Wintery Knight

…integrating Christian faith and knowledge in the public square

IRS fascist Lois Lerner pleads the fifth to avoid transparency and accountability

The UK Daily Mail reports.

Excerpt:

The Los Angeles Times reported Tuesday afternoon that Lois Lerner, who heads up the Internal Revenue Service’s tax-exempt division, plans to invoke the Fifth Amendment to the U.S. Constitution in a hearing Wednesday before the House Committee on Oversight and Government Affairs.

The Fifth Amendment provides that U.S. citizens may not be compelled to offer testimony if telling the truth would incriminate them.

Lerner’s defense lawyer, William W. Taylor III, wrote to the committee on Tuesday that his client would refuse to answer questions related to what she knew about the extra levels of scrutiny applied to conservative nonprofit organizations that applied for tax-exempt status beginning in 2010.

She also will decline to say why she didn’t disclose what she knew to Congress, according to the LA Times.

[...]The IRS applied special criteria to conservative organizations seeking tax-exempt status, putting them on a ‘Be On The Lookout’ (BOLO) list, based on the groups’ names and political philosophies.

[...]Jay Carney, the president’s chief spokesman, confirmed Monday that senior White House staff, including White House Counsel Kathy Ruemmler and Chief of Staff Denis McDonough, knew about the IRS’s habits as early as April 24, and chose not to tell Obama.

The Inspector General report found that Lerner and other IRS were notified in or before June 2011 that some staff in the agency’s Cincinnati, Ohio office were using ‘tea party,’ ‘patriots’ and other key words to add applicants to the BOLO list.

Once on that list, the groups were subjected to additional auditing of their financial practices, their membership and their political activities.

Despite knowing about the program, Lerner and other senior IRS staffers withheld the information from Congress despite receiving several requests from House committees whose members heard from constituents that their tea party groups’ tax-exempt approvals were taking as long as two years to be resolved.

The House Oversight and Government Affairs Committee was among those that specifically asked the IRS whether it was inspecting tea party groups more closely than other applicants, including those on the political left.

Pleading the 5th is standard operating procedure for gangsters and mobsters who have committed crimes but do not want to be held accountable.

The Weekly Standard reports that she has a history of harassing and bullying Christians and conservatives. (H/T Director Blue)

Excerpt:

[P]rior to joining the IRS, Lerner’s tenure as head of the Enforcement Office at the Federal Election Commission (FEC) was marked by what appears to be politically motivated harassment of conservative groups.

Lerner was appointed head of the FEC’s enforcement division in 1986 and stayed in that position until 2001. In the late 1990s, the FEC launched an onerous investigation of the Christian Coalition, ultimately costing the organization hundreds of thousands of dollars and countless hours in lost work. The investigation was notable because the FEC alleged that the Christian Coalition was coordinating issue advocacy expenditures with a number of candidates for office. Aside from lacking proof this was happening, it was an open question whether the FEC had the authority to bring these charges.

James Bopp Jr., who was lead counsel for the Christian Coalition at the time, tells THE WEEKLY STANDARD the Christian Coalition investigation was egregious and uncalled for. “We felt we were being singled out, because when you handle a case with 81 depositions you have a pretty good argument you’re getting special treatment. Eighty-one depositions! Eighty-one! From Ralph Reed’s former part-time secretary to George H.W. Bush. It was mind blowing,” he said.

All told the FEC deposed 48 different people—and that doesn’t begin to account for all the FEC’s requests for information. Bopp further detailed the extent of the inquiry in testimony delivered before the congressional Committee on House Administration in 2003:

The FEC conducted a large amount of paper discovery during the administrative investigation and then served four massive discovery requests during the litigation stage that included 127 document requests, 32 interrogatories, and 1,813 requests for admission. Three of the interrogatories required the Coalition to explain each request for admission that it did not admit in full, for a total of 481 additional written answers that had to be provided. The Coalition was required to produce tens of thousands of pages of documents, many of them containing sensitive and proprietary information about finances and donor information. Each of the 49 state affiliates were asked to provide documents and many states were individually subpoenaed. In all, the Coalition searched both its offices and warehouse, where millions of pages of documents are stored, in order to produce over 100,000 pages of documents.

