Dear Chairs and Ranking Members:
Today the Internal Revenue Service (IRS) Criminal Supervisory Special Agent we represent was informed that he and his entire investigative team are being removed from the ongoing and sensitive investigation of the high-profile, controversial subject about which our client sought to make whistleblower disclosures to Congress. He was informed the change was at the request of the Department of Justice.On April 27, 2023, IRS Commissioner Daniel Werfel appeared before the House Committee on Ways and Means. He testified: “I can say without any hesitation there will be no retaliation for anyone making an allegation or a call to a whistleblower hotline.” However, this move is clearly retaliatory and may also constitute obstruction of a congressional inquiry.
Our client has a right to make disclosures to Congress pursuant to 26 U.S.C. § 6103(f)(5) and 5U.S.C. § 7211. He is protected by 5 U.S.C. § 2302 from retaliatory personnel actions—including receiving a “significant change in duties, responsibilities, or working conditions”1 (which this clearly is) because of his disclosures to Congress.2 Any attempt by any government official to prevent a federal employee from furnishing information to Congress is also a direct violation of longstanding appropriations restriction.3 Furthermore, 18 U.S.C. § 1505 makes it a crime to obstruct an investigation of Congress.
We respectfully request that you give this matter your prompt attention. Removing the experienced investigators who have worked this case for years and are now the subject-matter experts is exactly the sort of issue our client intended to blow the whistle on to begin with.
Cordially, Tristan Leavitt
President Empower OversightMark D. Lytle
Partner Nixon Peabody LLP
The letter was addressed to:
Sen. Ron Wyden (D-OR) Chairman, Committee on Finance, Co-Chair, Whistleblower Protection Caucus
Sen. Mike Crapo (R-ID) Ranking Member, Committee on Finance
Rep. Jason Smith (R-MO) Chairman, Committee on Ways & Means
Rep. Richard Neal (D-MA) Ranking Member, Committee on Ways & Means
Sen. Richard Durbin (D-IL) Chairman, Committee on the Judiciary
Sen. Lindsey Graham (R-SC) Ranking Member, Committee on the Judiciary
Rep. Jim Jordan (R-OH) Chairman, Committee on the Judiciary
Rep. Jerrold Nadler (D-NY) Ranking Member, Committee on the Judiciary
Sen. Charles Grassley (R-IA) Co-Chair, Whistleblower Protection Caucus
Member, Committee on Finance