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Saturday, September 28, 2024

House GOP investigates possible retaliation against IRS whistleblowers by Office of Special Counsel

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Representative Steve Scalise | Official U.S. House headshot

Representative Steve Scalise | Official U.S. House headshot

WASHINGTON, D.C.—Today, Majority Leader Steve Scalise (R-La.), Speaker of the House Mike Johnson (R-La.), House Committee on Oversight and Accountability Chairman James Comer (R-Ky.), House Committee on the Judiciary Chairman Jim Jordan (R-Ohio), and House Committee on Ways and Means Chairman Jason Smith (R-Mo.) are investigating whether the U.S. Office of Special Counsel (OSC) has contributed to the retaliation against IRS whistleblowers Gary Shapley and Joseph Ziegler. The House Republican leaders are seeking a briefing to determine whether there has been improper influence in the IRS whistleblowers’ claims pending before OSC.

“IRS whistleblowers Gary Shapley and Joseph Ziegler have been wholly consistent in their testimony about misconduct and politicization in the Department of Justice’s criminal investigation of Hunter Biden. They did exactly what an honorable government employee should do: when they witnessed wrongdoing, they reported it responsibly and made legally protected disclosures. Because of their bravery and integrity, we are finally beginning to see steps toward accountability. But this has not come without great cost to them. Mr. Shapley and Ziegler have faced retaliation for doing the right thing. The U.S. Office of Special Counsel, which is tasked with protecting whistleblowers, must conduct an impartial investigation of the claims of Mr. Shapley and Ziegler without improper influence from those seeking to smear these courageous individuals,” said the Republican leaders.

Below is the text of the letter:

Dear Acting Principal Deputy Special Counsel Gorman:

The House of Representatives, including the Committees on Oversight and Accountability, Judiciary, and Ways and Means (collectively, the Committees), is investigating whether the U.S. Office of Special Counsel (OSC) has contributed by action and/or inaction to retaliation against Internal Revenue Service (“IRS”) Supervisory Special Agent (“SSA”) Gary Shapley, and IRS Special Agent (“SA”) Joseph Ziegler (collectively, the Whistleblowers). Needless to say, such behavior would be contrary to OSC’s primary mission of protecting whistleblowers. The House Republican leadership and the Committees request a briefing to better understand OSC’s conduct and to ensure that there has not been any improper influence on OSC’s investigation.

SSA Shapley and SA Ziegler both have whistleblower retaliation claims pending before OSC. In particular, SSA Shapley made protected disclosures about the Office of the U.S. Attorney for the District of Delaware, alleging prosecutorial misconduct in the Hunter Biden investigation. SSA Shapley alleges that U.S. Attorney David Weiss began retaliating against him in November 2022 upon learning of his disclosure about his Office’s wrongdoing.

On March 11, 2024, Special Counsel David Weiss filed a redacted document related to the Whistleblowers with the United States District Court for the Central District of California, which was placed on the Court’s public docket. The phrasing of and redactions to this filing have led to media speculation about whether the Whistleblowers themselves are under investigation for wrongdoing. However, based upon information provided by counsel for the Whistleblowers, it is understood that they are not under investigation; rather it is OSC that is investigating their allegations of retaliation.

Further concerns arise from OSC's specific request that information be filed under seal with subsequent redactions in publicly available versions leading many to interpret negatively upon Whistleblowers' reputation while no meaningful action was taken by OSC for nearly two months to correct this impression.

Additionally after President Biden announced his nomination now-Special Counsel Hampton Dellinger senators expressed concern regarding his ability given prior work at Boies Schiller “with Hunter Biden on various Burisma-related matters.” While acknowledging Dellinger's recusal from matter committees seek assurance no improper influence affected decisions or handling particularly court filings pre/post media scrutiny Accordingly requesting briefing topics If questions contact Oversight staff at 202-225-5074

Thank you prompt attention matter

Sincerely,

Mike Johnson

Speaker

Steve Scalise

Majority Leader

James Comer

Chairman Committee Oversight Accountability

Jim Jordan

Chairman Committee Judiciary

Jason Smith

Chairman Committee Ways Means

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