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A court ruling on Friday was a victory for those seeking information requests to the White House. A group called “Cause of Action” sued the IRS in 2013 trying to ascertain if the White House ever requested private taxpayer information, especially in light of the IRS scandal.
The requests, however, were declined by the IRS, who cited section 6103 of the tax code, which is the section governing taxpayer confidentiality laws. They argued that “the existence of those requests would be protected by confidentiality laws and couldn’t be released, so there was no reason to make the search.”
The judge however, Amy Berman Jackson, disagreed with their response, noting that “the agency couldn’t use the privacy protection ‘to shield the very misconduct it was enacted to prohibit.’” The IRS was subsequently ordered to turn over any and all recorded requests from the White House seeking taxpayer information. In December 2014, TIGTA acknowledged the existence of about 2500 documents that fit the FOIA request, from “Cause of Action”, asking for communication between the IRS and the White House. It will be interesting to see what these documents reveal.
There’s already been some hints at confidentiality impropriety. Remember that in August 2010, Austan Goolsbee spoke about the Koch Brothers’ tax structure in an anecdote to attack businesses and openly discussed tax information about their business structure that was not publicly available. Additionally, in October 2010, the agency sent a database on 501(c)(4) social-welfare groups containing confidential taxpayer information to the Federal Bureau of Investigation, according to documents obtained by a House panel.
It wouldn’t be a stretch, therefore, to imagine that the White House, the “most transparent administration ever”, also requested or received confidential taxpayer information in collusion with the IRS.
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Ron DeSantis (R., Fla.) chairman of the House Oversight and Government Reform Subcommittee on National Security and Jim Jordan (R., Ohio), chairman of the Subcommittee on Health Care, Benefits, and Administrative Rules, also recently called on President Obama to remove John Koskinen from the head of the IRS. Alternatively, they propose Congressional impeachment if Obama does not due his due diligence and remove Koskinen himself.
DeSantis and Jordan made their case in the pages of the Wall Street Journal and is reprinted below in its entirety, as it provided a thorough summation of Koskinen’s incompetence:
“Internal Revenue Service Commissioner John Koskinen needs to go.
When it was revealed in 2013 that the IRS had targeted conservative groups for exercising their First Amendment rights, President Obama correctly called the policy “inexcusable” and pledged accountability. He even fired the then-acting IRS commissioner because he said it was necessary to have “new leadership that can help restore confidence going forward.”
Unfortunately, Commissioner Koskinen, who took over in the wake of the IRS targeting scandal, has failed the American people by frustrating Congress’s attempts to ascertain the truth. A taxpayer would never get away with treating an IRS audit the way that IRS officials have treated the congressional investigation. Civil officers like Mr. Koskinen have historically been held to a higher standard than private citizens because they have fiduciary obligations to the public. The IRS and Mr. Koskinen have breached these basic fiduciary duties:
• Destruction of evidence. Lois Lerner, at the time the director of the IRS’s exempt-organizations unit, invoked the Fifth Amendment on May 22, 2013, when appearing before Congress; her refusal to testify put a premium on obtaining and reviewing her email communications. On the same day the IRS’s chief technology officer issued a preservation order that instructed IRS employees “not to destroy/wipe/reuse any of the existing backup tapes for email, or archiving of other information from IRS personal computers.”
Several weeks later, on Aug. 2, the House Oversight Committee issued its first subpoena for IRS documents, including all of Ms. Lerner’s emails. On Feb. 2, 2014, Kate Duval, the IRS commissioner’s counsel, identified a gap in the Lerner emails that were being collected. Days later, Ms. Duval learned that the gap had been caused in 2011 when the hard drive of Ms. Lerner’s computer crashed.
Despite all this—an internal IRS preservation order, a congressional subpoena, and knowledge about Ms. Lerner’s hard-drive and email problems—the Treasury inspector general for tax administration discovered that the agency on March 4, 2014, erased 422 backup tapes containing as many as 24,000 emails. (Congress learned of the discovery only last month.)
Ms. Duval has since left the IRS and now works at the State Department, where she is responsible for vetting Hillary Clinton’s emails sought by congressional investigations of the Benghazi attacks.
