IRS scandal is a violation of Americans’ trust

U.S. Rep. Marsha Blackburn

It is with a heavy heart and disappointment that I write this. In May 2013, we confirmed the IRS was targeting conservative nonprofit groups. We were originally told this was the work of two rogue employees in Cincinnati. However, as Congress and others have worked to peel back the layers, we learned this activity originated in Washington, D.C., and involved coordination between multiple agencies.

In addition, a senior Internal Revenue Service official has twice stood before Congress and invoked the Fifth Amendment. IRS Commissioner John Koskinen has stated that House Oversight and Government Reform Committee Chairman Darrell Issa’s investigation would produce “a lot of irrelevant, vast volumes of material.” Last week, Koskinen testified that the IRS lost volumes of Lois Lerner’s emails and that the hard drive to her computer had been “destroyed.” Given these facts, I believe a special counsel should be appointed.

The power for appointing a special counsel rests with the U.S. attorney general. First, a “criminal investigation” must be “warranted.” Second, the prosecution would raise a “conflict of interest” for the Department of Justice. Third, the “public interest” is best served by the appointment of a special counsel.

While Lerner has every right to plead the Fifth, Congress is not a court of law and we have every right to speculate about her reasons for doing so. Silence can be deafening.

Recently, it was revealed that Lerner sent an email titled “DOJ Call” on May 8, 2013, to Nikole Flax, chief of staff to acting IRS Commissioner Steven Miller at the time. Lerner advised that she received a call that day from Richard Pilger, director of the election crimes branch at the Department of Justice. Pilger inquired how DOJ could work with the IRS to construct criminal cases against nonprofits they believed were engaged in political activity.

Lerner had already clarified that conservative nonprofits were being targeted when she wrote “Tea Party Matter very dangerous” in a Feb. 1, 2011, email. Pilger told her “DOJ is feeling like it needs to respond” to a “Senator Whitehouse idea” raised at a congressional hearing. Pilger’s actions are troubling. They suggest the existence of a coordinated effort between the IRS and Department of Justice to criminally prosecute conservative groups. This presents a serious conflict of interest. Attorney General Eric Holder should recuse himself out of an abundance of caution.

I believe the public interest would be well served by appointment of a special counsel. The pile of evidence suggesting that conservative organizations were unfairly targeted has left a cloud of corruption hovering over the IRS. People have always feared the IRS. It has access to sensitive financial information of millions of Americans and the authority to enforce its mandate through audits and the seizure of taxpayer money. Also, Koskinen’s comments suggest that he will not seriously comply with congressional subpoenas.

http://www.tennessean.com/story/opinion/2014/06/25/irs-scandal-violation-americans-trust/11321745/