The Office of Special Counsel (OSC) has determined that the IRS retaliated against agents who reported misconduct in a high-profile case.
Just The News reported that the investigation found serious violations of whistleblower protections related to the Hunter Biden case, spotlighting systemic issues in handling internal disclosures.
Empower Oversight, representing IRS agents Gary Shapley and Joseph Ziegler, filed a complaint with the OSC in May 2023.
The complaint alleged that the agents faced adverse actions for whistleblowing on the Hunter Biden investigation, including their removal from the case.
On December 30, 2024, the OSC confirmed that the IRS issued illegal gag orders and unjustly removed the agents. This was a direct result of their attempts to report political interference, violating federal whistleblower laws.
According to the OSC's report, the communications from the IRS did not justify the removal of Shapley from the investigation. This illustrates a clear breach of legal statutes designed to protect federal employees who expose wrongdoing.
The whistleblower agency additionally found evidence of further possible retaliation. However, specific claims such as denied promotions and other retaliatory actions were not upheld, a decision Empower Oversight plans to appeal to the U.S. Merit Systems Protection Board.
This situation gained acute public attention after Shapley and Ziegler's whistleblowing led directly to the exposure of political interference, culminating in the indictment and subsequent conviction of Hunter Biden on tax and gun charges.
In a controversial move, President Biden pardoned his son, Hunter, in early December, effectively erasing the convictions. This action has intensified debates over the separation of power and the influence of politics in judicial processes.
Empower Oversight's Tristan Leavitt voiced serious concerns about the IRS's internal policies, including directives that agents should not discuss investigative activities outside the office without approval. These policies, he argued, undermine the effectiveness and credibility of whistleblower protections.
In correspondence shared with Senate Judiciary Committee Chairman Chuck Grassley, Leavitt underscored the importance of robust whistleblowing systems. He argued that failures in these systems leave whistleblowers vulnerable and discourage others from coming forward with crucial information.
Empower Oversight has called on the Senate to take decisive steps to repair what it describes as a "broken" system of whistleblower protection. Leavitt emphasized the risks faced by whistleblowers under the current regime, stating that without significant reforms, future whistleblowers might be discouraged from reporting violations.
The OSC's findings detailed instances where the IRS tried to suppress Shapley and Ziegler's concerns through administrative hurdles.
For example, Shapley caught a supervisor altering document dates to make it appear as though he made requests in a last-minute manner, further highlighting the agency's maneuver to discredit him.
Leavitt's detailed complaint to Sen. Grassley reveals a fraught narrative of retaliation against dedicated public servants. It paints a picture of a system where individuals committed to integrity and transparency are left defending themselves against their employers.
Addressing the broader implications of their findings, Empower Oversight warned of a chilling effect on potential whistleblowers within the IRS and beyond. This phenomenon threatens not just individual careers but the overall integrity of federal law enforcement and oversight.