Patterico's Pontifications

6/24/2018

Fever Swampers of the Right Smear Office of Special Counsel Head Henry Kerner

Filed under: General — Patterico @ 3:15 pm



President Trump’s Special Counsel Henry Kerner is a friend of mine. I have known him for over 20 years. He is a former colleague at the District Attorney’s Office who helped get me my job there.

I attended a farewell party for Henry when he left Los Angeles and the D.A.’s office to go to Washington. Henry is a lifelong staunch conservative who went to Washington as part of the Tea Party revolution. Now he has been confirmed as the head of Trump’s Office of Special Counsel — an office that protects federal whistleblowers and addresses Hatch Act violations, among other things.

In the reports concerning the scandal in which the IRS targeted Tea Party organization, Henry was deeply involved in the dissent to the majority report that laid out the reasons that the IRS’s targeting was so repulsive and wrong. As the Washington Post noted at the time:

Republicans offered dissenting conclusions in the Senate report, determining that the TIGTA audit was “accurate and proper” and saying that 83 percent of the targeted groups were right-leaning. “Simply stated, the IRS treated these conservative and Tea Party groups differently from other non-conservative groups,” the GOP members said.

Henry is the last person in the world who would ever be a part of targeting Tea Party groups. He was instrumental in calling out the IRS for what it did.

Imagine my surprise, then, to see my friend labeled by the nutcase far-right Conservative Treehouse fever swamp blog as a “deep state fixer.” I won’t repeat their nonsense, but it is standard far-right conspiracy theorizing about the “deep state” — only this time I know the guy involved, and I know it’s not true.

Conservative BananaHouse doesn’t bother to tell you that the report from the minority, in which Henry was involved, was on the side of the Tea Party groups. They make it sound like Henry was investigating himself or something, which is laughable.

Fever swamper Jim Hoft printed a similarly irresponsible post but has issued a semi-retraction. Hoft originally reported this story with a breathless headline labeling Henry a “D.C. Hatchet Man” — as you can see in their original URL:

https://www.thegatewaypundit.com/2018/06/stunning-dc-hatchet-man-behind-coordinated-irs-attacks-on-tea-party-is-currently-in-charge-of-all-dc-special-investigations/

But if you follow the link, you’ll see that Hoft now reports Henry’s side, after Henry spoke to Hoft:

Henry told us the report is inaccurate. The Tea Party targeting occurred before the 2012 election and the report in question by the Senate Permanent Subcommittee on Investigations was published in September 2014. Henry’s name and Senator McCain’s name were on the report but the Republican minority at the time refused to sign Carl Levin’s report and released a report of their own.

Henry worked for Rep. Darrell Issa and was a member of the Harvard Republican club. Henry currently serves as head of the Office of Special Counsel.

Henry disputes this week’s reports. He says the IRS targeting scandal was strictly a Democrat endeavor.

Henry Kerner agreed with The Gateway Pundit that Judicial Watch is an excellent organization.

The allegations originated with Judicial Watch, who released notes from an IRS staffer purporting to quote Henry as saying that “maybe the solution [for groups abusing their 501(c)(4) status] is to audit so many that it is financially ruinous”:

Henry Kerner asked how to get to the abuse of organizations claiming section 501(c)(4) but designed to be primarily political. Lois Lerner said the system works, but not in real time. Henry Kerner noted that these organizations don’t disclose donors. Lois Lerner said that if they don’t meet the requirements, we can come in and revoke, but it doesn’t happen timely. Nan Marks said if the concern is that organizations engaging in this activity don’t disclose donors, then the system doesn’t work. Henry Kerner said that maybe the solution is to audit so many that it is financially ruinous. Nikole noted that we have budget constraints. Elise Bean suggested using the list of organizations that made independent expenditures. Lois Lerner said that it is her job to oversee it all, not just political campaign activity.

Judicial Watch takes the comments out of context to suggest — perhaps as payback for OSC’s finding that Kellyanne Conway violated the Hatch Act? Who knows? — that Henry was somehow complicit in the targeting of Tea Party groups. Unfortunately, probably because of Judicial Watch’s unfair portrayal, even Larry O’Connor at the Washington Times — not a fever swamper — mistakenly alleged that Henry was talking about Tea Party groups.

A new report from Judicial Watch reveals a concerted effort from Sen. John McCain’s office to urge the IRS under Lois Lerner to strike out against political advocacy groups, including tea party organizations.

This is badly wrong, and Larry presents zero evidence in support of that allegation — and the timing doesn’t support it at all, which Larry would realize if he stopped to think about it for a moment.

