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Stephen Dinan


NextImg:IRS worker who leaked Trump’s taxes begs for leniency, tells court he acted to ‘benefit society’

The IRS consultant who leaked tax returns of former President Donald Trump and thousands of other wealthy Americans pleaded with a judge to show some leniency, casting himself as digital-era Robin Hood, crusading to steal data from the privileged in a bid to “benefit society.”

Charles Littlejohn, scheduled to be sentenced Monday in federal court in Washington, said through his lawyer that he now sees what he did was wrong. But at the time, he felt righteous in his anger and justified in releasing information he felt the public had a right to see, even if the law disagreed.

Littlejohn also said he was looking to do something big after learning of a distressing medical diagnosis for his father.

“If ever I found myself scared to push further I would think about everything I had done so far, everything that led up to this moment and I’d push through,” he wrote in his diary the day he first reached out to The New York Times to share the then-president’s tax returns.

The newspaper reported the details in September 2020, just weeks before the presidential election.

At the same time he was leaking Mr. Trump’s information, Littlejohn was conducting searches to gather data on the wealthiest taxpayers, sending the data from IRS systems to his personal website. His lawyer says he sat on the data for a couple of months until a close family friend died of cancer and he saw her death as a prod to do something. He took that second set of data to ProPublica.

“He originally acted out of a sense of moral duty, but soon came to understand that his conduct was morally wrong. Instead of saving the tax system, his actions had undermined the IRS, breached the public trust, and violated the privacy of thousands of American taxpayers,” Lisa Manning, his lawyer, said in a sentencing memo to Judge Ana C. Reyes.

But prosecutors saw little moral wrestling in Littlejohn‘s actions.

They said he sought out an IRS consulting job in 2017 with the specific goal of stealing and leaking Mr. Trump’s data, calling him “dangerous and a threat to democracy.”

For the wealthy taxpayers, Littlejohn stole data well beyond their basic tax returns, leaking information about stock trades, gambling winnings and IRS audit determinations. He sought out the most “salacious” details because he wanted to get attention, Jonathan E. Jacobson, a Justice Department lawyer, told the judge.

“Defendant essentially chose to take the law into his own hands: his disclosures were in fact part of a lawless, vigilante effort to circumvent the democratic process,” Mr. Jacobson said.

He pointed out that Mr. Trump’s tax returns were released, through the appropriate legal process, by Congress in late 2022.

Though there were thousands of victims of the illegal disclosure, prosecutors agreed to a plea deal that included just one charge of unauthorized disclosure of secret taxpayer information.

The maximum penalty is five years, but with no criminal history sentencing guidelines would call for Littlejohn to serve between 4 and 10 months.

Littlejohn, though his lawyer, acknowledged that was probably too low. But he vehemently objected to prosecutors’ demand that he get the maximum five years.

He pointed to other IRS leak cases where the penalty was probation.

“The defendant was wrong to violate the law even if he believed it would serve the public interest. It is also wrong for the Government to request six times the Guidelines maximum on the facts of this case,” Littlejohn‘s lawyer wrote.

Congressional Republicans say Littlejohn has already seen enough leniency.

In a letter to the judge, House Ways and Means Committee Chairman Jason Smith and fellow Republicans on the panel that oversees the IRS said they want to see Littlejohn get the maximum 5-year penalty allowed.

“While we wish that prosecutors had pleaded him to additional counts, you still can impose a more serious sentence than the anticipated 8-to-14-month guideline range. In our view, the seriousness of the crimes and the context surrounding them justify an upward variance,” the lawmakers wrote.

They called the scope of the leak “unprecedented.”

Mr. Jacobson, the federal prosecutor, agreed with that assessment. He pointed out that the court even had to create special rules for victim notification in this case because there were so many personally harmed that it was impossible to notify them all in any substantive way.

Littlejohn‘s lawyer at one point acknowledged he had numerous advantages in life and that “it is hard to understand why a man with such respect for the law and government systems would violate them so completely.”

For an answer, the lawyer quoted from a character letter written on behalf of Littlejohn blaming the politics of the moment.

“Mr. Littlejohn is not a menace to society; he is a principled, if flawed, man, who acted irrationally in the midst of what has been a trying, highly emotional time for our country,” said the letter writer, whose name was redacted in the public filing.

Littlejohn, 38, whose friends call him Chaz, also said he fears the toll a lengthy sentence will take on his relationship with his girlfriend of four years and their chance to have children.

In her character letter, she said: “Mr. Littlejohn sacrificed his future aspirations committing this crime and received nothing for it. He lost the ability to hold a normal job, time with his father and watching his nieces and nephew grow up, starting a family with me. The only reason he would do this is if he believed he was contributing to the greater good by providing invaluable information to the public.”

She added: “He never thought of the ripple effect his conduct would create upon those he’s loved, and he’ll carry that weight for the rest of his life.”

• Stephen Dinan can be reached at sdinan@washingtontimes.com.