WASHINGTON — Senior Treasury officials were made aware in June 2012
that investigators were looking into complaints from tea party groups
that they were being harassed by the Internal Revenue Service, a
Treasury inspector general said, disclosing that Obama administration
officials knew there was a probe during the heat of the presidential
campaign.
J. Russell George, the Treasury inspector general for tax
administration, testifying alongside ousted IRS head Steven Miller on
Friday, said he had told the department's general counsel about his
investigation on June 4, 2012, and Deputy Treasury Secretary Neal Wolin
"shortly thereafter."
But, George cautioned, those discussions were "not to inform them of the
results of the audit. It was to inform them of the fact that we were
conducting the audit."
After the hearing, inspector general spokeswoman Karen Kraushaar said
George "informed Department of Treasury officials that we were looking
into the IRS' handling of applications for tax-exempt status, partly due
to allegations raised by conservative organizations."
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Kraushaar said the disclosure was part of a routine briefing about the office's activities.
The Treasury Department issued a statement Friday saying officials
first became aware of the actual results of the investigation in March
of this year, when they were provided a draft of George's report, a
standard practice.
George's disclosure came before the House Ways and Means Committee in
the first of several congressional hearings on the matter. He was
joined by Miller, who spoke publicly about the controversy for the first
time.
Miller was contrite as he apologized for the actions of agents who
singled out conservative political groups for additional, often
burdensome scrutiny.
"First and foremost, as acting commissioner, I want to apologize on
behalf of the Internal Revenue Service for the mistakes that we made and
the poor service we provided," he told the committee. "The affected
organizations and the American public deserve better."
But the hearing turned prickly when Miller insisted he did not
deceive Congress, though he repeatedly failed to reveal the controversy
last year when he was asked about it by lawmakers — even after he had
been briefed.
"I did not mislead Congress or the American people," Miller said.
The administration is on the defensive for a trio of issues that are
threatening to derail the president's second-term agenda. In addition to
the IRS case, President Barack Obama and other officials are being
pressed about last September's terrorist attack in Benghazi, Libya, that
killed the U.S. ambassador and three other Americans, and the
government's seizure of Associated Press telephone records as part of a
leaks investigation.
"Listening to the nightly news, this appears to be just the latest
example of a culture of cover-ups and political intimidation in this
administration," said Rep. Dave Camp, R-Mich., chairman of the Ways and
Means Committee. "It seems like the truth is hidden from the American
people just long enough to make it through an election."
Committee Democrats were also critical of the IRS, but several took
offense at Camp's assertion that this matter is part of a wider problem
within the administration. They noted that there has been no evidence so
far that anyone outside the IRS was involved in targeting conservative
groups.
"If this hearing becomes essentially a bootstrap to continue the
campaign of 2012 and to prepare for 2014, we will be making a very, very
serious mistake," said Rep. Sander Levin of Michigan, the top Democrat
on the panel.
Levin said Lois Lerner, who heads the IRS division that makes
decisions about tax-exempt groups, "should be relieved of her duties."
Lerner is the IRS official who made the scandal public May 10 in what
Miller said was a planned event at a legal conference.
Obama forced Miller to resign this week though he will remain on the
job a few days until a new acting director takes over. Obama named
Daniel Werfel, a top White House budget officer, to replace Miller and
met with Werfel on Friday.
Miller is a 25-year IRS employee who was a deputy commissioner when
the tea party groups were being targeted. In that job, Miller was over
the division that dealt with tax-exempt organizations.
He became acting head of the agency in November, when IRS
Commissioner Douglas Shulman's five-year term expired. Shulman had been
appointed by President George W. Bush, a fact highlighted by several
Democrats at Friday's hearing.
Camp said Miller's departure wouldn't be enough.
"The reality is this is not a personnel problem. This is a problem of
the IRS being too large, too powerful, too intrusive and too abusive of
honest, hardworking taxpayers," Camp said.
Two other committees have hearings scheduled for next week, and the
Justice Department has launched its own criminal investigation. Miller
is also scheduled to testify on Tuesday before the Senate Finance
Committee. He will be joined by Shulman and George.
Underscoring the seriousness of his testimony Friday, Miller was
sworn in as a witness, an unusual step for the Ways and Means panel.
He told committee members that before the episode became public, he
had no contact with the Treasury Department, the White House or Obama's
re-election campaign about targeting conservative groups.
"Absolutely not," Miller said.
He surprised committee members when he said "it is absolutely not
illegal" for IRS agents to single out conservative groups for additional
scrutiny.
"Please don't get me wrong," he added. "It should not happen."
George, the inspector general, backed up Miller's assertion when he
said the yearlong investigation did not uncover illegal activity.
"It is not illegal, but it was inappropriate," George said of targeting conservative groups.
George's report concluded that an IRS office in Cincinnati, which
screened applications for the tax exemptions, improperly singled out tea
party and other conservative groups for tougher treatment. The report
says the practice began in March 2010 and lasted in various forms until
May 2012.
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Agents did not flag similar progressive or liberal labels, though
some liberal groups did receive additional scrutiny because their
applications were singled out for other reasons, the report said.
The IG's report blamed ineffective management in Washington for letting the inappropriate singling out occur for so long.
Miller said he was notified that conservative groups had been singled
out for additional scrutiny on May 3, 2012. After he was briefed,
members of Congress repeatedly asked the IRS about complaints from tea
party groups that said they were being harassed by the IRS.
But Miller was not forthcoming back then about groups being targeted
in at least two letters to members of Congress and in testimony before a
Ways and Means subcommittee.
"Didn't this committee have the right to know that groups were treated differently?" asked Rep. Dave Reichert R-Wash.
"I answered all the questions I was asked," Miller replied.
"So your answer is a non-answer, once again," Reichert retorted.
As the hearing drew to a close, Camp, the committee chairman,
declared, "I promise the American people this investigation has just
begun."
Said Rep. Mike Kelly, R-Pa.: "I don't know that I got any answers from
you today. I am more concerned today than I was before."
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