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At today's hearing lawmakers repeatedly accuse the outgoing IRS chief of giving false statements to congress it's a charge that he denies that.
This week we learned that some senior IRS officials were were well aware of that targeting two years ago.
-- guess what it never really came up at any of the hearings on the hill despite a two year long investigation by this committee.
The IRS never told the American people or their representatives about this simple truth.
In fact we were repeatedly told no such targeting was happening.
That isn't being misled.
Joining me now is a legal perspective former federal prosecutor and Department of Justice official Doug burns -- thanks very much what comes to mind is perjury and false statements to congress.
-- put it up on the screen here's basically what you have to prove.
Knowingly and willfully.
Falsifying concealing -- recovery not mature real fact.
Making a materially false statement or using a false writing war document if Miller -- in march of 2012.
But a month later sent a letter denying it could this case get referred to.
And in fact -- highlighting something that's very important and people haven't focused on today as much as they should have.
Which is that today it was interest thing if you watch the -- visitors giving their very carefully.
Sort of crafted legal answers and so forth but you're hitting a much more important.
Cord which is that.
Well back he testified as well as -- was mr.
showman before congress.
And they made statements denying knowledge -- -- from a legal standpoint a break this down to two things one.
Was this as is being politically suggested just a couple of rogue people in Cincinnati off on the wrong that's -- -- most people are gonna have a tough time with that.
And then right into your point if it went -- the Stephen Miller level.
And the -- level and they denied it and they have a serious legal problems.
Here's another little known law will put this up on the screen -- actually an attempt to interfere with IRS laws I think -- thing and you can be an IRS employee in violate this law -- corruptly or by force of structure impedes the due administration of the internal revenue code.
One year behind bars yeah.
Are you familiar with that because as a federal prosecutor.
You know title 2672.
All wanted to vision both to go through just keep going down oh -- failure to file and I do remember twelve and it's important because it's a misdemeanor.
So very often defense attorneys are always trying to bargain for that misdemeanor they are absolutely right that would apply but here again back to your original observation.
If they really did intentionally lied to congress they would be facing a felony.
-- chairman of the house Ways and Means Committee Dave Camp said in an interview that the IRS has leaked confidential.
Information people potentially for political reasons back.
He's potentially another crime will put it up on the screen leaking confidential information you know this one federal employee willfully discloses any person.
Any -- turn overturn information.
Five years behind bars and how.
We had a case where a woman in a service center and I want to identify which one photocopied the tax return of the mega music superstar will remain nameless.
And it was that exact -- you think of the point it will in the end to end up behind bars.
It's hard to say I think this will be referred for something for criminal prosecution if emails and other documents show that they knew back.
When -- first testified but it's hard to predict the outcome of any -- Doug burns former federal prosecutor thanks very much for being with us is -- my pleasure.
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