Holy Over Reach!!!
JW Obtains IRS Documents Showing Lerner in Contact With DOJ about Potential Prosecution of Tax-Exempt Groups APRIL 16, 2014 May 9, 2013, email reveals IRS plans to meet with Department of Justice over whether to prosecute groups that “lied” about plans for political activity (Washington, DC) – Judicial Watch today released a new batch of internal IRS documents revealing that former IRS official Lois Lerner communicated with the Department of Justice (DOJ) about whether it was possible to criminally prosecute certain tax-exempt entities. The documents were obtained as a result of an October 2013 Judicial Watch Freedom of Information Act (FOIA) lawsuit filed against the Internal Revenue Service (IRS) after the agency refused to respond to four FOIA requests dating back to May 2013. The newly released IRS documents contain an email exchange between Lerner and Nikole C. Flax, then-Chief of Staff to then-Acting IRS Commissioner Steven T. Miller discussing plans to work with the DOJ to prosecute nonprofit groups that “lied” (Lerner’s quotation marks) about political activities. The exchange includes the following: May 8, 2013: Lerner to Flax 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… May 9, 2013: Flax to Lerner I think we should do it – also need to include CI [Criminal Investigation Division], which we can help coordinate. Also, we need to reach out to FEC. Does it make sense to consider including them in this or keep it separate? Lerner then “handed off” scheduling the issue to Senior Technical Adviser, Attorney Nancy Marks, who was then supposed to set up the meeting with the DOJ. Lerner also decided that it would be DOJ’s decision as to whether representatives from the Federal Election Commission would attend. Democratic Rhode Island Senator Sheldon Whitehouse had held a hearing on April 9during which, “in questioning the witnesses from DOJ and IRS, Whitehouse asked why they have not prosecuted 501(c)(4) groups that have seemingly made false statements about their political activities.” Lerner described the impetus for this hearing in a March 27, 2013, email to top IRS staff: As I mentioned yesterday — there are several groups of folks from the FEC world that are pushing tax fraud prosecution for c4s who report they are not conducting political activity when they are (or these folks think they are). One is my ex-boss Larry Noble (former General Counsel at the FEC), who is now president of Americans for Campaign Reform. This is their latest push to shut these down. One IRS prosecution would make an impact and they wouldn’t feel so comfortable doing the stuff. So, don’t be fooled about how this is being articulated – it is ALL about 501(c)(4) orgs and political activity But in an email sent a few minutes earlier, Lerner acknowledged prosecutions would evidently be at odds with the law: Whether there was a false statement or fraud regarding an [sic] description of an alleged political expenditure that doesn’t say vote for or vote against is not realistic under current law. Everyone is looking for a magic bullet or scapegoat — there isn’t one. The law in this area is just hard. The documents also include email exchanges showing that before Lerner’s May 10, 2013, speech to the American Bar Association blaming “low-level” employees in Cincinnati for targeting tax-exempt organizations, the IRS Exempt Organizations division was scrambling to defuse the emerging targeting scandal: May 1, 2013: After receiving an email from an assistant showing that 501(c)(4) applications had increased from 1591 in 2010 to 3398 in 2012 , Lerner wrote back, “Looks to me like 2010-2012 doubled too. Oh well – thanks.”May 2, 2013: Discussing an upcoming conference call with approximately 100 congressional staffers on May 22, Lerner cautions aides, “Need to be careful not to mention sequester/furlough unless asked although can allude to budget and resources restraints.” May 2, 2013: In response to an email reminding her about the upcoming conference call with congressional staffers, Lerner responded, “Arrgh – I just saw it. Sharon [White] could skate, but Cindy [Thomas] is the person who could answer that stuff. We need to give them some type of language in the event that type of question comes up” [apparently in reference to earlier email referencing “sensitive issues”]. The new documents obtained by Judicial Watch also include emails exchanged after Lerner’s May 10 ABA speech: May 10, 2013: In an email to an aide responding to a request for information from a Washington Post reporter, Lerner admits that she “can’t confirm that there was anyone on the other side of the political spectrum” who had been targeted by the IRS. She then adds that “The one with the names used were only know [sic] because they have been very loud in the press.” May 10, 2013: An email from former Cincinnati program manager Cindy Thomas excoriates Lerner for her comments blaming “low-level” employees in its Cincinnati office for targeting tax-exempt organizations that had “Tea Party” or “Patriots” in their names during the 2012 election. Highlighting the words “low-level workers” in bold-face type each of the seven times she used it in short, pungent email, Thomas asked, “How am I