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Paul L. Caron
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Sunday, March 9, 2014

The IRS Scandal, Day 304

IRS Logo 2Washington Post op-ed:  The IRS’s Behavior Taxes Credulity, by George F. Will:

What’s been said of confession — that it is good for one’s soul but bad for one’s reputation — can also be true of testifying to Congress, so Lois Lerner has chosen to stay silent. Hers, however, is an eloquent silence.

The most intrusive and potentially most punitive federal agency has been politicized; the IRS has become an appendage of Barack Obama’s party. Furthermore, congruent with exhortations from some congressional Democrats, it is intensifying its efforts to suffocate groups critical of progressives, by delaying what once was the swift, routine granting of tax-exempt status.

So, the IRS, far from repenting of its abusive behavior, is trying to codify the abuses. It hopes to nullify with new rules the existing legal right of 501(c)(4) groups, many of which are conservative, to participate in politics. The proposed rules have drawn more than 140,000 comments, most of them complaints, some from liberals wary of IRS attempts to broadly define “candidate-related political activity” and to narrow the permissible amount of this.

Lerner is, so far, the face of this use of government to punish political adversaries. She knows what her IRS unit did and how it intersects with the law, and for a second time she has exercised her constitutional right to remain silent rather than risk self-incrimination. The public has a right to make reasonable inferences from her behavior.

And from Obama’s. After calling the IRS behavior “outrageous,” he now says there is not a “smidgen” of evidence of anything to be outraged about. He knows this even though the supposed investigation of the IRS behavior has not been completed, or perhaps even begun. The person he chose to investigate his administration is an administration employee and a generous donor to his campaigns.

Obama breezily says there was nothing more sinister than “boneheaded decisions” by wayward and anonymous IRS underlings. Certainly boneheadedness explains much about this administration. Still, does he consider it interesting that the consequences of IRS boneheadedness were not randomly distributed but thwarted conservatives? ...

There almost certainly are people, above her and beyond the IRS, who initiated or approved the IRS’s punitive targeting of conservative groups and who hope Lerner’s history of aggressive partisanship will cause investigators to conclude that she is as high as responsibility for the targeting rises. Those people should hire criminal defense attorneys.

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