June 2nd, 2013
10:14 AM ET
2 years ago

Issa: Cincinnati IRS employees say direction came from Washington

Updated 5:56 p.m. ET Sunday 6/2

(CNN) - In an exclusive interview Sunday on CNN's “State of the Union” with Candy Crowley, Republican Rep. Darrell Issa said interviews with workers in the Cincinnati IRS office show targeting of conservative groups was "a problem that was coordinated in all likelihood right out of Washington headquarters - and we're getting to proving it."

“My gut tells me that too many people knew this wrongdoing was going on before the election, and at least by some sort of convenient, benign neglect, allowed it to go on through the election,” he said. “I’m not making any allegations as to motive, that they set out to do it, but certainly people knew it was happening.”

A bipartisan group of investigators from two House committees – Ways and Means, and Government Reform and Oversight – interviewed two front-line employees from the tax-exempt office last week.

One of the employees hit back against accusations that lower-level employees were responsible for the scrutiny of conservative groups seeking tax-exempt status in 2010, telling congressional investigators that the Ohio employees were being “thrown underneath the bus.”

A second "more senior" Cincinnati IRS employee said they began seeking other jobs when they were assigned to look out for applications from tea party groups, because they felt it was inappropriate.

According to excerpts released to CNN by the oversight committee, one of the employees said their supervisor told them the direction to single out conservative groups came from the Washington headquarters in March 2010.

By April, seven hard-copy versions of applications had been sent to Washington, the employee said. In addition, the employee said Washington had requested part of an application by two specific groups, though the excerpts do not disclose the names of those two groups.

Shortly after news of the scandal broke and IRS Commissioner Steven Miller announced his resignation, the IRS said two "rogue" employees in the agency's Cincinnati office were principally responsible for the "overly aggressive" handling of requests by groups with the words “tea party” and “patriot” in their names, a congressional source told CNN.

Issa’s committee released only excerpts and not the full transcripts of the interviews, citing the fact that the investigation is ongoing. CNN asked for the full transcripts, but the committee did not agree to the request. CNN has not seen the full transcripts or the context of the questions and answers.

Read the excerpts below.

However, Rep. Elijah Cummings, ranking member on the House oversight committee, described Issa's remarks based on the interviews as "reckless" and "unsubstantiated."

“So far, no witnesses who have appeared before the Committee have identified any IRS official in Washington DC who directed employees in Cincinnati to use ‘tea party’ or similar terms to screen applicants for extra scrutiny," Cummings said in a statement.

"Chairman Issa’s reckless statements today are inconsistent with the findings of the Inspector General, who spent more than a year conducting his investigation," he continued. "Rather than lobbing unsubstantiated conclusions on national television for political reasons, we need to work in a bipartisan way to follow the facts where they lead and ensure that the IG’s recommendations are fully implemented."

Cummings' spokeswoman Jennifer Hoffman said it was not "standard practice" for the majority in the committee to keep the transcripts rather than share it with the minority.

"The standard practice would have been for them to provide the transcripts to us when they got them. We have requested them, but have not gotten them," she said.

Issa said the full transcripts would be made public, and he has also subpoenaed the administration for more documents that he says will support claims made in the employee interviews. “As we get those documents ... we will learn the whole truth,” he said.

The oversight committee clarified after the interview that subpoenas have not been issued to the IRS.

For now, however, he has not said he has evidence to verify there was a direct link between Washington and the over-scrutinizing of tea party groups. But he points to the interview, in which one of the employees named an IRS attorney in Washington, D.C. (the name was redacted in the excerpts), who was heavily involved in the process of applying further scrutiny to conservative groups. The employee expressed frustration with the attorney’s “micromanagement,” according to the excerpts.

Citing the decision by IRS tax exempt director Lois Lerner to plead the Fifth in her recent congressional hearing appearance, Issa said “This is a problem that's coordinated in all likelihood right out of Washington headquarters, and we're getting to proving it. We have 18 more transcribed interviews.”

As the IRS began to disclose information about its admitted mistake, Lerner told reporters that the Cincinnati office, which handles the tax-exempt applications, was overwhelmed with applications in 2010 and began funneling documents from conservative groups into a file that called for further review as a “shortcut,” chalking it up to more of a clerical error.

"It was an error in judgment and it wasn't appropriate," Lerner said May 10 on a conference call with reporters. "But that's what they did."

But two Democratic congressional sources involved in the IRS investigation told CNN's Dana Bash that Issa's characterization of the interviews is misleading.

Their impression from the Cincinnati employees was that the Washington connection the employees were referring to were tax attorney specialists. These individuals answer questions from the tax-exempt division in Ohio about what level of political activity is acceptable for 501(c)(4) status, the sources said.

The tax attorneys work in what is known as the EO Technical Unit–which is in Washington.

