U.S. must pay $50,000 to conservative group

A federal court in Virginia has ordered the government to pay $50,000 to a conservative group that says confidential information from its tax returns was published by a political opponent. The National Organization for Marriage, which opposes same-sex marriage, brought a lawsuit after private information about its donors appeared in 2012 on the website of the Human Rights Campaign, which supports gay rights. John Eastman, National Organization for Marriage board chairman, said Tuesday that his group will still investigate how the information from his group’s returns got outside the IRS.

Associated Press

The Internal Revenue Service did not follow the law when it failed to report the loss of records belonging to a senior IRS executive, the nation’s top archivist told Congress on Tuesday, in the latest development in the congressional probe of the agency’s targeting of conservative groups seeking tax-exempt status.

In June 2011, IRS executive Lois Lerner’s computer crashed, resulting in the loss of records that are sought in investigations into the agency’s actions. At the time, the agency tried to recover Lerner’s records, but with no success.

When it was determined later in the summer of 2011 that the records on the hard drive were gone forever, the IRS should have notified the National Archives and Records Administration, U.S. Archivist David Ferriero told members of the House Oversight and Government Reform Committee. But Ferriero learned of the lost records on June 13 when the IRS notified Congress.

“Any agency is required to notify us when they realize they have a problem,” Ferriero said.

Lerner is at the center of the controversy and has refused to answer questions from Congress, citing her Fifth Amendment right not to incriminate herself. In May, the House voted to hold Lerner in contempt of Congress. She retired from the IRS last fall after having been placed on paid leave.

In an effort to determine whether the Obama administration had any knowledge or involvement in the activities of the IRS division that reviews applications for tax-exempt status, lawmakers have sought and received thousands of IRS records — none of which has implicated the White House in the controversy.

But when it was revealed that some of the emails sought were unrecoverable, Republicans questioned the timing of the hard drive crash, suggesting key records related to the investigation have conveniently gone missing.

IRS Commissioner John Koskinen has said that he has seen no evidence that anyone committed a crime when the agency lost the emails.

Pressed by a congressman Tuesday, Ferriero would not state that the IRS broke the law. He would only say that the agency didn’t “follow” the law, referring to the Federal Records Act.

Republicans have said the Obama administration has not been cooperative with Congress’ investigation.

“They’ve not only not fully cooperated, they haven’t done a damn thing to help us get to the truth of what really happened,” said House Speaker John Boehner, R-Ohio. “Lois Lerner refuses to tell us the truth, and then all of sudden, ‘Oh my goodness, we lose two years’ worth emails.’ Listen, I grew up in a bar. This doesn’t pass the straight-face test.”