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Thread: Trump Administration Will Not Prosecute Lois Lerner

  1. #1

    Trump Administration Will Not Prosecute Lois Lerner

    Trump Administration Will Not Prosecute Lois Lerner

    https://www.fedmanager.com/columns/f...09a6-126314989

    This week, the Department of Justice announced that the Trump Administration still has no plans to prosecute Lois Lerner, the former director of the IRS' Exempt Organizations Unit, who became the face of a public, contentious scandal in 2013.

    The announcement surprised and disappointed some Republican lawmakers.

    Lerner was accused of influencing her division to target conservative groups (including "Tea Party" groups) for audits of their tax-exempt status applications. She was ultimately called before the House Committee on Oversight and Government Reform, where she invoked her fifth amendment rights, and was declared in contempt of Congress.

    The case became the focus of national attention, with Republicans declaring Lerner emblematic of Obama efforts to punish political opponents and Democrats insisting the case largely amounted to a witch hunt intended to garner ratings.

    Republican lawmakers invested in the case, including House Ways and Means Committee Chairman Kevin Brady (R-TX), whose committee investigated the case and referred Lerner for prosecution, and Representative Peter Roskam, both of whom have suggested that, in deciding not to prosecute Lerner, the Department of Justice "was following President Obama's signal on how he wanted the investigation to be handled."

    As a result, last week's announcement by the Republican Trump Administration that it would not pursue charges was received as a stinging rebuke.

    The statement from the Department of Justice said the agency had "determined that reopening the criminal investigation would not be appropriate based on the available evidence."

    Rep. Brady said the decision indicates "the justice system in Washington is deeply flawed," and Roskam called DOJ's announcement a "miscarriage of justice" and an injury to democracy.

    But the DOJ states that, although "the Department's investigation uncovered substantial evidence of mismanagement at the IRS," it "had not uncovered evidence of criminal intent by any IRS official," presumably concluding the four-year-long effort to seek criminal charges in the case.
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    Senior Member Romans828's Avatar
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    Super Moderator Quest's Avatar
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    So discrimination against Christians is not illegal....hmmmmmmm

  5. #4
    At least now, the chances of the IRS of doing anything like that again probably is not going to happen - at least in the near future.
    This I say therefore, and testify in the Lord, that ye henceforth walk not as other Gentiles walk, in the vanity (futility) of their mind, having the understanding darkened...
    (Ephesians 4:17-18)

    Blessed is the man that walketh not in the counsel of the ungodly...
    (Psalm 1)

  6. #5
    Quote Originally Posted by GodismyJudge View Post
    At least now, the chances of the IRS of doing anything like that again probably is not going to happen - at least in the near future.
    True, but if it is not established that this behavior will never be tolerated then the next president (or, even the current one if he yields to the temptation of falling into the corruption of DC) will believe that they can use the strong arm of the IRS to punish political threats. Closing a blind eye to what Lerner did can cost us in the long term.

    But then again, so much crime has been done by so many people in DC (both known and unknown and under both parties) I guess DOJ and the courts would be too busy if they prosecuted them all.
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  8. #6
    Quote Originally Posted by victoryword View Post
    True, but if it is not established that this behavior will never be tolerated then the next president (or, even the current one if he yields to the temptation of falling into the corruption of DC) will believe that they can use the strong arm of the IRS to punish political threats. Closing a blind eye to what Lerner did can cost us in the long term.

    But then again, so much crime has been done by so many people in DC (both known and unknown and under both parties) I guess DOJ and the courts would be too busy if they prosecuted them all.
    Agreed. I had much the same thoughts, but I think that just even having exposed it will go along way towards people being on the lookout for such future behavior.
    This I say therefore, and testify in the Lord, that ye henceforth walk not as other Gentiles walk, in the vanity (futility) of their mind, having the understanding darkened...
    (Ephesians 4:17-18)

    Blessed is the man that walketh not in the counsel of the ungodly...
    (Psalm 1)

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  10. #7
    Quote Originally Posted by GodismyJudge View Post
    Agreed. I had much the same thoughts, but I think that just even having exposed it will go along way towards people being on the lookout for such future behavior.
    Good point
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  11. #8
    So if the Son sets you free, you will be free indeed. John's Avatar
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    Until the swamp is drained it is still a two-party crime syndicate. I don't think anyone wants to draw first blood because most of them (R & D) are severely compromised. They all have dirt on each other, it's a cess pool.

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  13. #9
    Quote Originally Posted by GodismyJudge View Post
    At least now, the chances of the IRS of doing anything like that again probably is not going to happen - at least in the near future.
    Well, if she was prosecuted, the chances would be even rarer! Lock 'er up!

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  15. #10
    The rules for determining tax-exempt status are ambiguous and therefore subject to selective and/or politically-motivated enforcement. The rules should be clarified and simplified, but frankly, I doubt that will happen.

    Examples: (from https://www.nonprofitrisk.org/resour...really-trying/)

    The lobbying criterion:
    When an organization contacts, or urges the public to contact, members or employees of a legislative body for the purpose of proposing, supporting, or opposing legislation, or when the organization advocates the adoption or rejection of legislation, it is lobbying. “501(c)(3) organizations are allowed to do some lobbying,” said Melaney Partner, acting director for the IRS Exempt Organizations Customer Education and Outreach office. “However, if lobbying activities are substantial an organization risks losing its tax exempt status.” She added that an organization can elect to have its lobbying activities measured by an “expenditure test” to determine whether or not the activities are substantial. This is known as a 501(h) election, so-named for the section of the Internal Revenue Code where the rules for the expenditure test are spelled out.

    “By making this election, an organization agrees to not spend more than a certain percentage of its total expenses on lobbying activities,” Partner said. “The other way to measure lobbying activity is to determine whether, based on all of the pertinent facts and circumstances, an organization’s lobbying comprises a substantial part of its overall activities. This substantial part test is a more subjective method compared to the more mathematical, objective expenditure test.

    The political activity criterion:
    All section 501(c)(3) organizations are prohibited from directly or indirectly participating in, or intervening in, any political campaign on behalf of (or in opposition to) any candidate running for public office. The prohibition applies to all campaigns (federal, state and local level). “Political campaign intervention includes any and all activities that favor or oppose one or more candidates for public office,” said Crom, who speaks to non-profit organizations on a regular basis about tax-compliance issues. “The prohibition extends beyond candidate endorsements.”

    Contributions to political campaign funds or public statements of position (verbal or written) made by or on behalf of an organization in favor of, or in opposition to, any candidate for public office clearly violate the prohibition on political campaign intervention.

    Section 501(c)(3) organizations may engage in some activities to promote voter registration, encourage voter participation, and provide voter education, but they can’t engage in activities that favor or oppose any candidate for public office. Whether an activity is political campaign intervention depends on all the facts and circumstances.

    The political campaign intervention prohibition is not intended to restrict free expression on political matters by leaders of organizations speaking for themselves as individuals,” said Crom. “Nor are leaders prohibited from speaking about important issues of public policy. However, for their organizations to remain tax exempt under section 501(c)(3), leaders cannot make partisan comments in official organization publications or at official functions of the organization.

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