TaxProf Blog

Editor: Paul L. Caron
Pepperdine University School of Law

Monday, October 26, 2015

The IRS Scandal, Day 900

IRS Logo 2Atlanta Journal-Constitution, With IRS Decision, Another Favorite GOP Myth Crumbles Into Dust, by Jay Bookman:

Once again, the Republican response is to brush aside that contradiction as just further evidence of the dark forces that conspire against them. Once again, facts be damned, they refuse to even entertain the notion that their collective mythology might be wrong.

The latest example — coming the same week that the Benghazi story exploded on them — is the decision by the Justice Department not to file charges against former IRS official Lois Lerner, whom conservatives had long ago identified as the perpetrator of a White House-orchestrated plot to use the agency to punish its political enemies. In a letter explaining its findings, the Justice Department said it had indeed found “substantial evidence of mismanagement, poor judgment and institutional inertia” at the agency, all of which had been previously documented.

However, it uncovered “no evidence that any IRS official acted based on political, discriminatory, corrupt, or other inappropriate motives that would support a criminal prosecution. We also found no evidence that any official involved in the handling of tax-exempt applications or IRS leadership attempted to obstruct justice.”

Note the definitive nature of that statement. They found NO evidence. Not insufficient evidence for a prosecution, but NO evidence. After conducting more than 100 interviews over a two-year period, including extensive interviews with Lerner, and after perusing more than a million IRS documents and almost 500 non-profit applications, NO evidence of any criminal wrongdoing or malign intent.

Period.

http://taxprof.typepad.com/taxprof_blog/2015/10/the-irs-scandal-day-900.html

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Comments

So there should be no issue in having Lerner quit hiding behind the 5th Amendment now.

Or do we need an independent prosecutor to look into it, since the DOJ seems incapable of doing anything without raising the suspicion that they are acting solely out of political expediency?

Posted by: ruralcounsel | Oct 26, 2015 4:38:34 AM

Good point Mr. Ruralcounsel. Given DOJ’s determination not to file charges, there should be no practical, legal, or political reason the House Oversight Committee should not immediately grant immunity to Lerner and compel her testimony.

Posted by: Publius Novus | Oct 26, 2015 7:16:54 AM

I am nauseated by the RINOs ability to conspire with the Left against Conservatives.

Posted by: DJ | Oct 26, 2015 7:51:44 AM

All this hack at the Atlanta "Urinal-Consitution" does is remind us that, for liberals in general and Democrats in particular, lying up to and including felony perjury is something that is publicly admired and celebrated. As was demonstrated so comprehensively during Bill Clinton's impeachment proceedings.

Posted by: Andrew Russell | Oct 26, 2015 8:27:23 AM

Notice that Lerner invoked the fifth but then testified for the sham Obama DOJ "investigation".

Posted by: wodun | Oct 26, 2015 12:46:52 PM

Mr. wodun: What were the specific deficiencies of the DOJ investigation? And how would you know?

Posted by: Publius Novus | Oct 28, 2015 6:27:21 AM

Mr. Russell: I was not aware that Iran-Contra was perpetrated by Democrats.

Posted by: Publius Novus | Oct 28, 2015 6:28:39 AM