The
House Committee on Oversight and Reform hearings on Internal Revenue Service
malfeasance has produced scenes worthy of a Mel Brooks film, or maybe
"Hogan's Heroes" (“I know nussing!”) As of Friday morning, the
following had transpired.
Lois
Lerner appeared before the committee last Wednesday. She is the IRS director of
exempt organizations, which is the office that deliberately targeted
organizations with "Tea Party," "Patriot" and other
identifiers in their names indicating they were conservative organizations.
These organizations not only had their applications for 501(c) tax-exempt
status delayed for up to three years, but in many cases were asked for
information that is clearly outside the legitimate areas of interest of the
IRS, and which crossed the line into unconstitutionality and perhaps
illegality.
Ms.
Lerner told the Committee in an opening statement that Committee members have
already accused her of providing false information to Congress. However, she
said, “I have not done anything wrong. I have not broken any laws. I have not
violated any IRS rules or regulations. And I have not provided false
information to this or any other congressional committee.”
Having
thus stated the case for her innocence, she then invoked Fifth Amendment
protections against incriminating herself, and refused to answer any questions.
Translation:
"I did nothing wrong, but I won't answer any questions that might show
that I did something wrong."
Committee
chairman Rep. Darrell Issa (R-Calif.) asked her to reconsider, and when she
refused he then dismissed her and her attorney from the hearing room. However,
Rep. Trey Gowdy (R-S.C.) objected, pointing out that since Ms. Lerner actually
testified by making an opening statement, she should have to stay and answer
the lawmakers' questions.
"You
don't get to tell your side of the story and then not be subjected to
cross-examination," Rep. Gowdy said. "That's not the way it works.
She waived her right to Fifth Amendment privilege by issuing an opening
statement. She ought to stand here and answer our questions," he said.
Ms.
Lerner was ultimately dismissed, but with the caveat that she may be recalled.
Better late than never, on Thursday she was suspended from her job. With pay.
This
is not the first time the long-time federal employee has been suspected of
questionable behavior. When she headed the Enforcement Office at the Federal
Election Commission (FEC) from 1986 until 2001, there appeared to be politically
motivated harassment of conservative groups not unlike what the IRS did. In the late 1990s, the FEC launched an
investigation of the Christian Coalition that ultimately cost the organization
hundreds of thousands of dollars and countless hours of lost work.
However,
in addition to failing to prove that the Coalition did anything wrong is the
question of whether the FEC even had authority to assert the charges it leveled
against the Coalition, which was absolved of any wrongdoing in 1999. Following
this suspicious investigation Ms. Lerner was promoted to acting General Counsel
at the FEC in 2001.
Next
to testify was Douglas Shulman, who was appointed by George W. Bush and headed
the IRS during the first Obama term. In 2012 he testified before the Committee,
saying, "As you know, we pride ourselves in being a non-political,
non-partisan organization." He continued, "There is absolutely no
political targeting." We now know that was clearly untrue.
In
last week's appearance Mr. Shulman denied that he had discussed targeting
conservative groups with anyone at the White House in any of the more than 100
times he visited the White House complex between 2010 and 2011. “It would not have been appropriate to have a
conversation with anyone at the White House about the subject of discriminating
against conservative groups,” he said.
When
asked if he could recall the nature of any of those visits, Mr. Shulman
responded, "The Easter Egg Roll with my kids." Seriously.
In
response to questioning from Rep. Tammy Duckworth (D-Ill.), Mr. Shulman
replied: "I accept the fact that this happened on my watch and I am very
sorry that this happened while I was at the IRS. I feel horrible about this for
the agency, for the people there, for the great public servants. I am not sure
what else I can say." He could have overtly taken responsibility for his
agency's malfeasance while he headed it, and apologized to the victims, but he
didn't.
Ms.
Duckworth, a military veteran, said that she was "deeply
disappointed" by his response, explaining that soldiers serving their
country know "you can never delegate responsibility and that you are
always responsible for the performance, the training, the actions of the men
and women under you."
Former
President Harry Truman had a sign on his desk that read: "The Buck Stops
Here." This is a concept foreign to many in this administration. But it is
the law of leadership, whether at the department level, or at the chief
executive level: Whatever happens on your watch is your responsibility.
Maybe
actually holding people accountable for their mismanagement through firings and
prosecution will wake up sleeping bureaucrats like Ms. Lerner and Mr. Shulman,
and restore the idea of "service" to public service.