Nothing in the quoted passage from the IRS staffer’s notes suggests that Henry was talking about Tea Party groups — and Lois Lerner’s admission that the IRS had previously targeted these groups came just ten days later, meaning that the IRS targeting had long since happened before Henry asked the question (assuming the notes are accurate, which I do not). Obviously, the years-long targeting did not take place in ten days. So what was Henry talking about? Even though the IRS/Tea Party scandal was an outrage, there are definitely non-profits that abuse their status as supposedly apolitical outfits (can you say ACORN?) and a new staffer asking questions about what to do about such abusive groups is hardly evidence of targeting groups for improper reasons.

This is truly Bizarro World. Best of all, even though Senator McCain was infuriated by the Tea Party scandal, this total nothingburger has been used to make McCain sound like he was part of the Lerner brigade. Here are the top comments at a post on the controversy at PJMedia:

McCain Comments at PJM

Nothing makes a made-up controversy better than sprinkling a nice dose of evil on top.

Jane, stop this crazy thing.

UPDATE: A few more points that just cement how ridiculous this all is. First, pull up the notes from the IRS staffer and look for the words “Tea Party” or “conservative.” Do you see them? I can’t find them. Second of all, look how many people are there, and look at all the questions Henry is asking. He is clearly learning about this process for the first time. Even if you didn’t know Henry and his conservatism the way I do, the notion that he is walking into a large group of strangers and making an improper suggestion to target Tea Party groups, when he is obviously meeting these people for the first time, is ludicrous.

[Cross-posted at The Jury Talks Back.]

75 Responses to “Fever Swampers of the Right Smear Office of Special Counsel Head Henry Kerner”

  1. early days yet

    happyfeet (28a91b)

  2. If you vouch for Henry, I believe you, its just the deems bury everything under a mile of peatmoss whether its fast and furious or IRS or Benghazi and then they move to another squirrel,

    narciso (d1f714)

  3. Henry is a lifelong staunch conservative who went to Washington as part of the Tea Party revolution. Now he has been confirmed as the head of Trump’s Office of Special Counsel — an office that protects federal whistleblowers and addresses Hatch Act violations, among other things.

    So the bottom line is he works for Trump.

    DCSCA (797bc0)

  4. i’m inclined to believe this is rather ginned-up

    but John McCain’s been such a cowardly conniving slut-lick his whole life that when this sort of thing comes up people don’t give him the benefit of the doubt anymore

    and he earned that all by himself

    happyfeet (28a91b)

  5. Good Lord, Patterico, but I am sorry for the comments. What the hell is wrong with people.

    Thank you for posting your own decades long experience against what people post reactively.

    Simon Jester (99147b)

  6. Well hes an improvement over willy wonka ticket
    holder Shaub,

    narciso (d1f714)

  7. Shaub’s a lubriciously lovely if perhaps slightly bloated representative specimen of the type of trash what devote their entire one god-given life to working for the federal government

    happyfeet (28a91b)

  8. So wait – this guy is a friend of yours?

    Then why aren’t we getting a steady stream of juicy dirt on Trump?

    He’s supposedly a ring-leader of the Deeeeeeeeep Staaaaaate conspiracy. You’re supposedly (at best) a willing dupe and mouthpiece of said conspiracy.

    And yet, we haven’t seen a single damaging leak through you from this source.

    Are you guys both just incompetent?

    🙂

    Dave (59a371)

  9. Terrific post, meticulously documented, backed up with first-person experience. I hope it gets wide circulation, even via that Twitter thing.

    Beldar (fa637a)

  10. Beldar, many thanks to you and DRJ for posting calmly, with clarity and without the usual crudeness and over the top nuttiness far too common here.

    Simon Jester (99147b)

  11. Trivia: Noted lawyer Barack Obama’s name appears as counsel of record in any of Westlaw’s federal libraries precisely one time — as the second-chair lawyer representing (now-disbanded in bankruptcy and shame) ACORN before the Seventh Circuit in an Illinois motor-voter case.

    Beldar (fa637a)

  12. the IRS targeting scandal was strictly a Democrat endeavor

    but Team R did very little by way of any attempt to hold anyone accountable

    they even let corrupt odious sleestak John Koskinen slurk around til he could snarfle his piggy-pension

    that was a choice

    happyfeet (28a91b)

  13. “after Henry spoke to Hoft”

    My deepest sympathies to your friend.

    Davethulhu (aa7e8c)

  14. If you vouch for Henry, I believe you

    I do.

    Zero chance Henry Kerner helped target Tea Party organizations. Zero.

    Patterico (115b1f)

  15. My deepest sympathies to your friend.

    I know, right?

