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Bryan Preston

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April 16, 2014 - 7:29 am

Katie Pavlich reports that newly released IRS emails prove that former IRS honcho Lois Lerner contacted the U.S. Department of Justice about prosecuting some tax exempt groups in May 2013. The emails have been released per a Judicial Watch FOIA.

Lerner wrote the email shortly before an inspector general’s report would make the IRS abuse of conservative groups public. Lerner got ahead of that by apologizing for the abuse via a planted question in a conference call with the American Bar Association.

Lerner emailed the IRS commissioner’s office about the DOJ on May 8, 2013 — just two days before she disclosed the abuse scandal — asking DOJ whether groups could be criminally prosecuted for “lying” on their tax exempt request forms.

“I got a call today from Richard Pilger Director Elections Crimes Branch at DOJ,” Lerner wrote on May 8 to Nikole Flax, chief of staff to former IRS Commissioner Steven Miller. “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.”

Flax responded in email: ”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?”

Flax worked for acting IRS Commissioner Steven Miller. Miller would testify under oath on May 17, 2013 that an “increased workload” was to blame for the abuse. His own chief of staff, at least, knew that that was not true.

By the time of Lerner and Flax’s emails, the abuse had been going on since 2012. Lerner, at least, knew all about it. In these emails, Lerner was seeking to escalate it into criminal prosecutions, based on the wishes of a Democrat senator, and on her communications with the Department of Justice.

Let’s back up to March 27, 2013. Lerner emailed staff about an upcoming Senate hearing.

“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,” she wrote to IRS staff. “So, don’t be fooled about how this is being articulated – it is ALL about 501(c)(4) orgs and political activity.”

On April 9, 2013, Sen. Sheldon Whitehouse used a Senate Judiciary Committee Hearing to ask DOJ witnesses why some conservative groups were not being prosecuted. He accused those groups of “lying” on their tax exempt status forms.

After that, Lerner and DOJ communicated about going forward with prosecutions. Only the impending disclosure of the scheme by the IRS inspector general put a stop to that, and got Lerner to disclose the scandal ahead of the IG. If the IG had not been about to go public, the abuse would not only have continued, it would have gone criminal.

We now have a sitting Democrat congressman, Elijah Cummings, a sitting Democrat senator, Sheldon Whitehouse, the Federal Elections Commission, the U.S. Department of Justice, and the Internal Revenue Service all implicated in the scandal. Flax’s involvement puts the abuse squarely into the IRS commissioner’s office. But it takes an entity above all of those agencies to coordinate their actions. That entity can only be the White House.

Bryan Preston has been a leading conservative blogger and opinionator since founding his first blog in 2001. Bryan is a military veteran, worked for NASA, was a founding blogger and producer at Hot Air, was producer of the Laura Ingraham Show and, most recently before joining PJM, was Communications Director of the Republican Party of Texas.

Comments are closed.

Top Rated Comments   
The most stunning thing here is that no one in any of these government positions saw that this was a grave abuse of power and a threat to our liberties. None of them saw the need to take the high road and blow the whistle or resign to avoid violating the Constitution. This certainly lends credence to the accusation that the entire departments are corrupt and must be defunded.
35 weeks ago
35 weeks ago Link To Comment
This cries out for a special prosecutor. One assigned by and approved by....the people.

When the government has gone full gangster, the people need to respond. When the government is involved in an overthrow attempt, the people need to respond.

This is not a petition to redress grievances. This is a petition to thwart high crimes and a conspiracy to destroy liberty.

No sitting official would have the power to act. No sitting body would be free from infiltration of the conspirators. An extra-judicial vehicle, designed by the people, for the people and of the people should be formed.

And our government should be put on trial. If we have to start that in a state...I nominate Texas. Have Ted Cruz and Jeff Sessions and Trey Gowdy form the People's Liaison committee.

Prosecute this as a conspiracy to commit high crimes against individuals and groups of citizens and to overthrow the free market, destroy the Constitution and abuse the office of the government in a plot against America.

Don't impeach. Impale.
35 weeks ago
35 weeks ago Link To Comment
Forget Spartacus.... I am Dinesh D'Souza!
35 weeks ago
35 weeks ago Link To Comment
All Comments   (13)
All Comments   (13)
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"the abuse would not only have continued"

It's stopped? The approvals have gone through?
35 weeks ago
35 weeks ago Link To Comment
"Not a smidgen of a scandal"

Them dems can run but can they hide?
35 weeks ago
35 weeks ago Link To Comment
I, Barack Hussein Obama, President of the United States, pursuant to the pardon power conferred upon me by Article II, Section 2, of the Constitution, have granted and by these presents do grant a full, free, and absolute pardon unto Lois G. Lerner for all offenses against the United States which she, Lois G. Lerner has taken part in or committed or may take part in or commit during the period from January 20, 2009 through January 20, 2017.

Our long national nightmare is over.
35 weeks ago
35 weeks ago Link To Comment
The most stunning thing here is that no one in any of these government positions saw that this was a grave abuse of power and a threat to our liberties. None of them saw the need to take the high road and blow the whistle or resign to avoid violating the Constitution. This certainly lends credence to the accusation that the entire departments are corrupt and must be defunded.
35 weeks ago
35 weeks ago Link To Comment
It is back to the demonization of the other side. Many liberals really believe the rhetoric that conservatives are racist, selfish, rich fatcats, not hardworking people who simply need their paycheck to support themselves - and have this coming to them.
35 weeks ago
35 weeks ago Link To Comment
" But it takes an entity above all of those agencies to coordinate their actions. That entity can only be the White House."

Jarrett would fall on her sword.
35 weeks ago
35 weeks ago Link To Comment
She's a longtime Chicago politician, if not an elected one, so her own survival will come before Obama's survival. There are ideologues in the administration, but she's not one of them.
35 weeks ago
35 weeks ago Link To Comment
I wonder how many Federal employees are cursing the day that they ever had contact with this wretched woman.

Lois Lerner couldn't get lunch in DC unless she had someone drive her through the Burger King window lane.
35 weeks ago
35 weeks ago Link To Comment
Sen. Sheldon Whitehouse,
We want to know when there will be a prosecution.
35 weeks ago
35 weeks ago Link To Comment
Of course we can rest assured that the esteemed senator was equally concerned about misdeeds of liberal groups as he was about conservatives.
35 weeks ago
35 weeks ago Link To Comment
This cries out for a special prosecutor. One assigned by and approved by....the people.

When the government has gone full gangster, the people need to respond. When the government is involved in an overthrow attempt, the people need to respond.

This is not a petition to redress grievances. This is a petition to thwart high crimes and a conspiracy to destroy liberty.

No sitting official would have the power to act. No sitting body would be free from infiltration of the conspirators. An extra-judicial vehicle, designed by the people, for the people and of the people should be formed.

And our government should be put on trial. If we have to start that in a state...I nominate Texas. Have Ted Cruz and Jeff Sessions and Trey Gowdy form the People's Liaison committee.

Prosecute this as a conspiracy to commit high crimes against individuals and groups of citizens and to overthrow the free market, destroy the Constitution and abuse the office of the government in a plot against America.

Don't impeach. Impale.
35 weeks ago
35 weeks ago Link To Comment
I have said from the beginning that there must be state law crimes involved in this regime's ultra vires activities. Will not some state Attorney General act on these turbulent clerks?
35 weeks ago
35 weeks ago Link To Comment
Forget Spartacus.... I am Dinesh D'Souza!
35 weeks ago
35 weeks ago Link To Comment
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