According to the sources, an employee identified a tea party case in February 2010 with a problem: The group had checked the box saying it engaged in political activity, but the line agent was not sure how much political activity was allowed for tax exempt status.

(IRS rules dictate that tax exempt groups are allowed to do some type of political advocacy as long as social welfare is their primary activity.)

The employee's question was sent up through the line to Washington, the sources said, where the tax attorney experts were asked to develop future guidance to answer that question, as multiple tea party groups were beginning to take shape in 2010.

The Democratic sources said that's why Washington asked for more cases, like in the example of the Cincinnati employee who was asked to send two specific cases.

However, the sources maintained this was not when the actual targeting began, nor who did it. They're hoping to get more answers in interviews with two other employees next week.

When pressed by reporters in briefings last month, White House Press Secretary Jay Carney–whom Issa referred to as a "paid liar"–reiterated the IRS statement that the activity came from line employees in the Cincinnati office.

Asked by the congressional investigators about the allegations, one employee said, “It’s impossible.”

“As an agent we are controlled by many, many people. We have to submit many, many reports. So the chance of two agents being rogue and doing things like that could never happen,” the employee said.

Further pressed to give a reaction to reports that the blame lies within the Cincinnati office, the employee said: “Well, it's hard to answer the question, because in my mind I still hear people saying we were low-level employees, so we were lower than dirt, according to people in D.C. So, take it for what it is.”

The employee maintained that the office was following directions from Washington. Asked again if the directions to single out tea party applications specifically came from Washington, the employee gave a less certain answer, saying, “I believe so.”

The "more senior" employee told the investigators they were searching for another job in July 2010 after feeling uncomfortable with the task.

“The subject area was extremely sensitive and it was something that I didn't want to be associated with,” the employee said.

Ultimately, Issa said, the employees shouldn’t get a pass.

“Ethically, they clearly knew this was wrong. They should have become whistle-blowers. They should have done something on behalf of the American people,” he said.

The IRS has told House GOP investigators it has identified 88 IRS employees who may have documents relevant to the congressional investigation into targeting of conservative groups.

The agency has so far missed two deadlines to provide documents requested by Congress, but said in a statement Friday that the new acting commissioner, Danny Werfel, is “moving aggressively and taking the data requests very seriously.”

“As a precautionary measure, the IRS is casting a wide net to capture any potentially related materials. Our goal is to be exceedingly thorough during this process to ensure we identify any and all pertinent records," the IRS statement said. "The IRS has received numerous congressional requests involving an extensive set of questions and calls for data. Responding to these requests is a top priority for us. We have been in contact with committee staff, and we continue to provide them updates as we diligently work through these requests."

Read the excerpts below:

One Cincinnati IRS employee interviewed by the Oversight Committee rejects the White House assertion (that the Cincinnati office was responsible) and points to Washington as being responsible for targeting effort (from 5/30 interview):

Q In early 2010, was there a time when you became aware of applications that referenced Tea Party or other conservative groups?
A In March of 2010, I was made aware.

******

Q Okay. Now, was there a point around this time period when [your supervisor] asked you to do a search for similar applications?
A Yes.
Q To the best of your recollection, when was this request made?
A Sometime in early March of 2010.
******
Q Did [your supervisor] give you any indication of the need for the search, any more context?
A He told me that Washington, D.C., wanted some cases.

******

Q So as of April 2010, these 40 cases were held at that moment in your group; is that right?
A Some were.
Q How many were held there?
A Less than 40. Some went to Washington, D.C.
Q Okay. How many went to Washington, D.C.?
A I sent seven.

******

Q So you prepared seven hard copy versions of the applications to go to Washington, D.C.?
A Correct.

******

Q Did he give you any sort of indication as to why he requested you to do that?
[…]
A He said Washington, D.C. wanted seven. Because at one point I believe I heard they were thinking 10, but it came down to seven. I said okay, seven.
Q How did you decide which seven were sent?
A Just the first seven.
Q The first seven to come into the system?
A Yes.

*****

Q Did anyone else ever make a request that you send any cases to Washington?
A [Different IRS employee] wanted to have two cases that she couldn't ¬¬ Washington, D.C. wanted them, but she couldn't find the paper. So she requested me, through an email, to find these cases for her and to send them to Washington, D.C.
Q When was this, what time frame?
A I don't recall the time frame, maybe May of 2010.

******

Q But just to be clear, she told you the specific names of these applicants.
A Yes.
Q And she told you that Washington, D.C. had requested these two specific applications be sent to D.C.
A Yes, or parts of them.

******

Q Okay. So she asked you to send particular parts of these applications.
A Mm¬hmm.
Q And that was unusual. Did you say that?
A Yes.
Q And she indicated that Washington had requested these specific parts of these specific applications; is that right?
A Correct.

