TaxProf Blog

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

Wednesday, January 28, 2015

The IRS Scandal, Day 629

IRS Logo 2Power Line, Sharyl Attkisson to Testify on Lynch Confirmation, But Why?:

Loretta Lynch, President Obama’s nominee for Attorney General, will testify tomorrow before the Senate Judiciary Committee. It should be an interesting day. ... Its witness list includes Sharyl Attkisson and Catherine Engelbrecht. Both have grievances against the Obama administration. Attkisson says the Justice Department hacked her electronic devices when she was investigating “Fast and Furious.” Engelbrecht says the administration unfairly targeted her group, True the Vote. Both have filed lawsuits. Engelbrecht’s has been dismissed.

Both sets of grievances should be taken seriously, but I don’t understand how they materially bear on Lynch’s confirmation. The problems with the Holder Justice Department extend far beyond the particular concerns of Attkisson and Engelbrecht. Republican members presumably take it as a given that if they can expect a repeat performance under Lynch, then she is not a suitable replacement.

The key, then, is not to attack Holder but to test the extent to which Lynch professes allegiance to his policies. Whatever her private views, Lynch will not endorse, as a general matter, hacking journalists’ computers or having the IRS target conservative advocacy groups.

The Hill, Stonewalled author Attkisson to Testify on Obama’s AG Nominee:

Also testifying will be Catherine Engelbrecht, the founder of the Tea Party-aligned True the Vote, which was unfairly targeted by the IRS, she has said, when it attempted to seek tax-exempt status. ...

The inclusion of Attkisson and Engelbrecht points to a fiery hearing that could turn into a referendum on Holder's time at the helm of the Justice Department. Conservatives accused Holder of politicizing his post to help Obama, and have pointed to the alleged hacking of Attkisson’s devices and the IRS’s targeting of conservative groups as evidence

Newsmax, The Hill: Sharyl Attkisson to Testify at AG Nominee Hearing:

Catherine Engelbrecht, the founder of the tea party-aligned True the Vote, will also be testifying, according to The Hill, which noted that the group had claimed in a lawsuit that it was unreasonably targeted by the IRS when it attempted to seek tax-exempt status.

A federal judge threw out the case against the government brought by Engelbrecht and other conservative groups last October. The proposed testimony of Attkisson and Engelbrecht suggests that the hearing could turn into a contentious affair with the GOP and Democrats battling over Holder's term in charge of the Justice Department.

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