supposed to keep the low-level workers motivated when the public believes they are nothing more than low-level workers and now will have no respect for how they are working cases?” Lerner’s response nearly an hour later was a terse, “I will be back shortly and give you a call.” May 15, 2013: In an email from an aide to Lerner, the aide specifically mentions “Tea Party Organizations, the “Tea Party movement,” and “Tea Party Patriots” as organizations targeted by the IRS. The Judicial Watch FOIA requests came on the heels of an explosive May 14, 2013, Treasury Inspector General report revealing that the IRS had singled out groups with conservative-sounding terms such as “patriot” and “Tea Party” in their titles when applying for tax-exempt status. The IG probe determined that “Early in Calendar Year 2010, the IRS began using inappropriate criteria to identify organizations applying for tax-exempt status to (e.g., lists of past and future donors).” According to the report, the illegal IRS reviews continued for more than 18 months and “delayed processing of targeted groups’ applications” preparing for the 2012 presidential election. Lerner, who headed the IRS division that handles applications for tax-exempt status, refused to testify at a May 2013 hearing before Rep. Darrell Issa’s (R-CA) House Oversight Committee, demanding immunity concerning her role in the targeting scandal. Lerner retired from the IRS with full benefits on September 23 after an internal investigation found she was guilty of “neglect of duties” and was going to call for her ouster, according to news reports. On April 9, 2014, the Ways and Means Committee referred Lois Lerner to the DOJ for criminal prosecution. On April 10, 2014, the House Oversight Committee voted to hold Lerner in contempt of Congress. http://www.judicialwatch.org/press-room/press-releases/jw-obtains-irs-documents-showing-lerner-contact-doj-potential-prosecution-tax-exempt-groups/
IRS Employees Don't Just Target Political Enemies, They Also Support Friends, Says Federal Watchdog
J.D. Tuccille|Apr. 10, 2014 10:39 am
http://reason.com/blog/2014/04/10/irs-employees-dont-just-target-political
We already know that the Internal Revenue Service (IRS) has a long history of wielding its awesome clout against political opponents of sitting presidents, powerful members of Congress, and the tax collectors themselves, but who are IRS employees for? Well, President Obama seems to tickle their fancy. According to the U.S. Office of Special Counsel, which enforces the Hatch Act limiting political activity by federal employees, IRS employees are "alleged to have engaged in partisan political activity on duty and in the federal workplace."
Under federal law, IRS employees, like most federal workers, are considered "less restricted employees" who still must mind their actions lest they be be seen as using the taxpayers' money and resources to influence who gets to rule over those taxpayers. According to the list of no-nos, such federal workers "May not engage in political activity—i.e., activity directed at the success or failure of a political party, candidate for partisan political office, or partisan political group— while the employee is on duty, in any federal room or building, while wearing a uniform or official insignia, or using any federally owned or leased vehicle."
Nevertheless, in a press release dated April 9, the Office of Special Counsel reports that not just individual IRS employees but whole offices are openly rooting for the incumbent president of the United States.
OSC received allegations that employees working in the IRS Taxpayer Assistance Center in Dallas, Texas, violated the Hatch Act by wearing pro-Obama political stickers, buttons, and clothing to work and displaying pro-Obama screensavers on their IRS computers. It could not be determined whether these materials were displayed prior to the November 2012 election or only afterwards. However, since the information OSC received alleged that these items were commonplace throughout the office, OSC issued cautionary guidance to all IRS employees in the Dallas Taxpayer Assistance Center that they cannot wear or display any items advocating for or against a political party, partisan political group, or partisan candidate in the workplace.
Other IRS employees face discipline for advising taxpayers to vote for President Obama during the course of their duties.
This raises certain concerns given the tax agency's acknowledged ability to peer into and disrupt the lives of individual taxpayers and organizations. Just yesterday, the House Ways and Means Committee voted to refer former IRS official Lois Lerner to the Justice Department over allegations that she led the targeting of conservative political organizations.
Long before the current scandal, presidents of both parties—including Franklin Delano Roosevelt and Richard M. Nixon—used the IRS as a bludgeon against political enemies. "My father," Elliott Roosevelt said of FDR, "may have been the originator of the concept of employing the IRS as a weapon of political retribution."
Further evidence of politicized tax collectors with distinct partisan preferences does the IRS no favors—and should scare the hell out of Americans.
