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Former IRS official refuses to testify at hearing

Published on NewsOK Modified: March 5, 2014 at 2:46 pm •  Published: March 5, 2014

WASHINGTON (AP) — The former Internal Revenue Service official at the heart of the controversy over the agency's targeting of conservative groups once again refused to answer questions at a House hearing Wednesday amid signs that a congressional investigation into the affair may be stalling.

Lois Lerner headed the IRS division that improperly singled out tea party and other conservative groups for extra scrutiny when they applied for tax-exempt status during the 2010 and 2012 elections. On Wednesday she was recalled to testify before the House Oversight Committee for the second time in a year.

But just like the first time, she declined to answer questions about her involvement. Appearing with her lawyer, Lerner invoked her Fifth Amendment rights at least nine times in response to questions by committee Chairman Darrell Issa, R-Calif.

Later, Lerner's lawyer told reporters she didn't testify because "we completely lost confidence in the fairness and impartiality of the forum."

"This matter has become polarized," said the lawyer, William W. Taylor III. "It is completely partisan. There was no possibility, in my view, that Ms. Lerner would be given a fair opportunity to speak, to answer questions or to tell the truth."

Taylor said the whole ordeal, which began last May when Lerner first disclosed the targeting at a Washington law conference, has been unsettling for his client. Lerner has received a total six death threats, by email and regular mail, Taylor said. They have been turned over to the FBI, he said.

After Wednesday's hearing, Issa suggested his committee's investigation may become stalled without Lerner's testimony.

"At this point, roads lead to Ms. Lerner," Issa said. Without her testimony, he said, "it may dead-end at Ms. Lerner."

Two other congressional committees, the Justice Department and the IRS's inspector general are also investigating. But to date, none has publicly released evidence that anyone outside the IRS directed the targeting or knew about it while it was happening.

"There still has not been any evidence of political motivation nor any evidence of the White House having anything to do with it," said Rep. Elijah Cummings of Maryland, the top Democrat on the Oversight Committee.

Taylor said Lerner was recently interviewed at length by officials from the Justice Department and the inspector general's office. He said Lerner agreed to be questioned by investigators "without conditions."

Last year, the IRS' inspector general released a yearlong audit that found agents had improperly targeted conservative political groups for additional and sometimes onerous scrutiny when those groups applied for tax-exempt status.

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