Mark Hemingway

Perhaps no other IRS official is more intimately associated with the tax agency's growing scandal than Lois Lerner, director of the IRS’s Exempt Organizations Division. Since admitting the IRS harassed hundreds of conservative and Tea Party groups for over two years, Lerner has been criticized for a number of untruths—including the revelation that she apparently lied about planting a question at an American Bar Association conference where she first publicly acknowledged IRS misconduct.

Still, Lerner has her defenders in the government and the media. Shortly after the scandal broke, The Daily Beast  published an article headlined "IRS Scandal’s Central Figure, Lois Lerner, Described as ‘Apolitical.’" Insisting Lerner, and the IRS more broadly, were not not politically motivated has been a central contention of those trying to minimize the impact of the scandal.

The trouble with this defense is that, prior to joining the IRS, Lerner's tenure as head of the Enforcement Office at the Federal Election Commission (FEC) was marked by what appears to be politically motivated harassment of conservative groups.

Lerner was appointed head of the FEC's enforcement division in 1986 and stayed in that position until 2001. In the late 1990s, the FEC launched an onerous investigation of the Christian Coalition, ultimately costing the organization hundreds of thousands of dollars and countless hours in lost work. The investigation was notable because the FEC alleged that the Christian Coalition was coordinating issue advocacy expenditures with a number of candidates for office. Aside from lacking proof this was happening, it was an open question whether the FEC had the authority to bring these charges. 

James Bopp Jr., who was lead counsel for the Christian Coalition at the time, tells THE WEEKLY STANDARD the Christian Coalition investigation was egregious and uncalled for. "We felt we were being singled out, because when you handle a case with 81 depositions you have a pretty good argument you're getting special treatment. Eighty-one depositions! Eighty-one! From Ralph Reed's former part-time secretary to George H.W. Bush. It was mind blowing," he said.

All told the FEC deposed 48 different people—and that doesn't begin to account for all the FEC's requests for information. Bopp further detailed the extent of the inquiry in testimony delivered before the congressional Committee on House Administration in 2003:

The FEC conducted a large amount of paper discovery during the administrative investigation and then served four massive discovery requests during the litigation stage that included 127 document requests, 32 interrogatories, and 1,813 requests for admission. Three of the interrogatories required the Coalition to explain each request for admission that it did not admit in full, for a total of 481 additional written answers that had to be provided. The Coalition was required to produce tens of thousands of pages of documents, many of them containing sensitive and proprietary information about finances and donor information. Each of the 49 state affiliates were asked to provide documents and many states were individually subpoenaed. In all, the Coalition searched both its offices and warehouse, where millions of pages of documents are stored, in order to produce over 100,000 pages of documents.

Furthermore, nearly every aspect of the Coalition’s activities has been examined by FEC attorneys from seeking information regarding its donors to information about its legislative lobbying. The Commission, in its never-ending quest to find the non-existent “smoking gun,” even served subpoenas upon the Coalition’s accountants, its fundraising and direct mail vendors, and The Christian Broadcasting Network.

One of the most shocking things about the current IRS scandal is the revelation that the agency asked one religious pro-life group to detail the content of their prayers and asked clearly inappropriate questions about private religious activity. But under Lerner's watch, inappropriate religious inquiries were a hallmark of the FEC's interrogation of the Christian Coalition. According to Bopp's testimony: