JW Obtains IRS Documents Showing Lerner in Contact With DOJ about Potential Prosecution of Tax-Exempt Groups.

JW Obtains IRS Documents Showing Lerner in Contact With DOJ about Potential Prosecution of Tax-Exempt Groups.HT: JudicialWatch.

May 9, 2013, email reveals IRS plans to meet with Department of Justice over whether to prosecute groups that “lied” about plans for political activity 

(Washington, DC) – Judicial Watch today released a new batch of internal IRS documents revealing that former IRS official Lois Lerner communicated with the Department of Justice (DOJ) about whether it was possible to criminally prosecute certain tax-exempt entities. The documents were obtained as a result of an October 2013 Judicial Watch Freedom of Information Act (FOIA) lawsuit filed against the Internal Revenue Service (IRS) after the agency refused to respond to four FOIA requests dating back to May 2013.
The newly released IRS documents contain an email exchange between Lerner and Nikole C. Flax, then-Chief of Staff to then-Acting IRS Commissioner Steven T. Miller discussing plans to work with the DOJ  to prosecute nonprofit groups that “lied” (Lerner’s quotation marks) about political activities. The exchange includes the following:

• May 8, 2013: Lerner to Flax

I got a call today from Richard Pilger Director Elections Crimes Branch at DOJ … He wanted to know who at IRS the DOJ folk s [sic] could talk to about Sen. Whitehouse idea at the hearing that DOJ could piece together false statement cases about applicants who “lied” on their 1024s –saying they weren’t planning on doing political activity, and then turning around and making large visible political expenditures. DOJ is feeling like it needs to respond, but want to talk to the right folks at IRS to see whether there are impediments from our side and what, if any damage this might do to IRS programs.

I told him that sounded like we might need several folks from IRS…

• May 9, 2013: Flax to Lerner

I think we should do it – also need to include CI [Criminal Investigation Division], which we can help coordinate. Also, we need to reach out to FEC. Does it make sense to consider including them in this or keep it separate?

Lerner then “handed off” scheduling the issue to Senior Technical Adviser, Attorney Nancy Marks, who was then supposed to set up the meeting with the DOJ.  Lerner also decided that it would be DOJ’s decision as to whether representatives from the Federal Election Commission would attend.

“These new emails show that the day before she broke the news of the IRS scandal, Lois Lerner was talking to a top Obama Justice Department official about whether the DOJ could prosecute the very same organizations that the IRS had already improperly targeted,” said Judicial Watch President Tom Fitton.

“The IRS emails show Eric Holder’s Department of Justice is now implicated and conflicted in the IRS scandal.  No wonder we had to sue in federal court to get these documents.”Read the full story here.