New Documents Show Extensive Collaboration Between IRS, DOJ to Criminally Prosecute Conservative Groups

Katie Pavlich
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Posted: Jul 07, 2015 12:15 PM
New Documents Show Extensive Collaboration Between IRS, DOJ to Criminally Prosecute Conservative Groups

Last year emails revealed former IRS official Lois Lerner was in contact with the Department of Justice Criminal Division about criminally prosecuting conservative tea party groups for pursuing political activity (opposed to President Obama's agenda) by "posing" as non-profit organizations. 

Now, new documents obtained by government watchdog Judicial Watch through two different Freedom of Information Act lawsuits show extensive collaboration between the IRS and DOJ (and subsequently the FBI) to go after conservative groups with criminal charges. The IRS likely violated federal law by illegally sharing 1.25 million pages of taxpayer information with DOJ, which were contained on nearly two dozen FBI backup tapes. Further, information shows DOJ wanted IRS officials who were scheduled to testify in front of Congress about the targeting scandal to turn over planned remarks to them first before delivering on Capitol Hill. From JW:

Judicial Watch today released new Department of Justice (DOJ) and Internal Revenue Service (IRS) documents that include an official “DOJ Recap” report detailing an October 2010 meeting between Lois Lerner, DOJ officials and the FBI to plan for the possible criminal prosecution of targeted nonprofit organizations for alleged illegal political activity.

The newly obtained records also reveal that the Obama DOJ wanted IRS employees who were going to testify to Congress to turn over documents to the DOJ before giving them to Congress. Records also detail how the Obama IRS gave the FBI 21 computer disks, containing 1.25 million pages of confidential IRS returns from 113,000 nonprofit social 501(c)(4) welfare groups – or nearly every 501(c)(4) in the United States – as part of its prosecution effort. According to a letter from then-House Oversight Committee Chairman Darrell Issa (R-CA) to IRS Commissioner John Koskinen, “This revelation likely means that the IRS – including possibly Lois Lerner – violated federal tax law by transmitting this information to the Justice Department.”

But the IRS wasn't simply sending the DOJ information, Lerner herself was meeting with DOJ officials to discuss pursuing criminal charges. 

On October 8, 2010, Lois Lerner, Joe Urban [IRS Technical Advisor, TEGE], Judy Kindell [top aide to Lerner], Justin Lowe [Technical Advisor to the Commissioner of Tax-Exempt and Government Entities], and Siri Buller met with the section chief and other attorneys from the Department of Justice Criminal Division’s Public Integrity Section, and one representative from the FBI, to discuss recent attention to the political activity of exempt organizations.

The section’s attorneys expressed concern that certain section 501(c) organizations are actually political committees “posing” as if they are not subject to FEC law, and therefore may be subject to criminal liability. The attorneys mentioned several possible theories to bring criminal charges under FEC law

Keep in mind Lerner previously and essentially stated in an email that at least one conservative group needed to be made a public example with prosecution. 

"One IRS prosecution would make an impact and they wouldn't feel so comfortable doing the stuff," Lerner said in a 2013 email.

The goal was to stop the flow of other conservative non-profits, opposed to President Obama's agenda, from applying for tax exempt status and therefore becoming more effective.

“These new documents show that the Obama IRS scandal is also an Obama DOJ and FBI scandal,” Judicial Watch President Tom Fitton said in a statement. “The FBI and Justice Department worked with Lois Lerner and the IRS to concoct some reason to put President Obama’s opponents in jail before his reelection. And this abuse resulted in the FBI’s illegally obtaining confidential taxpayer information. How can the Justice Department and FBI investigate the very scandal in which they are implicated?”

It's no wonder Lerner's hard drive magically "crashed," "losing" thousands of emails sent and received during the time period when she was meeting with DOJ to pursue prosecution of American citizens exercising their constitutional right to free speech.