THE SMIDGEN REPORT UPDATE: IRS Commissioner John Koskinen Has Got to GoPosted: July 28, 2015
When it was revealed in 2013 that the IRS had targeted conservative groups for exercising their First Amendment rights, President Obama correctly called the policy “inexcusable” and pledged accountability. He even fired the then-acting IRS commissioner because he said it was necessary to have “new leadership that can help restore confidence going forward.”
“A taxpayer would never get away with treating an IRS audit the way that IRS officials have treated the congressional investigation.”
Unfortunately, Commissioner Koskinen, who took over in the wake of the IRS targeting scandal, has failed the American people by frustrating Congress’s attempts to ascertain the truth. A taxpayer would never get away with treating an IRS audit the way that IRS officials have treated the congressional investigation. Civil officers like Mr. Koskinen have historically been held to a higher standard than private citizens because they have fiduciary obligations to the public. The IRS and Mr. Koskinen have breached these basic fiduciary duties:
• Destruction of evidence. Lois Lerner, at the time the director of the IRS’s exempt-organizations unit, invoked the Fifth Amendment on May 22, 2013, when appearing before Congress; her refusal to testify put a premium on obtaining and reviewing her email communications. On the same day the IRS’s chief technology officer issued a preservation order that instructed IRS employees “not to destroy/wipe/reuse any of the existing backup tapes for email, or archiving of other information from IRS personal computers.”
“John Koskinen has violated the public trust, breached his fiduciary obligations and demonstrated his unfitness to serve. Mr. President, it’s time for Commissioner Koskinen to go. If you don’t act, we will.”
Several weeks later, on Aug. 2, the House Oversight Committee issued its first subpoena for IRS documents, including all of Ms. Lerner’s emails. On Feb. 2, 2014, Kate Duval, the IRS commissioner’s counsel, identified a gap in the Lerner emails that were being collected. Days later, Ms. Duval learned that the gap had been caused in 2011 when the hard drive of Ms. Lerner’s computer crashed.
Despite all this—an internal IRS preservation order, a congressional subpoena, and knowledge about Ms. Lerner’s hard-drive and email problems—the Treasury inspector general for tax administration discovered that the agency on March 4, 2014, erased 422 backup tapes containing as many as 24,000 emails. (Congress learned of the discovery only last month.)
Ms. Duval has since left the IRS and now works at the State Department, where she is responsible for vetting Hillary Clinton’s emails sought by congressional investigations of the Benghazi attacks.
• Failure to inform Congress. Mr. Koskinen was made aware of the problems associated with Ms. Lerner’s emails the same month Ms. Duval discovered the gap. Yet the IRS withheld the information from Congress for four months, until June 13, 2014, when the agency used a Friday news dump to admit—on page seven of the third attachment to a letter sent to the Senate Finance Committee—that it had lost many of Ms. Lerner’s emails.
During that four-month delay, Mr. Koskinen testified before Congress under oath four times. On March 26, 2014, he appeared before the Oversight Committee and pledged that the IRS would produce all of Ms. Lerner’s emails, not mentioning that the IRS already knew of the problems with her emails and hard drive. Mr. Koskinen deliberately kept Congress in the dark. Based on testimony received by the committee, we now know that the IRS appears to have spent the four months working with the Obama administration to fine-tune talking points to mitigate the fallout.
• False testimony before Congress. Mr. Koskinen made statements to Congress that were categorically false. Of the more than 1,000 computer backup tapes discovered by the IRS inspector general, approximately 700 hadn’t been erased and contained relevant information. But Mr. Koskinen testified he had “confirmed” that all of the tapes were unrecoverable.
He also said…(read more)
Mr. DeSantis (R., Fla.) is chairman of the House Oversight and Government Reform Subcommittee on National Security. Mr. Jordan (R., Ohio) is chairman of the Subcommittee on Health Care, Benefits and Administrative Rules.
- Chair Of Targeting Probe Calls For IRS Head To Be Fired (newsy.com)
- Internal Revenue Service Commissioner John Koskinen needs to go (punditfromanotherplanet.com)
- Palmer: IRS commissioner must go for misleading congress, allowing 24,000 emails to be destroyed (yellowhammernews.com)
- Judicial Watch: New Documents Reveal Doj, Irs, and Fbi Plan to Seek Criminal Charges of Obama Opponents (silveristhenew.com)
- Congress moves agency by agency to cut rights of feds, limit their pay, facilitate their dismissal (washingtonpost.com)
- Oversight Committee To Obama – Get Rid Of IRS Chief Or We Will (republicbroadcasting.org)
- Chaffetz to Obama: Fire the IRS Commissioner (legalinsurrection.com)
- Documents reveal depth of depravity of modern day American Leftists (thedaleygator.wordpress.com)
- Documents Reveal IRS, DOJ Wanted To Prosecute Obama Opponents (lonelyconservative.com)
- “We Need A Woman of Your Special Skills” (nationalreview.com)