• Failure to inform Congress. Mr. Koskinen was made aware of the problems associated with Ms. Lerner’s emails the same month Ms. Duval discovered the gap. Yet the IRS withheld the information from Congress for four months, until June 13, 2014, when the agency used a Friday news dump to admit—on page seven of the third attachment to a letter sent to the Senate Finance Committee—that it had lost many of Ms. Lerner’s emails.
During that four-month delay, Mr. Koskinen testified before Congress under oath four times. On March 26, 2014, he appeared before the Oversight Committee and pledged that the IRS would produce all of Ms. Lerner’s emails, not mentioning that the IRS already knew of the problems with her emails and hard drive. Mr. Koskinen deliberately kept Congress in the dark. Based on testimony received by the committee, we now know that the IRS appears to have spent the four months working with the Obama administration to fine-tune talking points to mitigate the fallout.
• False testimony before Congress. Mr. Koskinen made statements to Congress that were categorically false. Of the more than 1,000 computer backup tapes discovered by the IRS inspector general, approximately 700 hadn’t been erased and contained relevant information. But Mr. Koskinen testified he had “confirmed” that all of the tapes were unrecoverable.
He also said: “We’ve gone to great lengths, spent a significant amount of money trying to make sure that there is no email that is required that has not been produced.” In reality, the inspector general found that Mr. Koskinen’s team failed to search several potential sources for Ms. Lerner’s emails, including the email server, her BlackBerry and the Martinsburg, W.Va., storage facility that housed the backup tapes.
The 700 intact backup tapes the inspector general recovered were found within 15 days of the IRS’s informing Congress that they were not recoverable. Employees from the inspector general’s office simply drove to Martinsburg and asked for the tapes. It turns out that the IRS had never even asked whether the tapes existed.
Three weeks after the 422 other backup tapes were destroyed by the IRS, Mr. Koskinen told the committee that he would produce “all” Lerner documents. This statement was clearly false—you can’t give Congress “all” of the material if you know that you have already destroyed some of it.
• Failure to correct the record. After his false statements to Congress under oath, Mr. Koskinen refused to amend them when given the opportunity at a public hearing earlier this year. If a lawyer makes a false statement to a court, he has a duty to correct it. Civil officers like Commissioner Koskinen have a duty to the American people to revise their testimony when it contains inaccuracies.
• Failure to reform the IRS to protect First Amendment rights. Mr. Koskinen hasn’t acted on the president’s May 2013 promise to “put in place new safeguards to make sure this kind of behavior cannot happen again.” A Government Accountability Office report released last week found that the IRS continues to lack the controls necessary to prevent unfair treatment of nonprofit groups on the basis of an “organization’s religious, educational, political, or other views.” In other words, the targeting of conservative groups may very well continue.
If the president doesn’t remove Mr. Koskinen from his post, then Congress should remove him through impeachment. The impeachment power is a political check that, as Alexander Hamilton wrote in Federalist No. 65 in 1788, protects the public against “the abuse or violation of some public trust.”
Supreme Court Justice Joseph Story echoed Hamilton in 1833 when he distinguished impeachable offenses from criminal offenses, noting that they “are aptly termed political offenses, growing out of personal misconduct or gross neglect, or usurpation, or habitual disregard for the public interests . . . They must be examined upon very broad and comprehensive principles of public policy and duty.”
John Koskinen has violated the public trust, breached his fiduciary obligations and demonstrated his unfitness to serve. Mr. President, it’s time for Commissioner Koskinen to go. If you don’t act, we will.”
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Last month, Rep. Jason Chaffetz (R. Utah) wrote a letter regarding John Koskinen, the commissioner of the IRS, asking President Obama to remove him from his post. As the IRS is a part of the Department of the Treasury, it falls under the authority of Executive Branch.
Chaffetz rightly calls out Koskinen for “obstruction” with regard to the various congressional investigations, which have revealed bungled IRS responses to repeated inquiries. At the time of his letter in late July, it had recently been revealed that IRS workers destroyed Lerner’s backup tapes from 2010-2011, losing 24,000 emails in the processes.
Chaffetz has it right. Even now, a month after calling on Obama to dismiss Koskinen, there have been even more revelations of IRS misconduct. This include that fact that 10 groups have still yet to be approved for tax-exempt status — with some waiting as long as 5 years — due to a “backlog of cases”. Even more egregiously, the IRS only revealed last week during court proceedings that Lois Lerner used a second, private email account with the alias “Toby Miles” to conduct IRS business (on top of her IRS email and another private email account). The fact that after years into the investigations, only last week this information was disclosed to the public shows an unrepentant IRS.
