Judge: IRS must reveal whether it conducted criminal probe of Clinton Foundation

Despite their seeming ability to elude scrutiny of every nebulous aspect of their post-White House dealings, a small degree of transparency may soon be imposed upon Bill and Hillary Clinton.

According to the Washington Examiner, federal Tax Court Judge David Gustafson last month ordered the Internal Revenue Service to declare whether it ever conducted a criminal probe of the Clinton Foundation, much to the certain consternation of the former president and secretary of State.

In response to questions raised by two financial analyst whistleblowers who claimed to have evidence of foundation wrongdoing, John Moynihan and Larry Doyle, Judge Gustafson called into doubt prior claims by the IRS Whistleblower Office that no criminal probe of the entity by the IRS had ever occurred.

Declaring that such a representation from the IRS “was not supported by the administrative record and thus constituted an abuse of discretion,” Gustafson remanded the matter to the agency’s Whistleblower Office for further investigation of the “gap” in its records.

The ruling stated that the office is now required to “further investigate to determine whether [it’s own Criminal Investigation division] proceeded with an investigation based on [Moynihan and Doyle’s] information and collected proceeds.”

Moynihan and Doyle made news back in 2018 when they claimed to have unearthed evidence of financial crimes and pay-to-play schemes at the heart of the Clinton Foundation’s work, as the Examiner noted.

The pair told the House Oversight Committee that they had conducted a comprehensive forensic probe of the organization using tax filings, public records, and interviews with foundation staffers and that they discovered improper use of organization funds to pay the Clintons’ personal expenses. They also claimed that they found evidence that the foundation was lobbying on behalf of foreign governments, contrary to its stated mission and potentially in violation of the Foreign Agents Registration Act.

Moynihan and Doyle said at the time that they could not provide lawmakers with material documents from their own probe because they were concerned about undermining ongoing federal investigations, claiming that they had turned their findings over to the IRS already, in the context of a “probable cause” submission.

Though Gustafson warned in his ruling that he did not plan to facilitate the pair’s apparent desire to “prove wrongdoing and tax evasion by the target entities and to prove dereliction of duty by the IRS,” he at least took the step of exposing whether a criminal probe of the of the Clinton Foundation was ever launched, something countless Americans believe should have been the case.