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The Washington Times has the story on this new information being admitted to by the IRS — Lois Lerner used another separate personal email account with an alias, “Toby Miles”, to conduct professional business. This now makes three email accounts used by Lerner, the other two being her work email and another personal email that was previously known.
After all this time, to only now come clean about a third email account is egregious. The IRS lawyer, Geoffrey Klimas, tried to deflect the situation by arguing “that the IRS had previously hinted there may be other personal email accounts, pointing back to a footnote in a letter attached to a June 27, 2014, brief that mentioned “documents located on her personal home computer and email on her personal email account.”
However, that wording was also altered on Monday — evidencing backtracking and cover-up — referring now to her ‘personal home computer and email on her personal email’ account(s).” So the IRS deliberately retained the information the Lerner had a second personal email account, by which she used an alias. The alias, by the way, is her dog’s name.
The Times also reports that “Curiously, the Ways and Means Committee criminal referral mentioned the Toby Miles email address, identified as tobomatic@msn.com. The address came to light because it was included on an email that also hadMs. Lerner’s official account on the chain of recipients….at the time of the referral in April 2014, the committee linked the Toby Miles address to Ms. Lerner’s husband, Michael R. Miles, but said, “The source of the name ‘Toby‘ is not known.”
At no time did Lerner, or anyone else at the IRS, admit that the “Toby Miles” email account belonged instead to Lois Lerner. Nor has that email address been searched.
Lerner, of course is not the first, or second, or third administration member to use extra or secret email accounts, with or without aliases. Former Secretary of State Hillary Rodham Clinton and her top aides, the White House’s top science adviser, top Environmental Protection Agency officials and now the IRS, have all done this. All part of the “most transparent administration ever.”
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There are still ten tea party groups which haven’t received approval by the IRS — years after having applied for tax-exempt status. Some applications have been delayed five years by now. All in all, 547 applications were “centralized,” for extraordinary scrutiny.
According to a report by Senate investigators, “the Albuquerque Tea Party was one of the original test cases the IRS used to try to figure out how to handle tea party applications, and that group was still awaiting approval as of April. Accordingly, while substantial progress has been made since 2010 to reduce the backlog of political advocacy applications, IRS management has not yet been able to bring all of these applications to closure.”
There’s no way in the world that a backlog of FIVE years exists — and if it actually does, IRS top brass should be fired for running an incompetent, inefficient agency of that magnitude.
But nothing will actually happen. This was made painfully evident from reading the Senate report, which differed in its conclusions about the culpability of IRS officials. Indeed, it “cleared those top officials of more serious charges of trying to punish groups politically opposed to President Obama. Indeed, after two years of investigation the top Republican and Democrat on the Senate Finance Committee couldn’t even agree on whether there was politically motivated targeting in picking which applications to delay or to give extra scrutiny — the central allegation in the 2013 inspector general’s audit.”
The only IRS employee to be particularly named was Lois Lerner but even then, the assessment of her misdealings by Senate investigators was particularly weak. She was chastised for failing to “adequately manage the EO employees who processed these applications”, her handling of applications “was flawed in design and/or mismanagement”, and she showed “little emphasis” on “providing good customer service.”
Heads should roll. But they won’t, ever. The scandal is two years old now — which is ancient in the political world. People have moved on from their outrage and they are now focused mainly on 2016. The scandal is barely covered in the news anymore, which is how the IRS can still get away with keeping some groups remaining in limbo, due to a “backlog”, even after 5 years. It’s outrageous.
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There’s not much more to say that what ATR lays out. In a nutshell, many IRS employees used an interoffice messaging chat system to communicate with one another, instead of email, because there was no archiving system turned on for that mode of communication — meaning there was no written trail of discussions. This methodology was discovered while looking at Lois Lerner’s emails.
From Americans for Tax Reform:
The IRS used a “wholly separate” instant messaging system that automatically deleted office communications, according to documentation released by the House Oversight Committee on Monday. The system appears to have been purposefully used by agency officials responsible for the targeting of conservative non-profits, in order to evade public scrutiny.
The system, known as “Office Communication Server” or OCS was used by IRS officials, including many in the Exempt Organizations (EO) Unit, which was headed by Lois Lerner.
As the Oversight Committee report states, the instant messaging system did not archive any communications, so it is not possible to know what employees of the EO unit discussed on it.
However, in an email uncovered by the Committee Lerner warns her colleagues about evading Congressional oversight:
“I was cautioning folks about email and how we have had several occasions where Congress has asked for emails and there has been an electronic search for responsive emails – so we need to be cautious about what we say in emails.”
Lerner then asks whether OCS is automatically archived. When informed it was not, Lerner responded “Perfect.”
While it is possible to set the instant messaging system to automatically archive messages, the IRS chose not to do so, according to one employee interviewed by the Committee. The fact that the agency chose not to archive messages raises questions about the true purpose of OCS and what discussions took place.
Needless to say, the apparent use of OCS to evade Congressional oversight once again shows that the IRS does not want the American people to learn the truth about the Lois Lerner targeting scandal.
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From the Hill:
Exactly two years after the IRS first admitted improperly scrutinizing Tea Party groups, congressional investigations into the tax agency show no sign of drawing to a close anytime soon.
Congressional Republicans say they are deeply irritated that they haven’t finished off the investigations launched after Lois Lerner apologized for the IRS on May 10, 2013, and insist that President Obama’s Justice Department has stonewalled their efforts.
