DARRELL E, ISSA. CALIFORNIA CHAIRMAN JOHN L. MICA. FLORIDA MICHAEL R. TURNER, OHIO JOHN J. DUNCAN. JR.. TENNESSEE PATRICK T. IVICHENHY, NORTH CAROLINA JIM JORDAN, OHIO JASON CHAFFETZ. UTAH TIM WALBERG. JAMES LANKFORD. OKLAHOMA JUSTIN AMASI-I, MICHIGAN PAUL A. GOSAR, ARIZONA PATRICK MEEI-IAN, SCOTT DHJJARLAIS. TENNESSEE TREY GOWDY, SOUTH CAROLINA BLAKE FARENTI-IOLD, TEXAS DOC HASTINGS. WASHINGTON M. LUMMIS, WYOMING ROB WOODALL, GEORGIA THOMAS MASSIE. KENTUCKY DOUG COLLINS. GEORGIA MARK MEADOWS. NORTH CAROLINA KERRY L. MICHIGAN RON DESANTIS, FLORIDA LAWRENCE J. BRADY STAFF DIRECTOR ONE HUNDRED THIFITEENTH CONGRESS Congress of the iltlnitiztu States itauuse of Beprefientatthea COMMITTEE ON OVERSIGHT AND GOVERNMENT REFORM 2157 FIAYBURN HOUSE OFFICE BUILDING WASHINGTON, DC 20515-6143 225--5f1?4 r- [202] 225-39751 [202] January 8, 2014 The Honorable Eric H. Holder, Jr. Attorney General U.S. Department of Justice 950 Avenue, NW Washington, D.C. 20530 Dear Mr. Attomey General: ELIJAH E. CUMMINGS. MARYLAND RANKING MINORITY MEMBER CAROLYN B. MALONEY, NEW YORK ELEANOR HOLMES NORTON, DISTRICT OF COLUMBIA JOHN F. TIERNEY. MASSACHUSETTS WM. LACY CLAY, MISSOURI STEPHEN F. MASSACHUSETTS JIM COOPER, TENNESSEE GERALD E. CDWNOLLY, VIRGINIA JACKIE SPEIER, CALIFORNIA MATTHEW A. CARTWRIGHT. MARK POCAN, WISCONSIN L. TAMMY DUCKWORTH, ILLINOIS ROBIN L. KELLY. ILLINOIS DANNY K. DAVIS, ILLINOIS PETER WELCH, TONY CARDENAS. CALIFORNIA STEVEN A. HORSFORD. NEVADA MICHELLE LUJAN GRISHAM. NEW MEXICO The Committee on Oversight and Government Reform is continuing to investigate the IRS's inappropriate treatment of certain groups applying for tax-exempt status. When the misconduct became public in May 2013 you called it "outrageousand unacceptable" and ordered a Department of Justice investigation in coordination with the Federal Bureau of lnvestigation.I In light of indications that the Bureau was not taking the investigation seriously, we have written to FBI Director James Comey on September 6, 2013, and again on December 2, 2013, seeking information about the status of this matter? The FBI has failed to provide the requested information, and after Department officials apparently interfered, the Bureau rescinded an offer to meet with Mr. Jordan to discuss the investigation.3 As we pointed out in our most recent letter to Director Comey on December 2, 2013, the FBI's blatant lack of cooperation with the Committee may rise to the level of criminal obstruction of a congressional investigation. The Committee has obtained new information that raises additional questions about the integrity of the BI investigation. Since the FBI has refused to cooperate with the Committee's oversight, the Committee requested infomiation about the mvestigation from current and former IRS officials whom the Committee has interviewed about their respective roles in the targeting of conservative groups. According to several current and former IRS officials whom both the Committee and the Department have interviewed, Barbara Bosserman, a trial attomey in the Department's Civil Rights Division, is leading the investigation4 I Rachael Weiner, Holder has ordered IRS investI'gatI'on, WASH. POST, May 14, 2013, available at I 2 Letters fiom Hon. Darrell E. lssa, Chairman, H. Comm. on Oversight Gov't Reform, I-Ion. Jim Jordan, Chaimian, Subcomm. on Econ. Growth, Job Creation Reg. Affairs, to Hon. James B. Comey, Director, FBI (Sept. 6, 2013 Dec. 2, 2013). 3 la'. 