******

Q So what do you think about this, that allegation has been made, I think as you have seen in lots of press reports, that there were two rogue agents in Cincinnati that are sort of responsible for all of the issues that we have been talking about today. What do you think about those allegations?
[…]
A It's impossible. As an agent we are controlled by many, many people. We have to submit many, many reports. So the chance of two agents being rogue and doing things like that could never happen.

******

Q And you've heard, I'm sure, news reports about individuals here in Washington saying this is a problem that was originated in and contained in the Cincinnati office, and that it was the Cincinnati office that was at fault. What is your reaction to those types of stories?
[…]
A Well, it's hard to answer the question because in my mind I still hear people saying we were low¬level employees, so we were lower than dirt, according to people in D.C. So, take it for what it is. They were basically throwing us underneath the bus.

******

Q So is it your perspective that ultimately the responsible parties for the decisions that were reported by the IG are not in the Cincinnati office?
A I don't know how to answer that question. I mean, from an agent standpoint, we didn't do anything wrong. We followed directions based on other people telling us what to do.
Q And you ultimately followed directions from Washington; is that correct?
A If direction had come down from Washington, yes.
Q But with respect to the particular scrutiny that was given to Tea Party applications, those directions emanated from Washington; is that right?
A I believe so.

And another more senior IRS Cincinnati employee complained about micromanagement from D.C.:

Q But you specifically recall that the BOLO terms included "Tea Party?"
A Yes, I do.
Q And it was your understanding ¬¬ was it your understanding that the purpose of the BOLO was to identify Tea Party groups?
A That is correct.
Q Was it your understanding that the purpose of the BOLO was to identify conservative groups?
A Yes, it was.
Q Was it your understanding that the purpose of the BOLO was to identify Republican groups?
A Yes, it was.

******

Q Earlier I believe you informed us that the primary reason for applying for another job in July [2010] was because of the micromanagement from [Washington, DC, IRS Attorney], is that correct?
A Right. It was the whole Tea Party. It was the whole picture. I mean, it was the micromanagement. The fact that the subject area was extremely sensitive and it was something that I didn't want to be associated with.
Q Why didn't you want to be associated with it?
A For what happened now. I mean, rogue agent? Even though I was taking all my direction from EO Technical, I didn't want my name in the paper for being this rogue agent for a project I had no control over.
Q Did you think there was something inappropriate about what was happening in 2010?
A Yes. The inappropriateness was not processing these applications fairly and timely.

******

Q You have stated you had concerns with the fairness and the timeliness of the application process. Did you have concerns with just the fact that these cases were grouped together and you were the only one handling them?
A I was the only one handling the Tea Party's, that is correct.
Q Did that specifically cause you concern?
A Yes, it did. And I was the only person handling them.
Q Were you concerned that you didn't have the capacity to process all of the applications in a timely manner?
A That is correct. And it is just ¬¬ I mean, like you brought up, the micromanagement, the fact that the topic was just weirdly handled was a huge concern to me.


Filed under: Darrell Issa • IRS
soundoff (572 Responses)
  1. Christian Grey

    So as I read through the comments I see who was paid by the left to come in here and cast doubt. If you can not see a problem with this administration trying to use government agencies to keep hold of power then tell what was wrong with Nixon? Get real this is not an attack on just the right this is an attack on all Americans and the way we surrender power to the next goverment

    June 3, 2013 08:09 am at 8:09 am |
  2. Richard

    I don't know who in Washington they mean. However, I do know that the director of the IRS visited the White House approximately once a week for nearly three years according to their visitor logs.

    June 3, 2013 08:13 am at 8:13 am |
  3. holam

    Will you are right, both sides do this and it should not be allowed. When the concservatives do this, (which I am), they need to be investigated also, why didn't the democrats do this?? I am not familar with this because during this time I was young and raising a family didn't have time to keep up. But I have said time and time that they ALL need to be held responsible. They work for US. I think they have forgotten that.

    June 3, 2013 08:15 am at 8:15 am |
  4. steve porter

    MY GUT tells me Issa is an arsonist.

    June 3, 2013 08:17 am at 8:17 am |
  5. courtobserver

    It would have been quite negative for the Obama campaign had Romney simply revealed ten years of tax returns when challenged or when Reid said Romney had not paid taxes in ten years. They all knew Romney's returns would have shown something embarrassing and that he would not produce them.
    If true, where, I wonder, did Reid and Obama's people get this confidential information? Seems obvious, now.

