmitted 1.1 million pages of data on nonprofit groups, including confidential taxpayer information, to the Federal Bureau of Investigation, potentially in violation of federal law.
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