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| House to Consider I.R.S. Commissioner’s Impeachment | House to Consider I.R.S. Commissioner’s Impeachment |
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| WASHINGTON — When the House Judiciary Committee convenes on Tuesday to consider the alleged misdeeds of the Internal Revenue Service commissioner, John Koskinen, it will contemplate action that has not been taken in more than 140 years, and that in some respects has never been pursued: the impeachment of an agency head of Mr. Koskinen’s rank. | WASHINGTON — When the House Judiciary Committee convenes on Tuesday to consider the alleged misdeeds of the Internal Revenue Service commissioner, John Koskinen, it will contemplate action that has not been taken in more than 140 years, and that in some respects has never been pursued: the impeachment of an agency head of Mr. Koskinen’s rank. |
| Tuesday’s hearing on accusations by House Republicans that Mr. Koskinen lied under oath to Congress and defied a congressional subpoena is a remarkable moment, even for a Washington long fractured by partisanship. | Tuesday’s hearing on accusations by House Republicans that Mr. Koskinen lied under oath to Congress and defied a congressional subpoena is a remarkable moment, even for a Washington long fractured by partisanship. |
| Not since Secretary of War William W. Belknap in 1876 has the House impeached an administration official other than the president, said Michael J. Gerhardt, a professor at the University of North Carolina School of Law and an expert on the federal impeachment process. And an official below the president’s cabinet has never been impeached. | Not since Secretary of War William W. Belknap in 1876 has the House impeached an administration official other than the president, said Michael J. Gerhardt, a professor at the University of North Carolina School of Law and an expert on the federal impeachment process. And an official below the president’s cabinet has never been impeached. |
| “This is unprecedented in many respects,” Professor Gerhardt said. | “This is unprecedented in many respects,” Professor Gerhardt said. |
| Senator Orrin G. Hatch of Utah, the chairman of the Finance Committee, has made clear that the Senate would not convict Mr. Koskinen, which would require a nearly impossible two-thirds vote. But the effort in the House highlights the extent to which the I.R.S. has become a symbol for House Republicans of everything they despise about the federal bureaucracy, and their outrage about what they view as a pattern of obstruction by the Obama administration. | |
| “We can have our disagreements with him, but that doesn’t mean there’s an impeachable offense,” Mr. Hatch said last week. | “We can have our disagreements with him, but that doesn’t mean there’s an impeachable offense,” Mr. Hatch said last week. |
| Mr. Koskinen was not even in government when the I.R.S. admitted to singling out the tax-exemption applications of Tea Party groups for scrutiny. Organizations on the I.R.S.’s “lookout lists” went beyond conservative groups to include other groups like Palestinian rights activists and open-software developers, but the scrutiny of hundreds of Tea Party applicants infuriated congressional Republicans. | Mr. Koskinen was not even in government when the I.R.S. admitted to singling out the tax-exemption applications of Tea Party groups for scrutiny. Organizations on the I.R.S.’s “lookout lists” went beyond conservative groups to include other groups like Palestinian rights activists and open-software developers, but the scrutiny of hundreds of Tea Party applicants infuriated congressional Republicans. |
| President Obama turned to Mr. Koskinen in 2013 to lead the I.R.S. because of his reputation in the public and private sectors as a go-to manager of troubled enterprises. Mr. Koskinen, who was 74 at the time, agreed. | President Obama turned to Mr. Koskinen in 2013 to lead the I.R.S. because of his reputation in the public and private sectors as a go-to manager of troubled enterprises. Mr. Koskinen, who was 74 at the time, agreed. |
| “He is one of the truly dedicated public servants who has been respected as a top government manager for years,” said G. William Hoagland, who was a longtime staff director of the Senate Budget Committee and fiscal policy adviser to Senate Republican leaders. | “He is one of the truly dedicated public servants who has been respected as a top government manager for years,” said G. William Hoagland, who was a longtime staff director of the Senate Budget Committee and fiscal policy adviser to Senate Republican leaders. |
| But amid the mishandling of email messages sought as evidence by House investigators, that fury turned on him. Mr. Koskinen will not appear at the Tuesday hearing, the I.R.S. said on Monday, because he just returned from a multinational tax conference in China and had little time to prepare given the committee’s recent invitation. | But amid the mishandling of email messages sought as evidence by House investigators, that fury turned on him. Mr. Koskinen will not appear at the Tuesday hearing, the I.R.S. said on Monday, because he just returned from a multinational tax conference in China and had little time to prepare given the committee’s recent invitation. |