If Obama is unwilling to actually dismiss Koskinen from his deplorable actions, it shows he lacks the fortitude to fix the critical problems at the IRS. In fact, it proves that he really is the root of the problem.
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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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As the Stock Market is swirling around today, I am reminded of an incident that began this day in 1982 and spanned several years; it involved illegal trading schemes, inside tips, and money. History.com has a good synopsis:
“Martin Siegel meets Ivan Boesky at the Harvard Club in New York City to discuss his mounting financial pressures. Arbitrageur Boesky offered Siegel, a mergers-and-acquisitions executive at Kidder, Peabody & Co., a job, but Siegel, who was looking for some kind of consulting arrangement, declined. Boesky then suggested that if Siegel would supply him with early inside information on upcoming mergers there would be something in it for him.
In January 1983, although little information had been exchanged, Boesky sent a courier with a secret code and a briefcase containing $150,000 in $100 bills to be delivered to Siegel at the Plaza Hotel.
Over the next couple of years, Siegel passed inside information to Boesky on several occasions. With Siegel’s inside tips, Boesky made $28 million dollars investing in Carnation stock before its takeover. But his success began to fuel investigative inquiries by both the press and the Securities and Exchange Commission. Rumors that Siegel and Kidder, Peabody & Co. were involved in illegal activities began floating around.
Despite the pressure, Siegel and Boesky met ata deliin January 1985, where Siegel demanded $400,000. This time, the cash drop-off was made at a phone booth. Siegel, who was apprehensive about his relationship with Boesky, decided to put an end to it after he had received his money. Still, he continued to trade inside information with other Wall Street executives.
In 1986, the illegal schemes, which by then included many of the biggest traders in the country, came crashing down. Arrests were made up and down Wall Street, and Boesky and Michael Milken, the junk bond king charged with violating federal securities laws, were no exception.
Siegel turned out to be one of the few cooperative witnesses for the government and virtually the only one who showed remorse for his role in the fraud, causing him to be ostracized on Wall Street. Nevertheless, he did fare better than the others: Milken received a 10-year sentence and Boesky received 3 years,but Siegel was only required to return the $9 million he had obtained illegally. The entire incident came to symbolize the era of unfettered greed on Wall Street in the mid-1980s.”
The big stock market crash, “Black Monday”, happened on October 19, 1987. Much of the Wall Street schemes noted above contributed greatly to the bull market which began in 1982, combined with low interest rates, mergers, and more. The fervor reached a crescendo in spectacular trading years of 1986-1987, before the stock market crashed. The Dow lost more than 22% of its value in the crash of 1987.
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In a Friday night document dump, internal EPA documents showed that in both 2014 and 2015, the EPA described how existing conditions at the mine set created the possibility of a blowout of contaminated waters. So EPA managers was certainly aware that the river could received massive amounts of mine sediment and wastewater laden with metals.
The EPA has been less-than-forthcoming with its responses and explanations of this catastrophe. The AP and other media outlets have been pressuring the EPA to release internal documents related to the Colorado mine; so far, the information put forth from the agency has been relatively scant.
From the AP:
–The internal documents that were released were amply redacted
–The EPA documents “do not include any account of what happened immediately before or after the spill.”
–”Among the items blacked out is the line in a 2013 safety plan for the Gold King job that specifies whether workers were required to have phones that could work at the remote site, which is more than 11,000 feet up a mountain.”
–“Among the unanswered questions is why it took the agency nearly a day to inform local officials in downstream communities that rely on the rivers for drinking water.”
–The EPA confirmed “its employees were present at the mine when the spill occurred. The company declined to provide more detail, saying that to do so would violate ‘contractual confidentiality obligations’.”
–“The EPA has not yet provided a copy of its contact with the firm. On the March 2015 cost estimate for the work released Friday, the agency blacked out all the dollar figures.”
–“EPA did not immediately respond Friday night to questions from the AP.”