This ain't Fox News, twerps.
https://www.osc.gov/press.htm
...office in Dallas violated the Hatch Act. Yawn. How about some political aides to President George W. Bush violating the Hatch Act?
Your Romney post was hardly earth shattering!
Political groups are not entitled to non profit status. Political donations are not tax deductible. The citizens united ruling pushed billions of dollars into phony charities that were really PACs . That is the scandal. Phony 501c's fraudulently avoiding taxes
by law a 501(c)(3) can not donate directly to a candidate.
Correct me if I'm wrong. That is legal, and you disagree with the law.
Exemption Requirements - 501(c)(3) Organizations
To be tax-exempt under section 501(c)(3) of the Internal Revenue Code, an organization must be organized and operated exclusively for exempt purposes set forth in section 501(c)(3), and none of its earnings may inure to any private shareholder or individual. In addition, it may not be an action organization, i.e., it may not attempt to influence legislation as a substantial part of its activities and it may not participate in any campaign activity for or against political candidates.
Organizations described in section 501(c)(3) are commonly referred to as charitable organizations. Organizations described in section 501(c)(3), other than testing for public safety organizations, are eligible to receive tax-deductible contributions in accordance with Code section 170.
The organization must not be organized or operated for the benefit of private interests, and no part of a section 501(c)(3) organization's net earnings may inure to the benefit of any private shareholder or individual. If the organization engages in an excess benefit transaction with a person having substantial influence over the organization, an excise tax may be imposed on the person and any organization managers agreeing to the transaction.
Section 501(c)(3) organizations are restricted in how much political and legislative (lobbying) activities they may conduct. For a detailed discussion, see Political and Lobbying Activities. For more information about lobbying activities by charities, see the article Lobbying Issues; for more information about political activities of charities, see the FY-2002 CPE topic Election Year Issues.
Holy Over Reach!!!
JW Obtains IRS Documents Showing Lerner in Contact With DOJ about Potential Prosecution of Tax-Exempt Groups
APRIL 16, 2014
May 9, 2013, email reveals IRS plans to meet with Department of Justice over whether to prosecute groups that “lied” about plans for political activity
(Washington, DC) – Judicial Watch today released a new batch of internal IRS documents revealing that former IRS official Lois Lerner communicated with the Department of Justice (DOJ) about whether it was possible to criminally prosecute certain tax-exempt entities. The documents were obtained as a result of an October 2013 Judicial Watch Freedom of Information Act (FOIA) lawsuit filed against the Internal Revenue Service (IRS) after the agency refused to respond to four FOIA requests dating back to May 2013.
The newly released IRS documents contain an email exchange between Lerner and Nikole C. Flax, then-Chief of Staff to then-Acting IRS Commissioner Steven T. Miller discussing plans to work with the DOJ to prosecute nonprofit groups that “lied” (Lerner’s quotation marks) about political activities. The exchange includes the following:
May 8, 2013: Lerner to Flax
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…
May 9, 2013: Flax to Lerner
I think we should do it – also need to include CI [Criminal Investigation Division], which we can help coordinate. Also, we need to reach out to FEC. Does it make sense to consider including them in this or keep it separate?
Lerner then “handed off” scheduling the issue to Senior Technical Adviser, Attorney Nancy Marks, who was then supposed to set up the meeting with the DOJ. Lerner also decided that it would be DOJ’s decision as to whether representatives from the Federal Election Commission would attend.
Democratic Rhode Island Senator Sheldon Whitehouse had held a hearing on April 9during which, “in questioning the witnesses from DOJ and IRS, Whitehouse asked why they have not prosecuted 501(c)(4) groups that have seemingly made false statements about their political activities.” Lerner described the impetus for this hearing in a March 27, 2013, email to top IRS staff:
As I mentioned yesterday — there are several groups of folks from the FEC world that are pushing tax fraud prosecution for c4s who report they are not conducting political activity when they are (or these folks think they are). One is my ex-boss Larry Noble (former General Counsel at the FEC), who is now president of Americans for Campaign Reform. This is their latest push to shut these down. One IRS prosecution would make an impact and they wouldn’t feel so comfortable doing the stuff.
So, don’t be fooled about how this is being articulated – it is ALL about 501(c)(4) orgs and political activity
But in an email sent a few minutes earlier, Lerner acknowledged prosecutions would evidently be at odds with the law:
Whether there was a false statement or fraud regarding an [sic] description of an alleged political expenditure that doesn’t say vote for or vote against is not realistic under current law. Everyone is looking for a magic bullet or scapegoat — there isn’t one. The law in this area is just hard.
