The IRS's Best Friend in Congress
Rep. Elijah Cummings ......................
Says The House Investigation Is A 'Witch Hunt'
Yet revealing evidence keeps coming.
The Wall Street Journal By ELIANA JOHNSON June 23, 2013
Excerpt:
The House Oversight Committee's investigation into the Internal Revenue Service's discrimination against conservative groups continues—but at least one unenthusiastic member seems to think the committee's work is done.
Over the objections of Chairman Darrell Issa (R., Calif.), Rep. Elijah Cummings (D., Md.) last week released online the full, 205-page transcript of an interview that committee investigators conducted with an IRS employee in Cincinnati named John Shafer. Mr. Cummings explained that he was compelled to release the Shafer transcript because it explodes Mr. Issa's "conspiracy theories"—chiefly, that the White House played a role in the targeting of conservative groups, and that it was orchestrated out of IRS headquarters in Washington, D.C. In fact, Mr. Issa has never said the former, and much that is known so far about the IRS scandal suggests that the Washington connection is substantial.
Mr. Cummings's enthusiasm for defending the IRS may make him a lonely figure among the 22 Republicans and 16 Democrats on the House Oversight Committee, but he is likely to find an ally in his chief counsel on the committee. She is Susanne Sachsman Grooms, who worked for the IRS between 2008 and 2011 as an adviser to the deputy commissioner for services and enforcement and then as a senior counselor to the chief of criminal investigations. At the time, the deputy commissioner for services and enforcement—her boss—was none other than Steven Miller, who held the post of IRS commissioner from November 2012 until his resignation in May after the scandal broke. Mr. Cummings also has a strong tie to the Obama administration: His staff director on the Oversight Committee, David Rapallo, is a former White House lawyer.
The release of the Shafer transcript came after a June 12 interview with Politico in which Mr. Cummings labeled the Oversight Committee's investigation a "witch hunt"—in other words, something that should end immediately. A few days before that, in a June 9 CNN interview, he said, "The IG made some recommendations, those recommendations are being adopted by the IRS . . . I think we're in great shape."
As it happens, the revelation of Mr. Shafer's testimony isn't likely to discourage the investigation.
Mr. Shafer, the manager of an IRS screening group in the Cincinnati office, told committee investigators that in February 2010 one of his employees brought a tea-party application for nonprofit designation to his attention.
Given the media coverage that the tea party was receiving, Mr. Shafer deemed the application a "high profile" matter and alerted his managers to its existence. Shortly thereafter, according to his testimony, lawyers in the IRS's Washington, D.C., office said, "We want to look at the case." On the evidence of the Washington office's interest in that initial case, Mr. Shafer said IRS agents in Cincinnati then held the applications of tea-party groups until they were given "further direction" from D.C.
Case closed, according to Mr. Cummings, who wrote in a letter to Mr. Issa: "These statements by the screening group manager appear to directly contradict your allegations of political motivation."
If Mr. Shafer or Mr. Cummings could read the minds of IRS officials in Washington, that might be true. In reality, Mr. Shafer was unable to say why officials in Washington were so interested in the tea-party cases or whether the officials' interest was politically motivated.
"Did you have an understanding at the time about what the reason was for sending the cases [to Washington] for review?" investigators asked him. "No," he responded. They pressed further. "Do you have personal knowledge of the motivations of Washington and how they worked the tea party cases?" "I do not," Mr. Shafer said.
The testimony offered by other Cincinnati IRS employees—which I have reviewed in full, un-redacted form—contradicts Mr. Cummings's claims and those of Obama administration officials, such as White House Press Secretary Jay Carney, who has pointed the finger at "line employees" in Cincinnati. The IRS interviews suggest that the agency's officials in Washington closely controlled the review of tea-party cases.
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