In fact, the EPA has received a high volume of criticism for its lack of responsiveness and cooperation to any questions about the incident, but has been quick to assuage citizens that they are “very sorry.” Furthermore, the EPA Administrator Gina McCarthy spoke soothingly at a conference a week ago and described that waters are returning to “pre-incident conditions” — explaining “the very good news is that we see that this river is restoring itself.”
Which begs the question: if nature can restore itself after a man-made disaster, compounded by man-made government bureaucratic incompetence, why do we need the EPA at all?
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Those responsible for the toxic EPA spill into the Animus River should be prosecuted to the fullest extent for their actions. Just as the EPA has gone after individuals and private companies for violating various EPA statutes, the EPA workers who released 3 million gallons should face the same fate.
Take the case of Lawrence Lewis, who, in 2007, was accused of violating the Clean Water Act, unknowingly, while executing accepted policy of relieving overflowing drain pipes into the street drainage system. Assisted by his long-time maintenance staff, Lewis “diverted a backed-up sewage system into an outside storm drain—one they long believed was connected to the city’s sewage-treatment system—to prevent flooding in an area where the sickest residents lived. In fact, the storm drain emptied into a creek that ultimately reaches the Potomac River.”
For this crime, Lewis was prosecuted; he pleaded guilty only in order to avoid jail time away from his family. Lewis was sentenced to one year’s probation and placed under court-ordered supervision, which included unannounced visits to his home and new place of employment.
The Wall Street Journal covered this atrocity:
In an interview [his lawyer said], “There was no fight to have. It was a strict liability case,” meaning the government didn’t have to prove Mr. Lewis knew he was doing anything wrong. “His good intentions did not matter.” The lawyer told Mr. Lewis that, to be found guilty, prosecutors needed only to prove that he was aware that sewage was being pumped into the storm drain that led to the creek.
In court documents, the government argued that Mr. Lewis didn’t ensure the storm drain fed into a waste-treatment facility rather than the creek. About 30% of the city’s storm drains flow to a treatment plant, according to the D.C. Water and Sewer Authority. Plus, the government argued, Mr. Lewis was responsible for several prior discharges during his time at Knollwood.
Certainly, dumping 3 million gallons of materials into a river is far more serious than diverting a storm drain into a creek accidentally. If Mr. Lewis can endure a harsh sentence for his accidental crime, the EPA should most certainly follow through with their employees who are “very sorry”, for their massive pollution and make sure they receive the same swift justice that Mr. Lewis received.
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Each month, CNSNews does a nice roundup of the monthly Treasury statements which show revenue and expenditures for the prior month. As has been the case for the last few months, the month of July has been another record setting month for revenues. Even with that, the government still continues to run a deficit for the year — their annual spending outpacing their receipts.
From CNSNews:
“The federal government raked in a record of approximately $2,672,414,000,000 in tax revenues through the first ten months of fiscal 2015 (Oct. 1, 2014 through the end of July), according to the Monthly Treasury Statement released today.
That equaled approximately $17,955 for every person in the country who had either a full-time or part-time job in July.
It is also up about $183,397,970,000 in constant 2015 dollars from the $2,489,016,030,000 in revenue (in inflation-adjusted 2015 dollars) that the Treasury raked in during the first ten months of fiscal 2014.
Despite the record tax revenues of $2,672,414,000,000 in the first ten months of this fiscal year, the government spent $3,137,953,000,000 in those ten months, and, thus, ran up a deficit of $465,539,000,000 during the period.
According to the Bureau of Labor Statistics, total seasonally adjusted employment in the United States in July (including both full and part-time workers) was 148,840,000. That means that the federal tax haul so far this fiscal year has equaled $17,954.94 for every person in the United States with a job.
In 2012, President Barack Obama struck a deal with Republicans in Congress to enact legislation that increased taxes. That included increasing the top income tax rate from 35 percent to 39.6 percent, increasing the top tax rate on dividends and capital gains from 15 percent to 20 percent, and phasing out personal exemptions and deductions starting at an annual income level of $250,000.
An additional 3.8 percent tax on dividends, interests, capital gains and royalties–that was embedded in the Obamacare law–also took effect in 2013.
The largest share of this year’s record-setting October-through-July tax haul came from the individual income tax. That yielded the Treasury $1,276,630,000,000. Payroll taxes for “social insurance and retirement receipts” took in another $894,374,000,000. The corporate income tax brought in $266,068,000,000.”
