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SMIDGEN REPORT: Feds Won’t Release IRS Documents Shared with White House

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Douglas Ernst reports: The federal government will not disclose thousands of documents sought by an IRS watchdog that may prove that taxpayer data was improperly shared with the White House.

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[Also see “Improper Disclosure” – The Daily Caller]

The nonprofit Cause of Action filed a lawsuit against the federal government when its Freedom of Information Act requests were O-SMDGE-CONDENSEDstonewalled roughly two years ago. A judge agreed with the organization and ordered the Treasury Inspector General for Tax Administration (TIGTA) to honor the request for transparency.

An attorney with TIGTA wrote Cause of Action on Tuesday and informed the organization of “2,509 pages of documents potentially responsive to your request,” Fox News reported Wednesday. Of those documents, 2,043 were in fact responsive to the organization’s request. Read the rest of this entry »

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SMIDGEN REPORT: Memo Reveals Senator Jeanne Shaheen Conspired With Lois Lerner

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The memo, obtained by The DC, briefed Jeanne Shaheen about a coordinated IRS-Treasury Department plot to target political activity by nonprofit 501(c)(4) groups. The plot was operating out of Lois Lerner’s Tax Exempt Government Entities Division. 

Patrick Howley reports: Democratic New Hampshire Sen. Jeanne Shaheen was principally involved in a plot with Lois Lerner and President Barack Obama’s political appointee at the IRS to lead a program of harassment against conservative nonprofit groups during the 2012 election, according to letters exclusively obtained by The Daily Caller.

“Shaheen got the inside info from the IRS, making it clear she was the point person in a group composed of six close Democratic colleagues…who joined with Shaheen in quietly writing a letter to then-IRS commissioner Doug Shulman expressing their concern about new nonprofit groups engaging in political activity…”

The Internal Revenue Service (IRS) did not want to publicly release 2012 correspondences exchanged between the IRS and Jeanne Shaheen at her personal Washington office: the agency delayed releasing the information to a major O-SMDGE-CONDENSEDconservative super PAC multiple times, even threatening to see the super PAC in court, according to emails.

“I hope this information is helpful. I am sending a similar response to your colleagues. If you have questions, please contact me or have your staff contact Cathy Barre…”

“The IRS is aware of the current public interest in this issue,” IRS chief counsel William J. Wilkins, a White House visitor described by insiders as “The President’s Man at the IRS,” personally wrote in a lerner-mrchand-stamped memo to “Senator Shaheen” on official Department of the Treasury letterhead on April 25, 2012.

The memo, obtained by The DC, briefed the Democratic senator about a coordinated IRS-Treasury Department plot to target political activity by nonprofit 501(c)(4) groups. The plot was operating out of Lois Lerner’s Tax Exempt Government Entities Division.

“These regulations have been in place since 1959,” Wilkins wrote. “We will consider proposed changes in this area as we work with Tax-Exempt and Government Entities and the Treasury Department’s Office of Tax Policy to identify tax issues that should be addressed” in designing new regulations and “guidance.” Read the rest of this entry »


Judge: IRS Free Speech Suppression A-OKAY

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IRS’s Harassment of Citizen Groups to Chill Opposition, Protect Incumbent Party, and Influence Presidential Election Outcome Approved by Federal Judge

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The IRS notched a major legal victory Thursday after a federal judge dismissed lawsuits brought by more than 40 conservative groups seeking remedies for being singled out in the tea party targeting scandal.IRS_logo

“[T]he Court is satisfied that there is no reasonable expectation that the alleged conduct will recur, as the defendants have not only suspended the conduct, but have also taken remedial measures to ensure that the conduct is not repeated.”

Judge Reggie Walton of the U.S. District Court of the District of Columbia threw out almost all counts brought against the tax-O-SMDGE-CONDENSEDcollecting agency in two cases, ruling that both were essentially moot now that the IRS granted the groups their tax-exempt status that had been held up for years

Translation: “They promised not to do it anymore, so it’s okay”

The decisions have major implications for tea party groups suing the IRS over the issue. It appears they have a tough case to make because the IRS, since the controversy broke in 2013, has approved most tea party groups’ applications, which, according to Walton, keeps the court from hearing their cases.

“After the plaintiff initiated this case, its application to the IRS for tax-exempt status was approved by the IRS. The allegedly unconstitutional governmental conduct, which delayed the processing of the plaintiff’s tax exempt application and brought about this litigation, is no longer impacting the plaintiff,” Walton said in his decision to throw out True the Vote’s lawsuit against the IRS.

