Senior GOP members of Congress sent a bicameral letter to the Office of Special Counsel asking for an investigation into allegations of retaliation against Internal Revenue Service whistleblowers who alleged interference and misconduct by the Justice Department during the criminal investigation into Hunter Biden.
Chairman Jason Smith (R-MO) of the House Ways and Means Committee, James Comer (R-KY) of House Oversight, and Jim Jordan (R-OH) of the House Judiciary Committee were joined by Sens. Chuck Grassley (R-IA), and Ron Johnson (R-WI) in sending a letter to Henry Kerner, the head of the OSC, demanding he open an investigation into the alleged retaliation against the IRS whistleblowers.
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A spokesperson for OSC confirmed they received the letter and said they are in the process of reviewing it.
The two IRS whistleblowers have claimed that they had been retaliated against for coming before Congress to allege political interference in the criminal investigation into Hunter Biden. After it was revealed they were making protected disclosures to Congress, the two whistleblowers, supervisory agent Gary Shapley and one unnamed source, were removed from the Hunter Biden investigation. Shapley also claims he was passed over for a promotion after he made the protected disclosures to Congress.
In late June, the House Ways and Means Committee released the testimony from the two whistleblowers, in which they allege significant interference from the DOJ in their investigation.
They raised allegations that the DOJ blocked U.S. Attorney David Weiss — who was leading the investigation into Hunter Biden — from bringing charges in the district of his choice, that he had been denied special attorney status, and that the DOJ “concealed” allegations raised by a paid FBI informant that Hunter Biden and then Vice-President Joe Biden were involved in a foreign bribery scheme.
“The Department of Justice (DOJ) and Internal Revenue Service (IRS) have reportedly engaged in unlawful whistleblower retaliation against veteran IRS employees,” the members allege in the letter, citing news reports that “indicate that the whistleblower and the investigative team were removed from the Hunter Biden investigation by the IRS at DOJ’s request as retaliation for making protected whistleblower disclosures to Congres.”
The letter from the senior GOP members also alleges that those in charge at the IRS and DOJ failed to inform IRS employees of their “Constitutional and statutory right to make protected disclosures to Congress” in an attempt to block them from making these disclosures to Congress in two separate instances.
One was when acting special agent in charge Kareem Carter sent an email to the whistleblower stating that no information related to the Hunter Biden investigation could leave the field office without it first going through the chain of command.
“As I’ve previously stated in staff meetings, chain of command is important to the successful communication and operation within a field office,” Carter said in the email. “Following chain of command prevents confusion, conflict, and misunderstandings. There should be no instances where case related activity discussions leave this field office without seeking approval from your direct report (i.e. SA to SSA to ASAC to SAC). By following the chain of command, we can all work together to ensure that our team is successful.”
The members allege in the letter the email failed to include the “anti-gag provision,” which “prohibits the use of government funds to implement or enforce any nondisclosure policy, form, or agreement” if it does not include a statement informing the employees that nothing supersedes, conflicts with or alters an employees “obligations, rights, or liabilities created by existing statute or Executive order relating to (1) classified information, (2) communications to Congress, (3) the reporting to an Inspector General or the Office of Special Counsel of a violation of any law, rule, or regulation, or mismanagement, a gross waste of funds, an abuse of authority, or a substantial and specific danger to public health or safety, or (4) any other whistleblower protection.”
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And another was when Deputy IRS Commissioner for Services and Enforcement Doug O’Donnell sent an email to IRS employees stating “he is writing because of concerns related to the reporting of allegations of wrongdoing and the lawful reporting of misconduct under” the law but “fails to inform IRS employees of their Constitutional and statutory right to make protected disclosures to Congress.”
In light of these allegations, the members ask Kerner to schedule a briefing with them no later than July 19 “to discuss the steps you have taken with respect to our requests.”