4 For example, according to Carter Hull, former Tax Law Specialist at IRS headquarters in Washington, DC, his interview with "was led by Barbara Bosserman, who is an attorney in the Civil Rights Division of the The Honorable Eric H. Holder, Jr. January 8, 2014 Page 2 The Federal Election Commission's online records show that Ms. Bosserman has contributed a significant amount of money to President Obama's political campaigns. Ms. Bossennan is also a long-time financial backer ofthe Democratic National Committee. At a minimum, Ms. Bossennan has donated nearly $7,000 to President Obama's political campaigns and the Democratic National Committee in the past several years:5 Democratic National Committee October 29, 2004 $400.00 November 10, 2008 $250.00 Obama for America January 30, 2008 $500.00 February 15, 2008 $500.00 February 26, 2008 $300.00 March 15, 2008 $500.00 March 30,2008 $300.00 September 28, 2008 $250.00 September 29, 2008 $750.00 October 13, 2008 $250.00 October 29, 2008 $250.00 May 24, 2012 $1,000.00 September 9, 2012 $500.00 November 1, 2012 $500.00 Obama Victory Fund 2012 November 1, 2012 $500.00 Total $6,750.00 By selecting a significant donor to President Obama to lead an investigation into inappropriate targeting of conservative groups, the Department has created a startling conflict of interest. It is unbelievable that the Department would choose such an individual to examine the federal govemment's systematic targeting and harassment of organizations opposed to the President's policies. At the very least, Ms. Bosserman's involvement is highly inappropriate and has compromised _the Administration's investigation of the IRS. We request that you immediately remove Ms. Bossennan from the ongoing investigation. In addition, since the Department ofJustice." See e-mail from Counsel to Carter Hull to Committee Staff (Dec. 24, 2013). In addition, according to Steve Grodnitzky, fomier acting manager of the Exempt Organizations Technical Unit in Washington, DC., his "interview was conducted by DOJ attomey Barbara Bosserman." See e-mail from Counsel to Steve Grodnitzky to Committee Staff(Dec. 27, 2013). 5 See Federal Election Commission, Transaction Query By Individual Contributor, (last accessed Jan. 7, 2014). The Honorable Eric H. Holder, Jr. January 8, 2014 Page 3 aforementioned conflict of interest has tainted any information Ms. Bosserman has gathered thus far, we request that you take all necessary steps to ensure that the BI criminal investigation is thorough and unbiased, including steps to remedy the damage created by Ms. Bosserman's leadership of and participation in the investigation. Please provide a comprehensive explanation of the decision to assign Ms. Bosserman to the investigation of the IRS's targeting of conservative groups. In addition, please inform the Committee as to the steps the Department intends to take to remedy the damage created by Ms. Bosserman's leadership of and participation in the investigation. Please provide this information as soon as possible, but by no later than Wednesday, January 22, 2014. The Committee on Oversight and Government Reform is the principal oversight committee of the House of Representatives and may at "any time" investigate "any matter" as set forth in House Rule X. Please contact Tyler Grimm or Christopher Hixon with the Committee staff at (202) 225- 5074 with any questions about this request. Thank you for your prompt attention to this matter. Sincerely, I I Issa . Chairman Sub mmittee on Economic Growth, Job Creation and Regulatory Affairs cc: The Honorable Elijah E. Cummings, Ranking Minority Member The Honorable Matthew A. Cartwright, Ranking Minority Member Subcommittee on Economic Growth, Job Creation and Regulatory Affairs The Honorable Michael E. Horowitz, Inspector General Office of the Inspector General, U.S. Department of Justice