Federal Eye: Justice Department will not seek contempt charges against Lois Lerner

Ex-Internal Revenue Service official Lois Lerner, a central figure in the IRStargeting scandal, will not face criminal contempt charges for refusing to testify about the matter before a House oversight committee last year.

Ronald Machen, the U.S. attorney for the District of Columbia, said in a letter this week to House Speaker John Boehner (R-Ohio) that he would not bring a criminal case against Lerner, who headed the IRSs exempt-organizations division when the agency inappropriately selected nonprofit advocacy groups for extra scrutiny based on their names and policy positions. S

The former officialacknowledged the agencys mistakes at a legal conference in May 2013, days beforethe release of a scathing inspector generals report about the issue.

[Related: Investigators probing for criminal activity with Lois Lerners missing e-mails]

The House approved a contempt resolutionagainst Lernerin May 2014, after she invoked her Fifth Amendment right not to testify during a hearing with the House Oversight and Government Reform Committee. The panels then-chairman, Rep. Darrell Issa (R-Calif.), insisted that shewaived the right by asserting her innocence during an opening statement.

Machen disagreed with Issa, saying Lerner made only general claimsof innocence and that the Constitution would provide her withan absolute defense should she be prosecuted.

Lerners attorney, William Taylor III, applauded the decision in a statement Wednesday. Anyone who takes a serious and impartial look at this issue would conclude that Ms. Lerner did not waive her Fifth Amendment rights, he said. It is unfortunate that the majority party in the House put politics before a citizens constitutional rights. Ms. Lerner is pleased to have this matter resolved and looks forward to moving on with her life.

Josh Hicks covers the federal government and anchors the Federal Eye blog. He reported for newspapers in the Detroit and Seattle suburbs before joining the Post as a contributor to Glenn Kesslers Fact Checker blog in 2011.

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Federal Eye: Justice Department will not seek contempt charges against Lois Lerner

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