After this email exchange, Lerner handed things off to Senior Technical Adviser and Attorney Nancy Marks, who was in charge of setting up a meeting with DOJ.
Just a few short days later on May 10, 2013, Lerner admitted and apologized for the inappropriate targeting of conservative tea party groups during an American Bar Association Conference after answering a planted question. Further according to Judicial Watch, "In an email to an aide responding to a request for information from a Washington Post reporter, Lerner admits that she cant confirm that there was anyone on the other side of the political spectrum who had been targeted by the IRS. She then adds that The one with the names used were only know [sic] because they have been very loud in the press.
In other words, only conservative groups were being looked at for criminal prosecution.
Last week news broke that Democratic Rep. Elijah Cummings' staff was in contact with Lerner about the conservative group True the Vote, despite denying any contact occurred. In this specific instance of Lerner discussing possible criminal prosecution of tax-exempt groups through DOJ, Democratic Senator Sheldon Whitehouse seems to have been the person to get the ball rolling.
"As I mentioned yesterday -- there are several groups of folks from the FEC world that are pushing tax fraud prosecution for c4s who report they are not conducting political activity when they are (or these folks think they are). One is my ex-boss Larry Noble (former General Counsel at the FEC), who is now president of Americans for Campaign Reform. This is their latest push to shut these down. One IRS prosecution would make an impact and they wouldn't feel so comfortable doing the stuff," she wrote. "So, don't be fooled about how this is being articulated it is ALL about 501(c)(4) orgs and political activity."
Lerner later acknowledged pursuing prosecutions of these groups would not fit well with the law.
These new emails show that the day before she broke the news of the IRS scandal, Lois Lerner was talking to a top Obama Justice Department official about whether the DOJ could prosecute the very same organizations that the IRS had already improperly targeted, Judicial Watch President Tom Fitton said in a statement. The IRS emails show Eric Holders Department of Justice is now implicated and conflicted in the IRS scandal. No wonder we had to sue in federal court to get these documents.
BREAKING: New Emails Show Lois Lerner Was in Contact With DOJ About Prosecuting Tax Exempt Groups - Katie Pavlich