Senior Republicans in Congress are calling for an investigation into alleged whistleblower retaliation by the Internal Revenue Service (IRS) administration against IRS agents who were investigating Hunter Biden, the son of US President Joe Biden.
In the letter, sent Wednesday to special counsel Henry Kerner, Republicans claim the agency participated in “unlawful whistleblower retaliation against veteran IRS employees.”
The letter was signed by Sens. Chuck Grassley (IA) and Ron Johnson (WI) along with Reps. Jason Smith (MO), James Comer (KY) and Jim Jordan (OH). It alleges IRS officials violated “anti-gag” rules meant to protect federal employees, and are requesting a briefing on steps taken by Kerner’s office.
They have asked that the briefing take place by July 19.
Kerner’s office handles accusations of whistleblower retaliation. A spokesperson for the office confirmed it received the letter and said it is in the process of reviewing the file.
The letter cites two internal IRS emails, one shows a special agent reminding personnel that case information cannot be shared without approval and the other said the IRS was committed to protecting whistleblowers, but instructed them to tell their supervisors and did not inform IRS employees of their right to bring their complaints to Congress.
“The Deputy Commissioner's email states IRS employees may make (disclosures) to a supervisor, management, the DOJ Office of the Inspector General, or the Treasury Inspector General for Tax Administration but blatantly fails to provide that IRS employees have the right to make lawful disclosures to Congress,” the letter sent by the group of Republican lawmakers reads.
IRS supervisory agent Gary Shapley said in a letter to Congress written by his attorneys that he and his team were removed from the Hunter Biden investigation “at the request of the Department of Justice.” He was one of two IRS agents who testified in front of members of Congress behind closed doors.
Delaware US Attorney David Weiss has led the five-year investigation into Hunter Biden’s finances and other possible crimes. Last month, Hunter Biden pleaded guilty to two misdemeanor tax charges, an agreement Republicans have decried as too lenient. The plea deal will still have to be approved by the case judge.
Weiss was appointed by former President Donald Trump. In a letter responding to an earlier letter from House Republicans, Weiss denied that his office had retaliated against the IRS whistleblowers.
“The Department of Justice did not retaliate against 'an Internal Revenue Service ("IRS") Criminal Supervisory Special Agent and whistleblower, as well as his entire investigative team,” Weiss wrote.
Some Republicans have requested that Weiss be interviewed by Congress behind closed doors and have requested documents related to the investigation.
Weiss responded that he could not speak to Congress or provide the requested documents while the case was ongoing, but said he was open to discussing the case once it concluded.
"At the appropriate time, I welcome the opportunity to discuss these topics with the Committee in more detail, and answer questions related to the whistleblowers’ allegations consistent with the law and Department policy,” Weiss wrote in another letter to Jordan and other House Republicans.
Meanwhile, an attorney for Hunter Biden has accused Republicans of attempting to sabotage the plea deal. “To any objective eye your actions were intended to improperly undermine the judicial proceedings that have been scheduled in the case,” a member of Hunter Biden’s legal team wrote to Smith, who chairs the House Ways and Means Committee.
The White House has repeatedly declined to comment on the case, insisting they are allowing the Justice Department to operate independently. In fact, a recent statement issued by the White House reiterates that the "matter would be handled independently by the Justice Department, under the leadership of a US attorney appointed by former President Trump, free from any political interference by the White House."