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 Internal IRS documents reveal that Sen. John McCain’s former staff director and chief counsel on the Senate Homeland Security Permanent Subcommittee, Henry Kerner, urged top IRS officials, including then-director of exempt organizations Lois Lerner, to “audit so many that it becomes financially ruinous.”  

The explosive exchange was contained in notes taken by IRS employees at an April 30, 2013, meeting between Kerner, Lerner, and other high-ranking IRS officials. Just ten days following the meeting, former IRS director of exempt organizations Lois Lerner admitted that the IRS had a policy of improperly and deliberately delaying applications for tax-exempt status from conservative non-profit groups.

Lerner and other IRS officials met with select top staffers from the Senate Governmental Affairs Committee in a “marathon” meeting to discuss concerns raised by both Sen. Carl Levin (D-MI) and Sen. John McCain (R-AZ) that the IRS was not reining in political advocacy groups in response to the Supreme Court’s Citizens United decision.  Senator McCain had been the chief sponsor of the McCain-Feingold Act and called the Citizens United decision, which overturned portions of the Act, one of the “worst decisions I have ever seen.”

In the full notes of an April 30 meeting, McCain’s high-ranking staffer Kerner recommends harassing non-profit groups until they are unable to continue operating. Kerner tells Lerner, Steve Miller, then chief of staff to IRS commissioner, Nikole Flax, and other IRS officials, “Maybe the solution is to audit so many that it is financially ruinous.” In response, Lerner responded that “it is her job to oversee it all:”

Henry Kerner asked how to get to the abuse of organizations claiming section 501 (c)(4) but designed to be primarily political. Lois Lerner said the system works, but not in real time. Henry Kerner noted that these organizations don’t disclose donors. Lois Lerner said that if they don’t meet the requirements, we can come in and revoke, but it doesn’t happen timely. Nan Marks said if the concern is that organizations engaging in this activity don’t disclose donors, then the system doesn’t work. Henry Kerner said that maybe the solution is to audit so many that it is financially ruinous. Nikole noted that we have budget constraints. Elise Bean suggested using the list of organizations that made independent expenditures. Lois Lerner said that it is her job to oversee it all, not just political campaign activity.

Judicial Watch previously reported on the 2013 meeting.  Senator McCain then issued a statement decrying “false reports claiming that his office was somehow involved in IRS targeting of conservative groups.”  Now we see that McCain's statement was a complete lie and that it WAS, in fact, His office that did exactly that. The IRS previously blacked out the notes of the meeting but Judicial Watch found the notes among subsequent documents released by the agency.

Judicial Watch separately uncovered that Lerner was under significant pressure from both Democrats in Congress and the Obama DOJ and FBI to prosecute and jail the groups the IRS was already improperly targeting. In discussing pressure from Senator Sheldon Whitehouse (Democrat-Rhode Island) to prosecute these “political groups,” Lerner admitted, “it is ALL about 501(c)(4) orgs and political activity.”

The April 30, 2013 meeting came just under two weeks prior to Lerner’s admission during an ABA meeting that the IRS had “inappropriately” targeted conservative groups.  In her May 2013 answer to a planted question, in which she admitted to the “absolutely incorrect, insensitive, and inappropriate” targeting of Tea Party and conservative groups, Lerner suggested the IRS targeting occurred due to an “uptick” in 501 (c)(4) applications to the IRS but in actuality, there had been a decrease in such applications in 2010.

On May 14, 2013, a report by Treasury Inspector General for Tax Administration revealed: “Early in Calendar Year 2010, the IRS began using inappropriate criteria to identify organizations applying for tax-exempt status” (e.g., lists of past and future donors). The illegal IRS reviews continued “for more than 18 months” and “delayed processing of targeted groups’ applications” in advance of the 2012 presidential election.

All these documents were forced out of the IRS as a result of an October 2013 Judicial Watch Freedom of Information (FOIA) lawsuit filed against the IRS after it failed to respond adequately to four FOIA requests sent in May 2013 (Judicial Watch, Inc. v. Internal Revenue Service (No. 1:13-cv-01559)). Judicial Watch is seeking:

  • All records related to the number of applications received or related to communications between the IRS and members of the U.S. House of Representatives or the U.S. Senate regarding the review process for organizations applying for tax exempt status under 501(c)(4);
  • All records concerning communications between the IRS and the Executive Branch or any other government agency regarding the review process for organizations applying for tax exempt status under 501(c)(4);
  • Copies of any questionnaires and all records related to the preparation of questionnaires sent to organizations applying for 501(c)(4) tax exempt status.
  • All records related to Lois Lerner’s communication with other IRS employees, as well as government or private entity outside the IRS regarding the review and approval process for 501 (c)(4) applicant organizations.

“The Obama IRS scandal is bipartisan – McCain and Democrats who wanted to regulate political speech lost at the Supreme Court, so they sought to use the IRS to harass innocent Americans,” said Judicial Watch President Tom Fitton. “The Obama IRS scandal is not over – as Judicial Watch continues to uncover smoking gun documents that raise questions about how the Obama administration weaponized the IRS, the FEC, FBI, and DOJ to target the First Amendment rights of Americans.”

