DOJ drops contempt case against Lois Lerner

Paul Singer | USA TODAY

WASHINGTON — The Justice Department has decided not to pursue contempt charges against former IRS official Lois Lerner for her refusal to testify before Congress about her role in the agency's scrutiny of Tea Party groups.

Ronald Machen, the departing U.S. attorney for the District of Columbia, informed House Speaker John Boehner, R-Ohio, in a letter Tuesday that the department has concluded that the Constitution's Fifth Amendment protections against self-incrimination would prevent any case against Lerner from going forward.

Lerner had appeared before a May 22, 2013, hearing of the House Committee on Oversight and Government Reform and declined to answer questions about the IRS treatment of Tea Party groups, citing her Fifth Amendment protections. But then-chairman Darrell Issa, R-Calif., argued that when she made an opening statement asserting that she had done nothing wrong, she had waived her right to remain silent.

Machen said in his letter that Justice Department lawyers "concluded that Ms. Lerner did not waive her Fifth Amendment privilege by making an opening statement . . . because she made only general claims of innocence."

Lerner's lawyer, William Taylor III, praised the decision.

"Anyone who takes a serious and impartial look at this issue would conclude that Ms. Lerner did not waive her Fifth Amendment rights. It is unfortunate that the majority party in the House put politics before a citizen's constitutional rights," Taylor said in a statement. "Ms. Lerner is pleased to have this matter resolved and looks forward to moving on with her life."

Taylor said as far as he knows, this is the only issue for which the Justice Department was investigating Lerner.

Boehner spokesman Michael Steel said Wednesday,

"Once again, the Obama administration has tried to sweep IRS targeting of taxpayers for their political beliefs under the rug. But unaccountable federal bureaucrats using their power to attack the First Amendment strikes at the heart of our democracy, and the American people deserve the truth. The White House still has the opportunity to do the right thing and appoint a special counsel to examine the IRS' actions."

Rep. Jason Chaffetz, R-Utah, who has succeeded Issa as chairman of the oversight committee, suggested Machen's decision was motivated by political, not legal, factors. "It is unclear whether the Administration directed Mr. Machen not to prosecute Lois Lerner, or whether he was motivated by an ideological kinship with IRS's leadership," he said in a statement. "The Committee will continue to pursue its ongoing investigation into the targeting of American citizens based on their political beliefs. Our goal is to ensure that the people responsible, including Lois Lerner, are held accountable, and that appropriate reforms and safeguards are put into place at the IRS to guarantee that the rights of Americans are not trampled on again by overzealous bureaucrats with political agendas."

Lerner was the central figure in the IRS targeting scandal. Lerner was the director of the IRS office that oversees non-profit organizations' applications for tax exempt status. In 2013, Lerner acknowledged at a legal conference that the IRS had inappropriately delayed the applications of groups using "tea party" or other politically charged terms in their names, and had subjected some of these groups to invasive questions. The admission touched off a firestorm of criticism, as Republicans alleged that the Obama administration had been using the IRS to target its political opponents.

Contributing: Kevin Johnson

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