Furthermore, nearly every aspect of the Coalition’s activities has been examined by FEC attorneys from seeking information regarding its donors to information about its legislative lobbying. The Commission, in its never-ending quest to find the non-existent “smoking gun,” even served subpoenas upon the Coalition’s accountants, its fundraising and direct mail vendors, and The Christian Broadcasting Network.

One of the most shocking things about the current IRS scandal is the revelation that the agency asked one religious pro-life group to detail the content of their prayers and asked clearly inappropriate questions about private religious activity. But under Lerner’s watch, inappropriate religious inquiries were a hallmark of the FEC’s interrogation of the Christian Coalition. According to Bopp’s testimony:

FEC attorneys continued their intrusion into religious activities by prying into what occurs at Coalition staff prayer meetings, and even who attends the prayer meetings held at the Coalition. This line of questioning was pursued several times. Deponents were also asked to explain what the positions of “intercessory prayer” and “prayer warrior” entailed, what churches specific people belonged, and the church and its location at which a deponent met Dr. Reed.

One of the most shocking and startling examples of this irrelevant and intrusive questioning by F EC attorneys into private political associations of citizens occurred during the administrative depositions of three pastors from South Carolina. Each pastor, only one of whom had only the slightest connection with the Coalition, was asked not only about their federal, state and local political activities, including party affiliations, but about political activities that, as one FEC attorney described as “personal,” and outside of the jurisdiction of the FECA [Federal Election Campaign Act]. They were also continually asked about the associations and activities of the members of their congregations, and even other pastors.

Too bad that the federal anti-bullying laws don’t apply to secular leftist fascists in government.

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CBS News reporter Sharyl Atkisson has had her computers broken into

Reported on the leftist Politico web site. (H/T Bad Blue)

Full text:

Sharyl Attkisson, the Emmy-award winning CBS News investigative reporter, says that her personal and work computers have been compromised and are under investigation.

“I can confirm that an intrusion of my computers has been under some investigation on my end for some months but I’m not prepared to make an allegation against a specific entity today as I’ve been patient and methodical about this matter,” Attkisson told POLITICO on Tuesday. “I need to check with my attorney and CBS to get their recommendations on info we make public.”

In an earlier interview with WPHT Philadelphia, Attkisson said that though she did not know the full details of the intrusion, “there could be some relationship between these things and what’s happened to James [Rosen],” the Fox News reporter who became the subject of a Justice Dept. investigation after reporting on CIA intelligence about North Korea in 2009.

On Sunday, The Washington Post reported that the Justice Dept. had searched Rosen’s personal e-mails and tracked his visits to the State Dept. The court affadavit described Rosen as “at the very least, either as an aider, abettor and/or co-conspirator” of his government source, presumably because he had solicited classified information from that source — an argument that has been heavily criticized by other journalists.

Attkisson told WPHT that irregular activity on her computer was first identified in Feb. 2011, when she was reporting on the Fast and Furious gun-walking scandal and on the Obama administration’s green energy spending, which she said “the administration was very sensitive about.” Attkisson has also been a persistent investigator of the events surrounding last year’s attack in Benghazi, and its aftermath.

Normally reliable leftist Juan Williams is now saying that Obama has “CRIMINALIZED JOURNALISM“. (H/T Bad Blue)

Check it out:

STEVE DOOCY: A new twist in the federal government’s probe of American journalists. The Department of Justice wasn’t just targeting the Associated Press. Apparently it also went after Fox News reporter, our very own James Rosen. They tracked Rosen’s comings and goings and secretly obtained copies of his personal e-mail to build a case against one of his sources. Has the Department of Justice finally crossed a line? Joining us now, Fox News contributor Juan Williams. Good morning.

JUAN WILLIAMS: Good morning.

