No written record has ever been found of Adolph Hitler ordering his followers to murder Jews; that's not the way it's done. The leader sets the tone, and his followers get the point and follow through. No record will be found of Obama ordering the harassment of conservatives by the IRS, but, at least now, we have evidence that the direction came from Washington.
Noonan: A Bombshell in the IRS Scandal
A higher office is implicated.
The IRS scandal was connected
this week not just to the Washington
office—that had been established—but to the office of the chief counsel.
That is a
bombshell—such a big one that it managed to emerge in spite of an unfocused,
frequently off-point congressional hearing in which some members seemed to have
accidentally woken up in the middle of a committee room, some seemed unaware of
the implications of what their investigators had uncovered, one pretended that
the investigation should end if IRS workers couldn't say the president had
personally called and told them to harass his foes, and one seemed to be
holding a filibuster on Pakistan.
Still, what landed was
a bombshell. And Democrats know it. Which is why they are so desperate to make
the investigation go away. They know, as Republicans do, that the chief counsel
of the IRS is one of only two Obama political appointees in the entire agency.
To quickly review why
the new information, which came most succinctly in a nine-page congressional
letter to IRS Commissioner Daniel Werfel, is big news:
IRS Tax Exempt and
Government Entities Division revenue agent Elizabeth Hofacre, left, and retired
IRS tax law specialist Carter Hull testify before the House Oversight and
Government Reform Committee on Capitol Hill on Thursday.
When the scandal broke
two months ago, in May, IRS leadership in Washington claimed the
harassment of tea-party and other conservative groups requesting tax-exempt
status was confined to the Cincinnati office, where a few
rogue workers bungled the application process. Lois Lerner, then the head of
the exempt organizations unit in Washington, said "line
people in Cincinnati" did work that
was "not so fine." They asked questions that "weren't really
necessary," she claimed, and operated without "the appropriate level
of sensitivity." But the targeting was "not intentional." Ousted
acting commissioner Steven Miller also put it off on "people in Cincinnati." They provided
"horrible customer service."
House investigators
soon talked to workers in the Cincinnati office, who said
everything they did came from Washington. Elizabeth Hofacre,
in charge of processing tea-party applications in Cincinnati, told investigators
that her work was overseen and directed by a lawyer in the IRS Washington
office named Carter Hull.
Now comes Mr. Hull's
testimony. And like Ms. Hofacre, he pointed his finger upward. Mr. Hull—a
48-year IRS veteran and an expert on tax exemption law—told investigators that
tea-party applications under his review were sent upstairs within the
Washington office, at the direction of Lois Lerner.
In April 2010, Hull was assigned to
scrutinize certain tea-party applications. He requested more information from
the groups. After he received responses, he felt he knew enough to determine
whether the applications should be approved or denied.
But his
recommendations were not carried out.
Michael Seto, head of
Mr. Hull's unit, also spoke to investigators. He told them Lois Lerner made an
unusual decision: Tea-party applications would undergo additional scrutiny—a
multilayered review.
Mr. Hull told House
investigators that at some point in the winter of 2010-11, Ms. Lerner's senior
adviser, whose name is withheld in the publicly released partial interview
transcript, told him the applications would require further review:
Q: "Did [the
senior adviser to Ms. Lerner] indicate to you whether she agreed with your
recommendations?"
A: "She did not
say whether she agreed or not. She said it should go to chief counsel."
Q: "The IRS chief
counsel?"
A: "The IRS chief
counsel."
The IRS chief counsel
is named William Wilkins. And again, he is one of only two Obama political
appointees in the IRS.
What was the chief
counsel's office looking for? The letter to Mr. Werfel says Mr. Hull's
supervisor, Ronald Shoemaker, provided insight: The counsel's office wanted, in
the words of the congressional committees, "information about the
applicants' political activities leading up to the 2010 election." Mr.
Shoemaker told investigators he didn't find that kind of question unreasonable,
but he found the counsel's office to be "not very forthcoming":
"We discussed it to some extent and they indicated that they wanted more
development of possible political activity or political intervention right
before the election period."
It's almost as if—my
words—the conservative organizations in question were, during two major
election cycles, deliberately held in a holding pattern.
So: What the IRS
originally claimed was a rogue operation now reaches up not only to the Washington office, but into the
office of the IRS chief counsel himself.
At the generally
lacking House Oversight Committee Hearings on Thursday, some big things still
got said.
Ms. Hofacre of the Cincinnati office testified that
when she was given tea-party applications, she had to kick them upstairs. When
she was given non-tea-party applications, they were sent on for normal
treatment. Was she told to send liberal or progressive groups for special
scrutiny? No, she did not scrutinize the applications of liberal or progressive
groups. "I would send those to general inventory." Who got extra
scrutiny? "They were all tea-party and patriot cases." She became
"very frustrated" by the "micromanagement" from Washington. "It was like
working in lost luggage." She applied to be transferred.
For his part, Mr. Hull
backed up what he'd told House investigators. He described what was,
essentially, a big, lengthy runaround in the Washington office in which no
one was clear as to their reasons but everything was delayed. The multitiered
scrutiny of the targeted groups was, he said, "unusual."
It was Maryland's Rep. Elijah
Cummings, the panel's ranking Democrat, who, absurdly, asked Ms. Hofacre if the
White House called the Cincinnati office to tell them
what to do and whether she has knowledge of the president of the United States digging through the
tax returns of citizens. Ms. Hofacre looked surprised. No, she replied.
It wasn't hard to
imagine her thought bubble: Do congressmen think
presidents call people like me and say, "Don't forget to harass my
enemies"? Are congressmen that stupid?
Mr. Cummings is not,
and his seeming desperation is telling. Recent congressional information leads
to Washington—and now to very high up at the IRS.
Meaning this is the point at which a scandal goes nowhere or, maybe,
everywhere.
Rep. Trey Gowdy, a
South Carolina Republican, finally woke the proceedings up with what he called
"the evolution of the defense" since the scandal began. First, Ms.
Lerner planted a question at a conference. Then she said the Cincinnati office did it—a
narrative that was advanced by the president's spokesman, Jay Carney. Then came
the suggestion the IRS was too badly managed to pull off a sophisticated
conspiracy. Then the charge that liberal groups were targeted too—"we did
it against both ends of the political spectrum." When the inspector
general of the IRS said no, it was conservative groups that were targeted, he
came under attack. Now the defense is that the White House wasn't involved, so
case closed.
This is one Republican
who is right about evolution.
Those trying to get to
the bottom of the scandal have to dig in, pay attention. The administration's
defenders, and their friends in the press, have made some progress in confusing
the issue through misdirection and misstatement.
This is the moment
things go forward or stall. Republicans need to find out how high the scandal
went and why, exactly, it went there. To do that they'll have to up their game.
Labels: Obama, Politics