Incidentally, Kerner was appointed by President Trump as Special Counsel for the United States Office of Special Counsel.  He should be FIRED from that job immediately.

Hal Turner Commentary: So it turns out that Senator John McCain is, after all, a Traitor to conservative groups; just like he was a Traitor to our country in Vietnam.  Why am I not surprised?  Based on his own personal actions, this man has been an untrustworthy piece of shit his entire life.  

We all saw it when he cast the deciding vote WITH DEMOCRATS to keep Obamacare, despite President Trump's efforts to repeal it.  Now we see he was even having his staff urge the IRS to ILLEGALLY target conservative groups with the intent to drive them out of existence through government action.  

One can only hope that the brain cancer he is presently suffering from, causes McCain a slow and painful death.  Any notion that his wife be appointed to take his Senate seat when he dies, should be immediately skuttled.  The political filth of John McCain and those who surround him should be purged from politics.

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    Jay · 12:47 06/23/2018
    It's been a long time since The United States of America had justice and a trustworthy judicial system. I've seen it in action and I can tell you that Federal judges will silence you with physical force with the U.S. Marshals in the courtroom just for quoting the Constitution. The Constitution is not permissible in a modern court unless it has been twisted to uphold a leftist agenda.

    They use something they call "Federal Code" instead and if you dare to point out that it is unconstitutional, you will be tazered or otherwise subdued or imprisoned for contempt of court by these black robed Devils.
    • Comment held for moderation.
      Jay · 12:55 06/23/2018
      Also known as "Civil Code" at the moment. I'm sure they have other tricks and outright lies that they use in other situations. But I've seen that one first hand when it was used to disarm law abiding citizens by the BATF. The BATF is a particularly ruthless Government offender and it is demonstrated in the courtroom if you watch closely to see how they act. They will openly mock you in the courtroom when the judge isn't watching, which is most of the time. I saw them making faces at the citizens and ogling the women.
  • Comment held for moderation.
    Blather · 20:01 06/22/2018
    THIS is treason, abuse of the office. Well, not too many people know this but it's because the IRS is NOT a constitutional department. It's made up by lefties and Congress made it that way to take the HEAT off of raising your taxes.

    According to PH if you read the Constitution ONLY CONGRESS is to collect taxes. Can you imagine if you substitute IRS for Congress in this story NONE of them would ever get elected.

    But they manage to every year and every year to raise your taxes, and yes, blame it on the unconstitutional agency they created to take the heat off of taxing you to death.

    Is America falling apart as we discovered the communist and the left have HIJACKED this government created for you?
  • Comment held for moderation.
    Gifford Rodine · 11:44 06/22/2018
    Hal: Thank You. And Thanks to Judicial Watch.

    I live in Arizona, Phoenix and Tucson resnublicans are that stupid.

    Most of the viet man Veterans in my area knew john was a POS, but being Veterans who respected their Oath to the Constitution and their service in viet nam, you had to pry it out of them.
  • Comment held for moderation.
    Arizona · 11:17 06/22/2018
    BUT,BUT,AMERICA loves John Mc Cain and the IRS,they love giving their children and money to them,so their Families can be raped and murdered by their HERO'S in the police gangs,WHEN you look up COWARDS IN THE DICTIONARY,THERES a picture of AMERICA in the photo,the worse yellow cowards on earth,Just the sight of a weapon,makes them piss down their leg......
  • Comment held for moderation.
    Sharknado · 09:43 06/22/2018
    Judgement is coming...trust the plan.
  • Comment held for moderation.
    Hyman Griebowitz · 09:06 06/22/2018
    This is proof of rigged elections.
    There is no way Arizona voters are stupid enough to keep re-electing this dispicable traitor.
    • Comment held for moderation.
      Cathbad · 17:31 06/22/2018
      Absolutely correct. Arizonans can't be that dumb. Insane McCain needs to be escorted out of the Senate and put in Bellevue.
  • Comment held for moderation.
    William Chandler · 08:38 06/22/2018
    2700 Angels will be standing in formation to greet McCain at the Pearly Gates .
    2700 POWs that McCain betrayed will immediately escort McCain straight to Hell.
    • Comment held for moderation.
      Steve · 09:23 06/22/2018
      McCain, quite frankly, I doubt will see the pearly gates.
  • Comment held for moderation.
    Ronan sautere · 07:44 06/22/2018
    I was in Washington dc many times speaking and attending congressional hearins on bringing home the remains of Americans captured and or killed during the Vietnam war. It was John McCain who resisted any efforts by govt agencies and ngos. This character is no good and he is aligned with many very bad players. He holds more loyalty to israel than his own country of origin and seems to always cater to the worse scum on earth like isis and other islamic jihadi groups. America gives full license to creeps like mccain because he was captured by the nva. We, being the stupid dolts we are because of a faulty educational system and a generational tv culture, have become the idiots who worship all the wrong things. Get educated and get off your lazy asses and discover what real truth is. You will never be able to walk away from it ever again. Challenge your own knoledge and keep a low profile. Enuf said you know the rollcall.Ronan sautere
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