Top lawmakers like Senate Finance Chairman Orrin Hatch (R-Utah) note that they’ve only just received thousands of emails to and from Lerner that the IRS said were unrecoverable close to a year ago.
Hatch recently said he hoped a bipartisan Finance report, which members once thought could be released more than a year ago, could come out by the end of June. But congressional investigators maintain that they’ll need to make sure they have a fuller accounting of Lerner’s email trail before any reports are circulated.
Asked about the repeated delays, Hatch said simply: “Every time we turn around we get more emails.”
Congressional committees have received about 5,000 of the roughly 6,400 newly recovered Lerner emails they expect from Treasury’s inspector general for tax administration, a GOP aide said Friday. The aide said that there appears to be little new in the emails, and that the inspector general is expected to issue a broader report on the emails in the coming weeks.
Hatch is far from the only GOP lawmakers fuming about the status of the IRS investigation.
“That’s so egregious, for the tax collection agency of the United States to be in that kind of shape,” said Sen. Pat Roberts (R-Kan.). “They have nobody to blame but themselves. I’d just like to see some accountability, you know?”
But even some Republicans acknowledge that the IRS controversy wasn’t quite the slam dunk case they thought it was two years ago, and House Republicans at least have seemed to put more emphasis on their investigation into the Benghazi attacks over the last year.
Still, Republicans aren’t the only group frustrated by the IRS investigations – underscoring that the partisan divisions marking the inquiries aren’t going away, and that controversy will linger long after any reports are issued.
Tea Party groups say some organizations are still facing delays from the IRS, and that they believe Lerner and other agency officials are getting off easy.
“It’s clear the IRS would like this scandal to disappear,” Jordan Sekulow, whose American Center for Law and Justice represents dozens of groups challenging the IRS in court, said recently.
Congressional Democrats, though, say that two years’ worth of investigations, costing millions of taxpayer dollars, have found what they long suspected – that the IRS’s scrutiny of Tea Party groups was caused not by political bias, but by bureaucratic mismanagement.
The IRS itself says it took pride in a recent inspector general report that found the agency had cleaned up its act when processing tax-exempt applications. But the IRS, and their Democratic supporters, are also facing down budget cuts from Republicans who have shown no signs that they’ll forgive an agency which was unpopular even before Lerner’s apology two years ago.
John Koskinen, the IRS commissioner, has said that the roughly 10 percent budget cut – from $12.1 billion to $10.9 billion – the agency has absorbed in recent years has only hurt its ability to help taxpayers.
Koskinen said in a March speech that the improper scrutiny of Tea Party groups was “from a prior era,” and has urged Congress to allow the IRS to put that era to rest and provide more funding. “It’s not the IRS of 2010, 2011 or even 2012,” Koskinen said in the March speech.
Republicans themselves, frustrated especially by the Justice Department’s investigation into the IRS, have started focusing more heavily on preventing a “Lois Lerner 2.0” situation, as Rep. Peter Roskam (R-Ill.) calls it.
“Of course there’s not targeting going on right now, when the entire world is watching. It’s no surprise that they stopped the targeting for the time being,” said Roskam, the chairman of the House Ways and Means subcommittee overseeing the IRS. “But moving forward, the IRS hasn’t been able to demonstrate anything that it’s done to prevent the targeting from happening again.”
The Senate’s permanent subcommittee on investigations is the only panel to have rolled out a final report on the IRS’s handling of 501(c)(4) applications – and even that was notable largely for the split findings from former Sen. Carl Levin (D-Mich.) and Sen. John McCain (R-Ariz.).
Roskam said he didn’t know whether Ways and Means Chairman Paul Ryan (R-Wis.), who has made trade deals and tax reform his top priorities, would be interested in releasing a broad report on the committee’s IRS findings.
Rep. Jim Jordan (Ohio), a senior member of the House Oversight Committee, said much the same thing about his panel’s chairman, Rep. Jason Chaffetz (R-Utah).
Jordan did note that the committee’s previous chairman, Rep. Darrell Issa (R-Calif.), released periodic reports on the IRS, including a broad final report in his last days atop the Oversight panel.
The Ohio Republican was far more confident that Justice Department investigators have never been serious about pressing criminal charges against anyone connected to the IRS, and knocked former Attorney General Eric Holder for declining to appoint a special prosecutor to look into the case.
Justice officials have said they want to complete their investigation “as expeditiously as possible.” But Republicans were also enraged last month when an outgoing U.S. attorney decided not to bring their contempt charges against Lerner to a grand jury.
“You’ve got all this history, and you’ve got the fundamental nature of the violation,” Jordan said. “I think it’s kind of natural to be skeptical about, well, ‘everything’s fine now.’ I do think there’s more to look into here.”
Republicans add that they’ll have to keep their focus on the IRS as long as it’s still working on new rules governing 501(c)(4) groups, after groups ranging from the Tea Party to the American Civil Liberties Union ripped the Obama administration’s first effort.
And while Republicans don’t want to speculate on when their IRS efforts might come to a close, Roskam dropped some hints that their interest in both the agency and Lerner won’t fade anytime soon.
“The statute of limitations doesn’t lapse until after the new administration comes in, so you could very easily see a newly constituted Justice Department having a new attitude about Lerner,” Roskam said.
