Sunday, March 16, 2014

‘We’re Going to Get Creamed’: Lerner Emails Paint Picture of Planning 501(c)(4) Scrutiny
...Lerner expressed concern that the Citizens United vs. Federal Elections ruling would hurt Democratic senators seeking re-election in 2012. In response to an article sent to her by a colleague about Senate Democrats’ complaint to the FEC that political-oriented nonprofits were violating election law, Lerner writes: “Perhaps the [Federal Election Commission] will save the day.”...

...Lerner also said that she expected these political nonprofit groups to file a court case because they were “itching for a constitutional challenge.” In an email exchange about a Tea Party applicant, Lerner and her colleagues seemed to hope a lawsuit would lead the IRS to release information about this particular organization, despite rules protecting the secrecy of unapproved applications.

The emails paint a picture of IRS officials being aware of the potential political consequences of their actions and the increasing attention on the issue. On several occasions, Lerner received emails from colleagues that focused on the political involvement of tax-exempt conservative groups.

In March 2012, IRS Deputy Division Counsel Janine Cook sent an article to Lerner that discussed the potential congressional investigations and the IRS’s treatment of tax-exempt applicants. Lerner responded by writing: “we’re going to get creamed.”

The emails also show that Lerner was trying to figure out benefit issues in January 2013, including an estimate of the amount in benefits she would receive if she retired in October 2013. Lerner retired in September of that year...