Tipsheet

House Republicans Demand Answers on IRS Whistleblower Retaliation

Rebecca Downs
Rebecca Downs  |  November 01, 2024 2:45 PM

The saga of IRS whistleblowers, Supervisory Special Agent Gary Shapley and Special Agent Joseph Ziegler, remains in the news after all this time. On Friday, the Republican chairman of three House Committees--Rep. James Comer (R-KY) of Oversight and Accountability, Rep. Jim Jordan (R-OH) Judiciary, and Rep. Jason Smith (R-MO) of Ways and Means--sent a letter to Karen Gorman, the Acting Principal Deputy Special Counsel of the U.S. Office of Special Counsel, regarding alleged retaliation against IRS whistleblowers. Their letters comes in response to what the chairmen are referring to as a "stunning development," as Shapley's attorneys have come out with quite the update.

As Jennifer Van Laar covered at our sister site of RedState, Shapley dared to speak with Catherine Herridge, a journalist formerly with CBS News. As she mentioned about the IRS, "the agency knew that Herridge was interviewing Shapley and Ziegler and when the interview would drop because Herridge's team reached out to the IRS with 8 questions and a request for comment and they didn't reply." Less than an hour after their interview, Tristan Leavitt of Empower Oversight shared over X that retaliation was taken against his client. He was given a choice to accept a demotion or resign. 

"In a stunning development, SSA Shapley’s attorney recently revealed that approximately one hour after an investigative journalist released an interview with the Whistleblowers in which they discussed damaging evidence of the IRS’s disparate treatment of U.S. taxpayers, the IRS issued SSA Shapley a 15-day notice to either accept a demotion or resign. Because of this shocking potential additional prohibited personnel action taken against SSA Shapley and the urgency of the matter, the Committees request (1) a prompt update on OSC’s investigation into the Whistleblowers’ allegations, and (2) for OSC to use its lawful authority to seek an immediate stay at the U.S. Merit Systems Protection Board (the Board) pausing the IRS’s latest threatening action," the chairmen mentioned in their letter.

"As this case has rightfully garnered significant public attention, OSC must show the whistleblower community that OSC will take appropriate and immediate action to stand up for whistleblowers," the chairmen go on to write in their letter to Gorman.

"On October 29, 2024, SSA Shapley and SA Ziegler sat down with an investigative journalist for an interview to discuss their disclosures to Congress and how their lives have been affected by making those disclosures," the letter also mentioned, underscoring how quickly the IRS moves in going after their own. 

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During his interview, as the chairmen's letter highlighted, Shapley stated, "The IRS just has a smothering blanket on me. [They’re] hoping that I quit, that they find some way to terminate me. Or they probably hope that I commit suicide or something."

The chairmen refer to such a memo that Shapley received as "egregious," making clear that "OSC must take immediate steps to pause this action while it examines the IRS’s decision."

One particularly outrageous part of that Van Laar highlighted has the audacity to refer to "diversity of thought," as the opening reads in part:

...development of future leaders is paramount to the continued growth, success, and sustainability of our organization. In an ongoing effort to successfully meet our organizational and operational challenges, national exposure will be required through career progression and movement throughout Field Office and Headquarters' positions. The mobility of our leaders will showcase diversity of thought, breadth of experience, and technical and interpersonal expertise for a successful future.

Shapley's final term date as an SSA will expire on April 29, 2025, and he will be reassigned to CI Headquarters in Washington, D.C., as a Senior Analyst effective for the pay period beginning May 4, 2025. 

The letter also reminds that "OSC has the express authority to seek a stay at the board" under 5 U.S. Code § 1214. "Given the IRS’s actions and the timeline they provided SSA Shapley, his case must be considered for an immediate stay at the Board. Further, because SSA Shapley’s and SA Ziegler’s cases have continued for almost 17 months with no findings from  OSC, the Committees request a comprehensive briefing," the letter continues.