DOOCY: You know, it’s one thing to go after the leaker. It’s another to go after the reporter who gets the leaked information.

WILLIAMS: It really is. I think what you’ve got here is a situation where somehow now journalism has been criminalized, especially in this Rosen case. There is just no justification for somehow making out that the reporter who is trying to cultivate a source by doing so is a coconspirator in terms of a leaks investigation. I have never heard that before, never seen that before. It’s never been done before.

GRETCHEN CARLSON: Well, I have a couple of questions for you, Juan. First of all, the judge had to sign off on this in seeing James Rosen as a criminal. That’s point one. Who’s the judge? Number two is how many other reporters are currently being followed with their comings and goings and their personal e-mail and their phone conversations?

WILLIAMS: Gretchen, I don’t know the answer to the first question about who is the judge. Clearly what the prosecutor and justice department did in signing off on the request for the subpoena was to support the idea that because Rosen had encouraged Stephen Kim, the state department official, to confess or to reveal information about the North Korean nuclear program, he was in a sense a coconspirator, and on that basis then they went after James Rosen’s correspondence, e-mails, his comings and goings. They tracked his badge as he went in and out of the State Department and also phone records, you know, cell phone records and that kind of treatment of a reporter who is certainly doing journalism. I want to emphasize that; that’s the craft we practice. It makes it difficult for journalists to do business. How do you do journalism if you are treated as a criminal for asking for information? 

And more:

DOOCY: The thing about this is the fact that this administration, this president hates leaks, and now, given what’s happening, a lot of people are going to clam up, and they are simply not going to tell the story that needs to get out.

WILLIAMS: That’s the thing. You know, it’s one thing to go after legitimate leaks that endanger national security. It’s another thing to say somebody reporting a story — and I don’t think the story had any grave national security implications — is a criminal. The second thing is to specifically target the reporter and the organization, even though he wasn’t charged with any crime, the idea that he is listed as a co-conspirator is chilling to people who would leak and to reporters who pursue stories in Washington. 

Is this a small scandal? Well, people today are typically more interested in things like TV and movies and music. They’re not paying attention and they just trust Obama to do the right thing, because that’s what they learned in government-run schools: big government good, liberty bad. But for anyone who cares about the Big Picture and the American Experiment, the actions of the Obama administration constitute a serious threat to the core of the Republic.

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A closer look at one of the conservatives persecuted by the fascist IRS

From National Review, a true story of the IRS persecuting a conservative group. (H/T ECM)

Excerpt:

Catherine Engelbrecht’s tale has all the markings of a classic conspiracy theory: She says she thinks that because of her peaceful political activity, she and her family was targeted for scrutiny by hostile federal agencies.

Yet as news emerges that the Internal Revenue Service wielded its power to obstruct conservative groups, Catherine’s story becomes credible — and chilling. It also raises questions about whether other federal agencies have used their executive powers to target those deemed political enemies.

[...]In July 2010, Catherine filed with the IRS seeking tax-exempt status for her organizations. Shortly after, the troubles began.

That winter, the Federal Bureau of Investigation came knocking with questions about a person who had attended a King Street Patriots event once. Based on sign-in sheets, the organization discovered that the individual in question had attended an event, but “it was a come-and-go thing,” and they had no further information on hand about him. Nevertheless, the FBI also made inquiries about the person to the office manager, who was a volunteer.

The King Street Patriots weren’t the only ones under scrutiny. On January 11, the IRS visited the Engelbrechts’ shop and conducted an on-site audit of both their business and their personal returns, Catherine says.

“What struck us as odd about that,” she adds,”is the lengths to which the auditor went to try to “” it seemed like “” to try to find some error….She wanted to go out and see [our] farm, she wanted to count the cattle, she wanted to look at the fence line. It was a very curious three days. She was as kind as she could be, and she was doing her job…[but] it was strange.”

Bryan adds: “It was kind of funny to us. I mean, we weren’t laughing that much, but we knew we were squeaky clean. Our CPA’s a good guy. And who says God doesn’t have a sense of humor: I got a little bit of a refund.”