    June 3, 2013 08:18 am at 8:18 am |
  6. Peoples State of Illinois

    @Larry L

    @Dick Smegma

    Anyone who cannot see a scandal cannot connect dot.A.to dot B, and should not.be allowed to vote or reproduce.
    ====================
    Anyone who sees a scandal in every scenario is either paranoid or willfully attempting to harm our government. Every screw-up in management or operational decision-making is not a scandal. The motive behind the Republicans creating these sensationalized distortions of reality is political gain – not patriotic concern.
    -------–
    Just because you are paranoid, does not mean they are not out to get you. (bit of humor)

    June 3, 2013 08:24 am at 8:24 am |
  7. olepi

    This is why nobody listens to Issa.

    June 3, 2013 08:27 am at 8:27 am |
  8. Tom

    Why aren't we, as taxpayers, getting every penny of close to $50 million the IRS spent on 225 conferences, returned to us? Simply deduct the amount from each IRS participant's paycheck, until the full $50M is recovered.

    I mean, there must be a way to garnish paychecks; such instructions must be documented in some IRS manual, no?

    June 3, 2013 08:30 am at 8:30 am |
  9. Tooth Fairy

    I think the best thing that could happen on the right is to keep this in the spotlight and allow the left to hang themselves. Just reading these threads probably have many on the left assessing if they really are Democrats. Reading these threads sounds like childrem making excuses for doing wrong; Susie did it first, or sally did it more. Wake up adullts in the room.

    June 3, 2013 08:34 am at 8:34 am |
  10. oreo

    YUP –Government run amok This is the most corrupt Admin in US history, total thugs.

    June 3, 2013 08:40 am at 8:40 am |
  11. bobo

    Issa just wants the Truth! And so do we.....

    June 3, 2013 08:40 am at 8:40 am |
  12. Boo

    Did Issa explain why though he knew about this LAST YEAR, nothing was said or done about it?

    June 3, 2013 08:40 am at 8:40 am |
  13. John Martin

    So the logical answer is there was a wave of applications in 2010 after the Supreme Court ruling on corporations and political donations. Of course more of them are Tea Party in nature because they are trying to get into power. Any idiot
    knows that the Tea Party is nothing but a political organization so why shouldn't it undergo more scrutiny than a homeowner's association? We have already seen examples that the IRS slowed down some liberal groups as well.
    Our worthless Congress created all the rules, loopholes etc.....so if anyone should be taking the fall, it is whichever committee came up with these asinine rules. Organizations that are political in nature–regardless of party affiliation should not be tax exempt. Period. Good luck with any head rolling though–union rules prevent termination inanything but the most egregious offenses and we all know that no one in Congress will take the blame for the rules.

    June 3, 2013 08:43 am at 8:43 am |
  14. texasnotea

    Anyone who belongs to the republican party should be ashamed of what Issa has done.Just like when he was on Meet The Press two weeks ago and was caught in the same lie of saying something was true but it isn't. Reckless statements are what he and the republican party are famous for. This isn't anything new.

    June 3, 2013 08:48 am at 8:48 am |
  15. tjm07

    Washington has become a cesspool of corruption – the bigger the government, the less control it seems to have. This is clearly an argument that proves obama's growing of the federal government is wrong for the nation, wrong for the people, and wrong for the future.

    June 3, 2013 08:51 am at 8:51 am |
  16. LWJR

    Let's see if DEM ACTIVISTS working at IRS communicate to Washington? Check the Cell phone records. CSI CINCINNATI.

    June 3, 2013 08:55 am at 8:55 am |
  17. chet

    And why wasn't CNN on top of this story? Why did CNN and why does it still put it on small sections of news? CNN should be held complicit~!

    June 3, 2013 08:58 am at 8:58 am |
  18. Jim

    "This is a problem that's coordinated in all likelihood right out of Washington headquarters, and we're getting to proving it."

    Hey Issa, here is a novel idea: trying getting the facts BEFORE you state your conclusion.

    June 3, 2013 08:58 am at 8:58 am |
  19. notagin

    The reichstag is burning.

    June 3, 2013 08:59 am at 8:59 am |
  20. h mack

    Fact; IRS targeted groups based on political belief/ affiliation. Fact: Bengazi caused 4 American deaths including the Ambassador and obamagod did not send help (He is the only one empowered to send help, the only one). Fact; Kathleen Seblies, head of the HHS, solicited "dontaions" from the very groups she over sees to fund obamacare ad's. Fact; Eric Holder orcastrated the illegal wire tapping of reporters and many members of congress. Culture of corruption? you bet it is. Liberals like to site previous leaders faults and fail to see the evil of this one. NO change, No hope.

    June 3, 2013 09:00 am at 9:00 am |
  21. notagin

    The reichstag is burning

    June 3, 2013 09:01 am at 9:01 am |
  22. Lib

    Wow! this article proves that Issa is a LIAR just like the other repbubs. THere should be an investigation into his background to see if he should be holding this position. Issa seems like a crazy fanatic.

    June 3, 2013 09:01 am at 9:01 am |
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