*DOJ Official Promises They’re Looking into Missing Lerner Emails*

Posted By *Bill Straub* On July 22, 2014

WASHINGTON – The Justice Department’s No. 2 official told a House
subcommittee on Thursday that investigators are expanding their probe into
the IRS scandal to include Obama administration claims that it is unable to
provide certain email records from a key figure because of a computer crash.

Deputy Attorney General James Cole informed lawmakers that he couldn’t
provide many details, noting that “in order to protect the integrity and
independence of this investigation, we cannot disclose non-public
information about the investigation while it remains pending.”

But Cole did tell the Subcommittee on Economic Growth, Job Creation and
Regulatory Affairs that the investigation now “includes investigating the
circumstances of the lost emails from Ms. (Lois) Lerner’s computer.”

“We recognize the committee’s interest in this matter,” Cole said. “We
share that interest and are conducting a thorough and complete
investigation and analysis of the allegations of targeting by the IRS.
While I know you are frustrated by the fact that I cannot at this time
disclose any specifics about the investigation, I do pledge to you that
when our investigation is completed, we will provide Congress with detailed
information about the facts we uncovered and the conclusions we reached in
this matter.”

But some panel members weren’t satisfied with Cole’s reluctance and
continued to push for a special prosecutor, questioning the ability of the
Justice Department to conduct an unbiased probe. Rep. Darrell Issa
(R-Calif.), chairman of the Committee on Oversight & Government Reform,
pressed Cole to publicly acknowledge that unlawful behavior occurred within
the IRS.

“Crimes were committed,” Issa said. “Regulations were violated. Rules were
broken and Americans’ constitutional rights were violated by Lois Lerner
and perhaps others around her.”

Rep. Jim Jordan (R-Ohio), the subcommittee chairman, expressed “serious
concerns” about the investigation and again raised the issue of a special
prosecutor, citing possible conflicts of interest among those appointed by
Attorney General Eric Holder to look into the matter.

Republicans on the committee remain particularly wary about the involvement
of Barbara Bosserman, an attorney in the department’s Civil Rights
Division, who has contributed to President Obama’s political campaigns.

“These are serious conflicts of interest, but the Justice Department wants
us to look the other way,” Jordan said.

Cole told the committee that, despite some reports, Bosserman is not
leading the investigation and that her past political contributions do not
constitute a conflict so grave that it requires the appointment of a
special prosecutor.

“That criminal investigation is being conducted by career attorneys and
agents of the department’s Criminal and Civil Rights Divisions, the Federal
Bureau of Investigation, and the Treasury Inspector General for Tax
Administration,” Cole said. “I have the utmost confidence in the career
professionals in the department and the TIGTA and I know that they will
follow the facts wherever they lead and apply the law to those facts.”

The investigation involves allegations that the IRS inappropriately
scrutinized politically conservative organizations seeking tax-exempt
status beginning in February 2012. Under Section 501(c)(4) of the Internal
Revenue Code, organizations that meet certain criteria and focus on
advancing “social welfare” goals are exempted from federal income taxes,
although donations to these organizations are not tax deductible.

Organizations popularly referred to as 501(c)(4)s are allowed to
participate in campaign-related activities provided that these activities
do not comprise a majority of the organizations’ efforts.

On May 12, 2013, the Treasury Department inspector general issued a report
that found that the IRS Division of Exempt Organizations inappropriately
targeted Tea Party and other conservative applicants for tax-exempt status
and subjected them to heightened scrutiny, resulting in extended delays
that sidelined some applicants during the 2012 election cycle.

Lerner, who led the Division of Exempt Organizations before her resignation
in light of the probe, is seen as a key player but she has refused to
cooperate with and testify before the House Oversight & Government Reform
Committee. The panel sought thousands of emails dispatched by Lerner from
her office, looking to determine if any information could be gleaned from
her messages.

But the IRS revealed in May, to the consternation of committee Republicans,
that it lost the emails from 2011 when Lerner’s computer crashed. IRS
Commissioner John Koskinen has said he’s seen no evidence that anyone
committed a crime in connection with the lost emails. There is no evidence
that Lerner intentionally destroyed them, he said, adding that IRS has gone
to great lengths trying to retrieve lost documents on her computer.

Regardless, the incident is now part of the Justice Department
investigation.

Cole told lawmakers that the Justice Department learned about the reported
computer crash through media reports at about the same time as the House
Oversight & Government Reform Committee. That led some Republicans to
question the thoroughness of the probe.

“Does it not concern you that your exhaustive investigation didn’t uncover
the missing emails?” asked Rep. Mark Meadows (R-N.C.). “Should we be
concerned that your investigation is not exhaustive?”

Cole acknowledged that, “I would have preferred to have learned earlier.”

Committee Democrats, led by Rep. Elijah Cummings (D-Md.), the ranking
member, maintain no evidence of wrongdoing has been uncovered, asserting
the liberal organization also came under the watchful eye of the IRS.

Cummings noted that the IRS already has spent $18 million responding to
congressional panels with a finger in the probe.

“It is time to stop wasting taxpayer dollars and start focusing on
reforms,” Cummings said.
------------------------------

Article printed from PJ Media: *http://pjmedia.com <http://pjmedia.com>*

URL to article:
*http://pjmedia.com/blog/doj-official-promises-theyre-looking-into-missing-lerner-emails/
<http://pjmedia.com/blog/doj-official-promises-theyre-looking-into-missing-lerner-emails/>*




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