Two months later, the IRS initiated the first round of questions for True the Vote. Catherine painstakingly answered them, knowing that nonprofit status would help with the organization’s credibility, donors, and grant applications. In October, the IRS requested additional information. And whenever Catherine followed up with IRS agents about the status of True the Vote’s application, “there was always a delay that our application was going to be up next, and it was just around the corner,” she says,

As this was occurring, the FBI continued to phone King Street Patriots. In May 2011, agents phoned wondering “how they were doing.” The FBI made further inquiries in June, November, and December asking whether there was anything to report.

The situation escalated in 2012. That February, True the Vote received a third request for information from the IRS, which also sent its first questionnaire to King Street Patriots. Catherine says the IRS had “hundreds of questions “” hundreds and hundreds of questions.” The IRS requested every Facebook post and Tweet she had ever written. She received questions about her family, whether she’d ever run for political office, and which organizations she had spoken to.

“It’s no great secret that the IRS is considered to be one of the more serious [federal agencies],” Catherine says. “When you get a call from the IRS, you don’t take it lightly. So when you’re asked questions that seem to imply a sense of disapproval, it has a very chilling effect.”

On the same day they received the questions from the IRS, Catherine says, the Bureau of Alcohol, Tobacco, Firearms and Explosives (ATF) launched an unscheduled audit of their machine shop, forcing the Engelbrechts to drop everything planned for that day. Though the Engelbrechts have a Class 7 license, which allows them to make component parts for guns, they do not manufacture firearms. Catherine said that while the ATF had a right to conduct the audit, “it was odd that they did it completely unannounced, and they took five, six hours….It was so extensive. It just felt kind of weird.”

That was in February. In July, the Occupational Safety and Health Administration paid a visit to Engelbrecht Manufacturing while Bryan, Catherine, and their children were out of town. The OSHA inspector talked with the managerial staff and employees, inspecting the premises minutely. But Bryan says the agent found only “little Mickey Mouse stuff, like, “˜You have safety glasses on, but not the right kind; the forklift has a seatbelt, but not the right kind.’” Yet Catherine and Bryan said the OSHA inspector complimented them on their tightly run shop and said she didn’t know why she had been sent to examine it.

Not long after, the tab arrived. OSHA was imposing $25,000 in fines on Engelbrecht Manufacturing. They eventually worked it down to $17,500, and Bryan says they may have tried to contest the fines to drive them even lower, but “we didn’t want to make any more waves, because we don’t know [how much further] OSHA could reach.”

“Bottom line is, it hurt,” he says. Fifteen thousand dollars is “not an insignificant amount to this company. It might be to other companies, but we’re still considered small, and it came at a time when business was slow, so instead of giving an employee a raise or potentially hiring another employee, I’m writing a check to our government.”

A few months later, True the Vote became the subject of congressional scrutiny. In September, Senator Barbara Boxer (D., Calif.) wrote to Thomas Perez, then the assistant attorney general of the civil rights division at the Department of Justice (who has now been nominated for labor secretary). “As you know, an organization called “˜True the Vote,’ which is an offshoot of the Tea Party, is leading a voter suppression campaign in many states,” Boxer wrote, adding that “this type of intimidation must stop. I don’t believe this is “˜True the Vote.’ I believe it’s “˜Stop the Vote.’”

And in October, Representative Elijah Cummings (D., Md.), the ranking minority member of the House Committee on Oversight and Government Reform, attacked True the Vote in a letter. He wrote that “some have suggested that your true goal is not voter integrity, but voter suppression against thousands of legitimate voters who traditionally vote for Democratic candidates.” He added that: “If these efforts are intentional, politically motivated, and widespread across multiple states, they could amount to a criminal conspiracy to deny legitimate voters their constitutional rights.” He also decried True the Vote on MSNBC and CNN.

Catherine now says that she “absolutely” thinks that because she worked against voter fraud, the Left was irked and decided to target her.

