According to new IRS emails obtained through a Freedom of Information Act request from Judicial Watch, former head of tax exempt groups at the IRS Lois Lerner contacted the Department of Justice in May 2013 about whether tax exempt groups could be criminally prosecuted for "lying" about political activity.
"I got a call today from Richard Pilger Director Elections Crimes Branch at DOJ ... He wanted to know who at IRS the DOJ folk s [sic] could talk to about Sen. Whitehouse idea at the hearing that DOJ could piece together false statement cases about applicants who "lied" on their 1024s --saying they weren't planning on doing political activity, and then turning around and making large visible political expenditures. DOJ is feeling like it needs to respond, but want to talk to the right folks at IRS to see whether there are impediments from our side and what, if any damage this might do to IRS programs. I told him that sounded like we might need several folks from IRS," Lerner wrote in a May 8, 2013 email to former Nikole C. Flax, who was former-Acting IRS Commissioner Steven T. Miller's chief of staff.
"I think we should do it – also need to include CI [Criminal Investigation Division], which we can help coordinate. Also, we need to reach out to FEC. Does it make sense to consider including them in this or keep it separate?" Flax responded on May 9, 2013.

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Last week news broke that Democratic Rep. Elijah Cummings' staff was in contact with Lerner about the conservative group True the Vote, despite denying any contact occurred. In this specific instance of Lerner discussing possible criminal prosecution of tax-exempt groups through DOJ, Democratic Senator Sheldon Whitehouse seems to have been the person to get the ball rolling.
On April 9, 2013 during a Senate Judiciary Hearing, just one month before the targeting scandal broke, Whitehouse asked witnesses from DOJ and the IRS why groups that had possibly "made false statements" about their political activities had not been prosecuted. On March 27, 2013, just days before the hearing took place, Lerner described the purpose for the hearing to IRS staff in an email.
"As I mentioned yesterday -- there are several groups of folks from the FEC world that are pushing tax fraud prosecution for c4s who report they are not conducting political activity when they are (or these folks think they are). One is my ex-boss Larry Noble (former General Counsel at the FEC), who is now president of Americans for Campaign Reform. This is their latest push to shut these down. One IRS prosecution would make an impact and they wouldn't feel so comfortable doing the stuff," she wrote. "So, don't be fooled about how this is being articulated – it is ALL about 501(c)(4) orgs and political activity."
So, we now have proof of what we've all known all along: the IRS, working in concert with the DOJ, Elijah Cummings, and at least one Leftist activist group have specifically sought to use the power of the federal government to silence dissenting opinion and quash political opposition, both through intimidation and through conspiring to put political opposition through prosecution on trumped-up "crimes."
The only thing remaining is the inevitable link to David Axelrod. No doubt the criminals involved are scrambling like crazy to try to cover that up, but there's no doubt in my mind whatsoever that this is where it will all lead. No one is ever going to convince me that this did not come at the direction of the Obama campaign.
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