TaxProf Blog

Editor: Paul L. Caron, Dean
Pepperdine University School of Law

Tuesday, November 3, 2015

The IRS Scandal, Day 908

IRS Logo 2Ted Cruz (Chair, Subcommittee on Oversight, Agency Action, Federal Rights and Federal Courts, Senate Judiciary Committee) Press Release, Sen. Cruz Asks DOJ to Preserve All IRS-Related Documents:

Today, U.S. Sen. Ted Cruz (R-Texas) sent a letter to Attorney General Loretta Lynch requesting that the Department of Justice (DOJ) preserve all Internal Revenue Service (IRS) documents and information for investigation under the next administration. Sen. Cruz’s letter comes after the DOJ recently closed its investigation into improper targeting of conservative groups by the IRS.

“Make no mistake: the IRS’s targeting of ordinary citizens for their political viewpoints under this Administration is not a minor issue, and represents a significant breach of the public trust.  Even a casual observer of the IRS targeting scandal could not help but come to the conclusion that there is a strong appearance that the IRS, under this Administration’s political leadership, used the coercive tools available to the tax collection agency to harass people with conservative viewpoints,” Sen. Cruz wrote. “It is important for you and other officials in this Administration to understand that this Administration’s decisions to neither continue this investigation nor appoint a special prosecutor do not represent the conclusion of this matter.”

http://taxprof.typepad.com/taxprof_blog/2015/11/the-irs-scandal-day-908.html

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Comments

A preservation order is a good idea. What legal force does this have? If the next President discovers that it has been violated by person X, what happens to person X?

Posted by: Eric Rasmusen | Nov 3, 2015 5:36:51 AM

Nothing. U.S. senators have no executive powers. You can read it. It's in the Constitution. Under existing DOJ document retention rules, the files of investigations are preserved, with the exception of exhibits (real, demos, documentary) obtained from client agencies and third parties. Exhibits are returned to their custodians when the files are closed.

Posted by: Publius Novus | Nov 3, 2015 8:31:02 AM

They would have had to run an investigation in order to preserve evidence but I am sure the shredders are running 24/7 regardless.

The only thing I wonder about is whether or not environmentally sustainable methods of destruction are being used but since everything about the Obama administration is a farce designed to fool useful idiots, we can be assured that the environment isn't a concern.

Posted by: wodun | Nov 3, 2015 9:28:08 AM

If we had a decent, even handed MSM who reported this story with the vigor they had when they went after Bush, there would have been a special prosecutor appointed. Lerner and her pals would be under indictment and looking at serious jail time. One or more of them would have broken and tied the White House into this conspiracy. Thus the media wants nothing to do with this investigation. And that is a great shame. There's not even a pretense of objectivity any longer in the MSM.

Posted by: VoteOutIncumbents | Nov 3, 2015 9:49:53 AM

"Lerner and her pals would be under indictment . . ." For exactly what, pray tell?

Posted by: Publius Novus | Nov 4, 2015 7:47:39 AM