The next month, in November 2012, the Texas Commission on Environmental Quality, the state’s environmental agency, showed up for an unscheduled audit at Engelbrecht Manufacturing. Catherine says the inspector told her the agency had received a complaint but couldn’t provide any more details. After the inspection, the agency notified the Engelbrechts that they needed to pay for an additional mechanical permit, which cost about $2,000 per year.

Since then, the IRS has sent two further rounds of questions to Catherine for her organizations. And last month, the ATF conducted a second unscheduled audit at Engelbrecht Manufacturing.

Catherine says she still hasn’t received IRS approval for her nonprofits, though she filed nearly three years ago. And “the way all of these personal instances interweave with what was going on on the nonprofit side…it amounts to something. You can’t help but think that statistically, this has to be coordinated on some level.”

And that’s what the Obama administration has been up to behind closed doors over the last few years.

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Obama met with anti-Tea Party IRS Union boss one day before the IRS persecutions began

Newsbusters reports on this incredible scoop by the American Spectator.

Excerpt:

Jeffrey Lord at the American Spectator has reviewed the White House logs looking for a relationship between meetings listed there and the timeline found in the Inspector General’s report on the targeting of Tea Party and conservative groups issued last Tuesday. Lord’s work represents yet another example of alternative media scooping a lazy or negligent establishment press.

What Lord has found (single-page print version) is that President Barack Obama met with the President of the National Treasury Employees Union Colleen Kelley, on March 31, 2010. The NTEU is “the 150,000 member union that represents IRS employees along with 30 other separate government agencies.” The Inspector General’s report, blandly titled “Inappropriate Criteria Were Used to Identify Tax-Exempt Applications for Review,” indicates that the IRS, in Lord’s words, “set to work in earnest targeting the Tea Party and conservative groups around America” the very next day. Lord’s work is a mandatory read-the-whole-thing item. Excerpts follow the jump (bolds are mine throughout this post):

Obama and the IRS: The Smoking Gun?President met with anti-Tea Party IRS union chief the day before agency targeted Tea Party.

… According to the White House Visitors Log … the president of the anti-Tea Party National Treasury Employees Union, Colleen Kelley, visited the White House at 12:30pm that Wednesday noon time of March 31st.

… The very next day after her White House meeting with the President, according to the Treasury Department’s Inspector General’s Report, IRS employees — the same employees who belong to the NTEU — set to work in earnest targeting the Tea Party and conservative groups around America. The IG report wrote it up this way:

April 1-2, 2010: The new Acting Manager, Technical Unit, suggested the need for a Sensitive Case Report on the Tea Party cases. The Determinations Unit Program Manager Agreed.

In short: the very day after the president of the quite publicly anti-Tea Party labor union — the union for IRS employees — met with President Obama, the manager of the IRS “Determinations Unit Program agreed” to open a “Sensitive Case report on the Tea party cases.”

… The IG report contained a timeline prepared by examining internal IRS e-mails. The IG report did not examine White House Visitor Logs, e-mails, or phone records relating to the relationship between the IRS union, the IRS, and the White House.

… (the) 12:30 Wednesday, March 31, 2010 meeting between President Obama and the IRS union’s Kelley was not unusual.

On yet another occasion, Kelley’s presence at the White House was followed shortly afterwards by the President issuing Executive Order 13522. A presidential directive that gave the anti-Tea Party NTEU — the IRS union — a greater role in the day-to-day operation of the IRS than it had already — which was considerable.

… Six days following Kelley’s attendance at the White House Christmas party with labor activists like herself, the President issued Executive Order 13522 (text found here, with an explanation here). The Executive Order, titled: “Creating Labor-Management Forums To Improve Delivery of Government Services” applied across the federal government and included the IRS. The directive was designed to:

Allow employees and unions to have pre-decisional involvement in all workplace matters….

However else this December 2009 Executive Order can be described, the directive was a serious grant of authority within the IRS to the powerful anti-Tea Party union.

Lord raises compelling “What did the President know and when did he know it?” questions. Read the whole thing for the matters he raises.