| “He provided, I think, a whole series of false testimony,” said Representative Jason Chaffetz, Republican of Utah and chairman of the House Oversight and Government Reform Committee, who is one of the leaders of the push for impeachment. “You can’t be under a duly issued subpoena and mislead Congress, and when you provide false testimony there has to be a consequence.” | “He provided, I think, a whole series of false testimony,” said Representative Jason Chaffetz, Republican of Utah and chairman of the House Oversight and Government Reform Committee, who is one of the leaders of the push for impeachment. “You can’t be under a duly issued subpoena and mislead Congress, and when you provide false testimony there has to be a consequence.” |
| “We’re left with no other remedy,” Mr. Chaffetz added. “The F.B.I. is not going to take action. The president is not going to take action, but clearly he provided false testimony.” | “We’re left with no other remedy,” Mr. Chaffetz added. “The F.B.I. is not going to take action. The president is not going to take action, but clearly he provided false testimony.” |
| Congressional Democrats and the White House have characterized the criticism as part of a broader effort by Republicans bent on destroying the I.R.S. by slashing its budget and impeding its work. | Congressional Democrats and the White House have characterized the criticism as part of a broader effort by Republicans bent on destroying the I.R.S. by slashing its budget and impeding its work. |
| “Instead of taking real action on critical issues that involve the security and well-being of Americans, House Republicans are busy engaging in political witch hunts,” said Representative Sander M. Levin of Michigan, the senior Democrat on the tax-writing Ways and Means Committee. | “Instead of taking real action on critical issues that involve the security and well-being of Americans, House Republicans are busy engaging in political witch hunts,” said Representative Sander M. Levin of Michigan, the senior Democrat on the tax-writing Ways and Means Committee. |
| And the drive to impeach Mr. Koskinen is running parallel to the Republicans’ investigation into the deaths of American diplomats in Benghazi, Libya, and allegations against Planned Parenthood. | And the drive to impeach Mr. Koskinen is running parallel to the Republicans’ investigation into the deaths of American diplomats in Benghazi, Libya, and allegations against Planned Parenthood. |
| “The fact is that John Koskinen has assumed a very difficult task, and that task has been made only more difficult by the false accusations of Republicans and by the continued insistence of Republicans to cut the budget for the I.R.S.,” the White House press secretary, Josh Earnest, said at a briefing last week. | “The fact is that John Koskinen has assumed a very difficult task, and that task has been made only more difficult by the false accusations of Republicans and by the continued insistence of Republicans to cut the budget for the I.R.S.,” the White House press secretary, Josh Earnest, said at a briefing last week. |
| The case against Mr. Koskinen focuses on testimony that he gave to Congress as part of inquiries into whether the I.R.S. improperly scrutinized applications for tax-exempt status by conservative political groups. The I.R.S. admitted the improper conduct and apologized, but the Justice Department ultimately said it had found mismanagement but no crime, and it did not bring any charges. | The case against Mr. Koskinen focuses on testimony that he gave to Congress as part of inquiries into whether the I.R.S. improperly scrutinized applications for tax-exempt status by conservative political groups. The I.R.S. admitted the improper conduct and apologized, but the Justice Department ultimately said it had found mismanagement but no crime, and it did not bring any charges. |
| Mr. Koskinen started as commissioner of the I.R.S. in December 2013, well after the scrutiny was exposed. | Mr. Koskinen started as commissioner of the I.R.S. in December 2013, well after the scrutiny was exposed. |
| But House Republicans continued their investigations, and say the new commissioner lied during testimony in the winter and spring of 2014. They point, in particular, to assurances that the I.R.S. would turn over email messages sent and received by Lois Lerner, a senior official in the Exempt Organizations Division from 2009 to 2010, when Tea Party-affiliated groups applying for tax-exempt status were unfairly scrutinized. | But House Republicans continued their investigations, and say the new commissioner lied during testimony in the winter and spring of 2014. They point, in particular, to assurances that the I.R.S. would turn over email messages sent and received by Lois Lerner, a senior official in the Exempt Organizations Division from 2009 to 2010, when Tea Party-affiliated groups applying for tax-exempt status were unfairly scrutinized. |
| Professor Gerhardt said that impeachment might be appropriate if Republicans proved their case. “Lying to Congress is a very serious charge, and if somebody were actually guilty of that, that is a perfectly legitimate basis for their removal,” he said. | Professor Gerhardt said that impeachment might be appropriate if Republicans proved their case. “Lying to Congress is a very serious charge, and if somebody were actually guilty of that, that is a perfectly legitimate basis for their removal,” he said. |
| But he said Republicans could undermine their effort if they focused on political arguments and potential wrongdoing by the I.R.S., rather than the legal arguments against Mr. Koskinen. | But he said Republicans could undermine their effort if they focused on political arguments and potential wrongdoing by the I.R.S., rather than the legal arguments against Mr. Koskinen. |