“The judge, appointed by Republican President George W. Bush, also said the groups couldn’t receive monetary relief from individual IRS officials, such as ex-IRS official Lois Lerner, because of the ‘chilling effect’ it would have on tax administration.”

(Chilling political speech of opposition groups is okay, but risking a potential chilling effect on the IRS? No! We can’t have that!)

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His reasoning was similar in the second case, where 41 conservative groups banded together to sue the IRS for similar misconduct: “[T]he allegedly unconstitutional governmental conduct … is no longer impacting the plaintiffs. … Counts … are therefore moot.”

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The judge, appointed by Republican President George W. Bush, also said the groups couldn’t receive monetary relief from individual IRS officials, such as ex-IRS official Lois Lerner, because of the chilling effect it would have on tax administration.

The same judge in August rejected True the Vote’s bid for a court-appointed forensics expert to hunt Lerner’s lost emails, another blow to conservatives seeking outside experts to take the lead on the IRS investigation. Two years’ worth of the former head of the tax-exempt division’s emails were erased in a hard drive crash in 2011, the IRS says. Read the rest of this entry »


SMIDGEN REPORT: Cry us a river, Lois Lerner

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Everyone in Washington has a P.R. machine, or at minimum, an agenda. That’s certainly the case with Lois Lerner, the former IRS executive whose division targeted conservative nonprofit applicants with delays and harassment.

“Lerner is willing to testify only in the news media, where the whole truth is not required and irrelevant information can be shared to make her seem less unsympathetic.”

Lerner’s division of the IRS systematically obstructed and denied status to Tea Party groups while subjecting many of the smallest ones — those most vulnerable and least likely to be lawyered up — to inappropriate demands for information that was not legally required. In one case, this included the content of the opening prayer recited in meetings, and in others, this IRS Inquisition demanded that leaders of certain groups pledge never to run for office.O-SMDGE-CONDENSED

Lerner is out of that business now, and on to a new campaign. This campaign, in which she has enlisted friends and former colleagues, aims to tell the side of the story that she has refused to give Congress under oath.

The resulting Politico piece includes — this is no joke — the revelations that she once baked brownies for colleagues and that she loves dogs. How delightful for her and the dogs! But so what? Lerner cited the Fifth Amendment and refused to answer questions about her involvement in this scandal. The reason for doing that is that she believes her answers could facilitate a criminal prosecution against her. The mysterious destruction of evidence in this case strongly suggests she is right to worry about that. So does her concerned email inquiry to government IT workers as to whether her instant messages with colleagues could ever be obtained by congressional investigators. Read the rest of this entry »


Spoken Like a True Democratic Campaign Operative: Lois Lerner’s Potty Mouth Slur

Lerner as she takes her seat before a House Oversight and Government Reform Committee hearing on Capitol Hill in Washington

Lois Lerner Called Conservatives ‘Assholes,’ Fantasized About Working At Obama Group

For  The Daily Caller, Chuck Ross reports: New emails released by the House Ways and Means Committee on Wednesday provide more evidence that ex-IRS official Lois Lerner is not fond of conservatives.

“Well, you should hear the whacko wing of the GOP. 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’s unnamed email correspondentsmdg-tv2

“So we don’t need to worry about teRroists [sic]. It’s our own crazies that will take us down,” Lerner wrote in a Nov. 9, 2012 email exchange with an IRS colleague.

Ways and Means Committee chairman Dave Camp revealed the emails in a letter to Attorney General Eric Holder.

Lerner’s disdain for the right is central to an investigation into whether she targeted conservative groups who were seeking tax-exempt status. Republicans have accused the former director of the IRS’s exempt organizations division of possible criminal wrongdoing in targeting the groups.

“Great. Maybe we are through if there are that many assholes.”

— Lois Lerner

“This email shows that Ms. Lerner’s mistreatment of conservative groups was driven by her personal hostility toward conservatives,” Camp wrote. Read the rest of this entry »


[VIDEO] Geraghty: Apparently Lois Lerner Is ‘One-Woman Walking Electromagnetic Pulse’

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SMIDGEN REPORT: Andrew C. McCarthy’s ‘My So-Called Independent Counsel’

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Don’t hand the IRS investigation over to a special prosecutor.

Andrew C. McCarthy writes: 

“Let’s talk reality. As a matter of constitutional law, there is no such thing as an independent counsel. In our system, prosecution is a plenary executive power. All federal investigations and prosecutions proceed under the authority of the president; neither the Congress nor the courts have police powers. Any prosecutor, regardless of how “independent” we’d like him to be, would have to serve at the pleasure of the president, and would report to Eric Holder…” 

(read moreNational Review Online