Read the full article here on the American Spectator.

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Obama administration spied on Fox News reporter’s e-mails and phone calls

Twitchy has everything linked here. And UPDATE: THREE Fox News reporters, including MEGYN KELLY were targeted.

Here’s a quick snapshot of what happened from radically left-wing UK Guardian, of all places: (links removed)

Fox News chief Washington correspondent James Rosen had his emails read by the Obama DOJ, which accused him of being a co-conspirator in a criminal leak case.

It is now well known that the Obama justice department has prosecuted more government leakers under the 1917 Espionage Act than all prior administrations combined - in fact, double the number of all such prior prosecutions. But as last week’s controversy over the DOJ’s pursuit of the phone records of AP reporters illustrated, this obsessive fixation in defense of secrecy also targets, and severely damages, journalists specifically and the newsgathering process in general.

New revelations emerged yesterday in the Washington Post that are perhaps the most extreme yet when it comes to the DOJ’s attacks on press freedoms. It involves the prosecution of State Department adviser Stephen Kim, a naturalized citizen from South Korea who was indicted in 2009 for allegedly telling Fox News’ chief Washington correspondent, James Rosen, that US intelligence believed North Korea would respond to additional UN sanctions with more nuclear tests – something Rosen then reported. Kim did not obtain unauthorized access to classified information, nor steal documents, nor sell secrets, nor pass them to an enemy of the US. Instead, the DOJ alleges that he merely communicated this innocuous information to a journalist – something done every day in Washington – and, for that, this arms expert and long-time government employee faces more than a decade in prison for “espionage”.

The focus of the Post’s report yesterday is that the DOJ’s surveillance of Rosen, the reporter, extended far beyond even what they did to AP reporters. The FBI tracked Rosen’s movements in and out of the State Department, traced the timing of his calls, and – most amazingly – obtained a search warrant to read two days worth of his emails, as well as all of his emails with Kim. In this case, said the Post, “investigators did more than obtain telephone records of a working journalist suspected of receiving the secret material.” It added that “court documents in the Kim case reveal how deeply investigators explored the private communications of a working journalist”.

But what makes this revelation particularly disturbing is that the DOJ, in order to get this search warrant, insisted that not only Kim, but also Rosen – the journalist – committed serious crimes. The DOJ specifically argued that by encouraging his source to disclose classified information – something investigative journalists do every day – Rosen himself broke the law. Describing an affidavit from FBI agent Reginald Reyes filed by the DOJ, the Post reports [emphasis added]:

“Reyes wrote that there was evidence Rosen had broken the law, ‘at the very least, either as an aider, abettor and/or co-conspirator’. That fact distinguishes his case from the probe of the AP, in which the news organization is not the likely target. Using italics for emphasis, Reyes explained how Rosen allegedly used a ‘covert communications plan’ and quoted from an e-mail exchange between Rosen and Kim that seems to describe a secret system for passing along information. . . . However, it remains an open question whether it’s ever illegal, given the First Amendment’s protection of press freedom, for a reporter to solicit information. No reporter, including Rosen, has been prosecuted for doing so.”

Under US law, it is not illegal to publish classified information. That fact, along with the First Amendment’s guarantee of press freedoms, is what has prevented the US government from ever prosecuting journalists for reporting on what the US government does in secret. This newfound theory of the Obama DOJ – that a journalist can be guilty of crimes for “soliciting” the disclosure of classified information – is a means for circumventing those safeguards and criminalizing the act of investigative journalism itself. These latest revelations show that this is not just a theory but one put into practice, as the Obama DOJ submitted court documents accusing a journalist of committing crimes by doing this.

I find it amusing that the journalists on the left are just now realizing that the most left-wing President we have ever had is just like all the other left-wing leaders. He’s a fascist. Fascism is solely a phenomenon of the left. What fascism means is “big government”. To be on the right is to be for smaller government, free trade, and more liberty for families and individuals. That’s why fascism is only enacted by parties on the political left. Free-market capitalism means limited government.

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