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Accountability Needed for IRS Abuse

Today the U.S. House of Representatives passed legislation supported by Congressman Bill Posey (H.R. 3865, the Stop Targeting of Political Beliefs by the IRS Act) to prevent the IRS from implementing newly proposed rules to restrict the First Amendment rights of certain non-profit groups. Below is Congressman Posey’s statement in support of H.R. 3865:

“Today the House will vote on H.R. 3865 the Stop Targeting of Political Beliefs by the IRS Act, legislation to prevent the IRS from implementing newly proposed rules to restrict the First Amendment rights of certain non-profit groups. This legislation is an important step in holding the IRS accountable for its illegal targeting of conservative organizations in the run-up to the 2012 election.

“Last year it was revealed by the Treasury Inspector General for Tax Administration that the IRS used inappropriate criteria to review organizations applying for tax-exempt status based upon their names and policy positions. Now the IRS wants to rewrite the rules to justify its inappropriate and likely criminal behavior. Congress should not let the IRS take ANY regulatory action until wrong-doers within the IRS are held accountable.

“In April, top IRS official Lois Lerner revealed in a public forum that the agency had been discriminating against more than 75 groups with conservative sounding names in the run-up to November 2012. Ms. Lerner actually went so far as to plant a question in the audience about the issue in order to pre-empt the release of the Inspector General’s audit.

“When all this became public, Members of the Administration including the President and the Attorney General expressed their outrage and called it unacceptable. The Attorney General even went so far as to declare his intent to conduct a criminal investigation.

“Furthermore, it’s clear from testimony given during the various Congressional hearings over the years and correspondence with the IRS that officials there were not telling Members of Congress the truth. In March of 2012 – a year before this story broke – then-IRS Commissioner Douglas Shulman assured Congress: ‘there is no targeting of conservative groups.’ On April 23, 2012, I joined with 62 of my House colleagues in writing the IRS Commissioner inquiring further about the possible targeting and we were assured that there was no targeting or delay in processing IRS applications submitted by conservative groups.

“Ms. Lerner, a longtime federal employee and senior IRS official, has since asserted her Fifth Amendment Constitutional right by refusing to testify before Congress and tell the American people exactly what the IRS was doing and who had ordered these discriminatory actions.

“To make matters worse, it was further revealed that IRS employees released confidential donor information and even private taxpayer records. Disclosing confidential taxpayer information is one of the worst things an IRS employee can do – it’s a felony, punishable with a $5,000 fine and up to 5 years in prison. In fact, the Treasury Inspector General noted at least eight instances of unauthorized access to records, with at least one willful violation.

“These are serious abuses but to date, not a single IRS employee has been indicted. The FBI has refused to file criminal charges. The Washington Post has reported that the investigation into this scandal is being led by Barbara Bosserman, a partisan who ‘donated a combined $6,750 to President Obama’s elections and the Democratic National Committee between 2004 and 2012.’ Furthermore, she does not serve in the Public Integrity Section that typically oversees these matters, but rather the Civil Rights Division, historically the most partisan office at the Department of Justice.

“This week I am joined by nearly fifty of my House colleagues in writing to the Attorney General demanding the appointment of an independent special prosecutor to investigate the IRS’s illegal targeting of conservative groups. Only an independent investigator who is not aligned with either political party will have the credibility to get to the bottom of this matter and hold wrong-doers accountable – whoever they may be.

“I have also introduced H.R. 3762 which would hold federal employees at the IRS personally accountable when they release private taxpayer information. Under this bill, individuals whose private information is released would have a personal right of action against the employee rather than simply hoping that the Department of Justice will take action.”

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