The documents also include email exchanges showing that before Lerner’s May 10, 2013, speech to the American Bar Association blaming “low-level” employees in Cincinnati for targeting tax-exempt organizations, the IRS Exempt Organizations division was scrambling to defuse the emerging targeting scandal:
May 1, 2013: After receiving an email from an assistant showing that 501(c)(4) applications had increased from 1591 in 2010 to 3398 in 2012 , Lerner wrote back, “Looks to me like 2010-2012 doubled too. Oh well – thanks.”
May 2, 2013: Discussing an upcoming conference call with approximately 100 congressional staffers on May 22, Lerner cautions aides, “Need to be careful not to mention sequester/furlough unless asked although can allude to budget and resources restraints.”
May 2, 2013: In response to an email reminding her about the upcoming conference call with congressional staffers, Lerner responded, “Arrgh – I just saw it. Sharon [White] could skate, but Cindy [Thomas] is the person who could answer that stuff. We need to give them some type of language in the event that type of question comes up” [apparently in reference to earlier email referencing “sensitive issues”].
The new documents obtained by Judicial Watch also include emails exchanged after Lerner’s May 10 ABA speech:
May 10, 2013: In an email to an aide responding to a request for information from a Washington Post reporter, Lerner admits that she “can’t confirm that there was anyone on the other side of the political spectrum” who had been targeted by the IRS. She then adds that “The one with the names used were only know [sic] because they have been very loud in the press.”
May 10, 2013: An email from former Cincinnati program manager Cindy Thomas excoriates Lerner for her comments blaming “low-level” employees in its Cincinnati office for targeting tax-exempt organizations that had “Tea Party” or “Patriots” in their names during the 2012 election. Highlighting the words “low-level workers” in bold-face type each of the seven times she used it in short, pungent email, Thomas asked, “How am I supposed to keep the low-level workers motivated when the public believes they are nothing more than low-level workers and now will have no respect for how they are working cases?” Lerner’s response nearly an hour later was a terse, “I will be back shortly and give you a call.”
May 15, 2013: In an email from an aide to Lerner, the aide specifically mentions “Tea Party Organizations, the “Tea Party movement,” and “Tea Party Patriots” as organizations targeted by the IRS.
The Judicial Watch FOIA requests came on the heels of an explosive May 14, 2013, Treasury Inspector General report revealing that the IRS had singled out groups with conservative-sounding terms such as “patriot” and “Tea Party” in their titles when applying for tax-exempt status. The IG probe determined that “Early in Calendar Year 2010, the IRS began using inappropriate criteria to identify organizations applying for tax-exempt status to (e.g., lists of past and future donors).” According to the report, the illegal IRS reviews continued for more than 18 months and “delayed processing of targeted groups’ applications” preparing for the 2012 presidential election.
Lerner, who headed the IRS division that handles applications for tax-exempt status, refused to testify at a May 2013 hearing before Rep. Darrell Issa’s (R-CA) House Oversight Committee, demanding immunity concerning her role in the targeting scandal. Lerner retired from the IRS with full benefits on September 23 after an internal investigation found she was guilty of “neglect of duties” and was going to call for her ouster, according to news reports. On April 9, 2014, the Ways and Means Committee referred Lois Lerner to the DOJ for criminal prosecution. On April 10, 2014, the House Oversight Committee voted to hold Lerner in contempt of Congress.
......as head of the IRS Exempt Organizations Division.
"Further evidence of politicized tax collectors with distinct partisan preferences does the IRS no favors—and should scare the hell out of Americans."
We, and Congress should be very vigilant in making certain the IRS is not used as a political weapon by anyone.
I just wish the IRS would do their job!
spending $50 MILLION to help the witchhunt against guns?
you know, the guy who banned the evil 24 oz soda.
that's a separate issue. And, taking a carte blanc swipe at the Huffington Post without being specific about what you disagree with in the specific article is just lazy, and does not pass muster as a legitimate argument.
for Obama?
in a professional capacity
particularly, in this context, the "Hatch Act."
Are you playing dumb, trying to put words in my mouth, or trying deflect from the truth that Repubs. are undermining the IRS with their budget cuts.
Your'e "not for anyone breaking the law in the context of the Hatch Act and yet you make excuses for them!
Again, not even near as clever as you think! Keep trying!
considered to be breaking the law; in this case the Hatch Act?
Do you even know how to read?
-- Modified on 4/18/2014 7:54:59 AM
for a totalitarian regime.
keep flailing!!!