In a letter written to U.S. Attorney General Eric Holder by House Oversight Committee Chairman Darrell Issa (R-CA), Issa reveals there was an attempt to coordinate media spin regarding the IRS investigation between the DOJ and the staff of the Committee’s Ranking Democrat, Rep. Elijah Cummings (D-MD). How did Issa find out? A DOJ official in the Office of Public Affairs who thought he was calling Cummings’ office, mistakenly phoned Issa’s office instead.
“I write with serious concerns stemming from a telephone call my staff received late on Friday afternoon from the Justice Department’s Office of Public Affairs (OPA) about the Committee’s ongoing investigation into the Internal Revenue Service’s targeting of conservative tax-exempt applicants,” Issa states.
A senior OPA official—under the apparent mistaken belief he had called the staff of Ranking Member Elijah E. Cummings—asked if the Committee would release Committee documents to the media so that the Department could publicly comment on the material. I am extremely troubled by this attempt to improperly coordinate the release of Committee documents with the Minority staff. This effort to preemptively release incomplete and selectively chosen information undermines the Department’s claims that it is responding in good faith.
The senior OPA official to whom Issa refers is Brian Fallon, a former senior aide to Sen. Chuck Schumer (D-NY). Although his name was not mentioned in the letter, he confirmed that he made the call, which took place last Friday at 5:01 p.m. EST. As Issa indicates, he believes Fallon thought he was talking to members of Rep. Elijah Cummings staff.
(Fallon) then asked the Committee employee if the Committee would agree to release the material to selected reporters and thereby allow the Department an opportunity to publicly comment on it.
The subject of the conversation was attorney Andrew Strelka, who is defending IRS commissioner John Koskinen in litigation initiated by the pro-Israel group Z Street. Prior to his job in the DOJ’s civil trial section, Strelka worked for Lois Lerner in the IRS’s Tax Exempt Organizations Division—where Z Street’s alleged mistreatment occurred. Documents indicate Strelka was kept in the loop about the IRS’s targeting practices.
The Committee wants to talk to Strelka about this apparent conflict of interest, but the DOJ has refused the request, prompting a Sept. 3 letter to Holder from Rep. Jim Jordan (R-OH) accusing the DOJ of “conspiring with Mr. Strelka to prevent the American people from learning the truth.”