| Mr. Koskinen’s supporters say some of the House members pushing for impeachment have been using the effort for their own political gain, including to raise campaign donations. They also note that in recent weeks, the chairman of the House Judiciary Committee, Representative Robert W. Goodlatte, Republican of Virginia, has come under pressure by a conservative challenger in the Republican primary, Harry Griego. | Mr. Koskinen’s supporters say some of the House members pushing for impeachment have been using the effort for their own political gain, including to raise campaign donations. They also note that in recent weeks, the chairman of the House Judiciary Committee, Representative Robert W. Goodlatte, Republican of Virginia, has come under pressure by a conservative challenger in the Republican primary, Harry Griego. |
| Some House Republicans have made clear that the targeting by the I.R.S. is still the main backdrop. | Some House Republicans have made clear that the targeting by the I.R.S. is still the main backdrop. |
| “We know they targeted people’s most cherished right, their First Amendment free speech rights, their political speech rights,” said Representative Jim Jordan, Republican of Ohio and a leading proponent of impeachment. “They did it systematically. They did it for a sustained period of time, and then they got caught. And when they got caught, Mr. Koskinen’s response to those investigations has been terrible.” | “We know they targeted people’s most cherished right, their First Amendment free speech rights, their political speech rights,” said Representative Jim Jordan, Republican of Ohio and a leading proponent of impeachment. “They did it systematically. They did it for a sustained period of time, and then they got caught. And when they got caught, Mr. Koskinen’s response to those investigations has been terrible.” |
| Mr. Koskinen was unavailable for comment last week, but in an interview in April he called the House impeachment resolution, which was introduced in the fall, “groundless.” | Mr. Koskinen was unavailable for comment last week, but in an interview in April he called the House impeachment resolution, which was introduced in the fall, “groundless.” |
| “We testified truthfully and completely on the basis of what we knew at the time,” he said. He attributed the loss of some of Ms. Lerner’s emails to “the inadvertent destruction of very old tapes.” | “We testified truthfully and completely on the basis of what we knew at the time,” he said. He attributed the loss of some of Ms. Lerner’s emails to “the inadvertent destruction of very old tapes.” |
| Mr. Koskinen is something of an unlikely target for the first impeachment of an agency’s leader. Before his I.R.S. appointment, he was enlisted to run the mortgage giant Freddie Mac when it was put under government conservatorship in September 2008 during the nation’s financial crisis. Before that, he was named by President Bill Clinton to lead a federal task force overseeing the tricky “Y2K” computer coding transition at the turn of the century, and the deputy director for management of the White House Office of Management and Budget. | Mr. Koskinen is something of an unlikely target for the first impeachment of an agency’s leader. Before his I.R.S. appointment, he was enlisted to run the mortgage giant Freddie Mac when it was put under government conservatorship in September 2008 during the nation’s financial crisis. Before that, he was named by President Bill Clinton to lead a federal task force overseeing the tricky “Y2K” computer coding transition at the turn of the century, and the deputy director for management of the White House Office of Management and Budget. |
| Still, only two Republicans voted with Democrats to confirm Mr. Koskinen for the I.R.S. job. One was Mr. Hatch, who last week told reporters at the Capitol, “For the most part, he’s been very cooperative with us.” | Still, only two Republicans voted with Democrats to confirm Mr. Koskinen for the I.R.S. job. One was Mr. Hatch, who last week told reporters at the Capitol, “For the most part, he’s been very cooperative with us.” |
| Fred T. Goldberg Jr., a tax lawyer and Republican who was the commissioner of the I.R.S. under the first President George Bush, called charges of unethical or illegal behavior “preposterous” and calls for impeachment “just way over the line.” | Fred T. Goldberg Jr., a tax lawyer and Republican who was the commissioner of the I.R.S. under the first President George Bush, called charges of unethical or illegal behavior “preposterous” and calls for impeachment “just way over the line.” |
| But House Republicans are resolute. Last week, Mr. Chaffetz proposed a resolution censuring Mr. Koskinen. Mr. Chaffetz said he viewed the step as a “precursor” to impeachment, but one that also might be sufficient for some colleagues who regarded impeachment as too drastic. | But House Republicans are resolute. Last week, Mr. Chaffetz proposed a resolution censuring Mr. Koskinen. Mr. Chaffetz said he viewed the step as a “precursor” to impeachment, but one that also might be sufficient for some colleagues who regarded impeachment as too drastic. |
| Mr. Chaffetz said he did not know if the full House would ultimately vote on impeachment. | Mr. Chaffetz said he did not know if the full House would ultimately vote on impeachment. |
| “It’s incumbent upon us to make the case and rally enough support in the conference in order to justify it coming to the floor,” he said. | “It’s incumbent upon us to make the case and rally enough support in the conference in order to justify it coming to the floor,” he said. |