    Patterico (115b1f)

  16. 15. Any friend of Pat’s…

    Gryph (5efbad)

  17. *sigh*

    there’s a huge disconnect between washington, d.c. and america and i don’t know how to help

    and isn’t it ironic

    don’cha think

    happyfeet (28a91b)

  18. Meghan McCain tears into Maxine Waters for urging protests against Trump officials

    oh yes

    oh yes

    tear into it baby

    tear it up so good

    happyfeet (28a91b)

  19. meghanlicklick, honey-pickles, it was directed by david fincher

    just for your notes

    so use it that’s what it’s for

    happyfeet (28a91b)

  20. But half the time sassy Meghan agrees with Waters is pushing….

    urbanleftbehind (847a06)

  21. such a nasty little family

    no wonder they gravitated to the palins so instinctively

    happyfeet (28a91b)

  22. Actually the Jones memo, shows he was perfectly willing to throw her to the wolves using Schmidt and Wallace to do it.

    narciso (d1f714)

  23. 🙁

    happyfeet (28a91b)

  24. I hope Mr Kerner is a fan of homemade PB&J sandwiches.

    Pinandpuller (16b0b5)

  25. pb = cancer

    happyfeet (28a91b)

  26. That would put Mr. Kerner in good steed with Dave Ramsey (“you should only be in a restaurant if you work there or own it”).

    urbanleftbehind (847a06)

  27. It’s good that you’re loyal to your friend and posted something explaining the smear. I’m sure Henry very much appreciates this powerful post.

    Dustin (ba94b2)

  28. A lot of sites are still running with this and the fever swampers at Judicial Watch and The Federalist (AFAIK) have yet to issue a correction/retraction.

    Wonder why they went out of their way to target him. Revenge for besmirching KAC seems crazy.

    harkin (e5c973)

  29. I think we can say equally about the Mueller snipe hunt, or are you still thinking you will find a,pony there,

    Meanwhile the redactions ‘re the if report are multiples about what’s in the document.

    Narciso (0c09b6)

  30. The left coordinates everything they prespun the tigta report as they did with initial accounts of fast and furious, deliberately mixing it up with wide receiver, a similar program with actual safeguards.

    Narciso (0c09b6)

  31. Wonder why they went out of their way to target him. Revenge for besmirching KAC seems crazy.

    They will do or say anything to smear anyone associated with Mueller.

    Dave (445e97)

  32. harkin (e5c973) — 6/24/2018 @ 6:02 pm

    This is the age of Trump.
    Integrity in public office is for virtue-signallers.
    The focus of the OSC is integrity in public office.
    So if you can convince people the OSC is simply faking integrity, you don’t have to deal with integrity.

    That sounds rather cynical, I am sure. In fact I hope I am wrong. But this is the age of Trump.

    kishnevi (db47fb)

  33. I see this as an ongoing attempt by Trumpalistas to smear McCain (including by Glenn Reynolds himself, who I’ve lost a lot of respect for), and Kerner was wrongfully caught in the backwash.

    Paul Montagu (54c2a3)

  34. How much of the ‘fever signalling’ has been true, kish, i’m not even calling it virtue signaling, because virtue must pertain to both sides.

    Narciso (0c09b6)

  35. “I see this as an ongoing attempt by Trumpalistas to smear McCain”

    Kerner getting caught up in the highly justified hate of McCain via association, more like. The amount of opportunity cost and goodwill Republicans lost by pushing his candidacy was incalculable, much like the Iraq war tally.

    Tellurian (312848)

  36. mccain is nothing if not reliably self-smearing

    happyfeet (28a91b)

  37. mccain is truly one of the filthiest most execrable and cowardly people ever to slither in and around congress

    it does NOBODY any credit to have worked for him

    it’s like check me out i was VP for production under Harvey Weinstein

    ooh so prestigious

    happyfeet (28a91b)

  38. Kerner getting caught up in the highly justified hate of McCain via association, more like.

    There may be some justified hate, but I’m seeing a lot more of the irrational kind in the Trump universe, but that Instapundit post was directed at McCain because of the phony story on Kerner.
    BTW Patrick, good on you for having your friend’s back.

    Paul Montagu (54c2a3)

  39. UPDATE: A few more points that just cement how ridiculous this all is. First, pull up the notes from the IRS staffer and look for the words “Tea Party” or “conservative.” Do you see them? I can’t find them. Second of all, look how many people are there, and look at all the questions Henry is asking. He is clearly learning about this process for the first time. Even if you didn’t know Henry and his conservatism the way I do, the notion that he is walking into a large group of strangers and making an improper suggestion to target Tea Party groups, when he is obviously meeting these people for the first time, is ludicrous.

    Patterico (115b1f)

  40. They will do or say anything to smear anyone associated with Mueller.

    You do realize that the “special counsel” office Henry heads has nothing to do with Mueller, right?

    That, despite the hilarious image you see if you Google Henry’s name.

    Henry Kerner Um No

    LOL. My, Henry, you look so different! So much…less friendly!

    Patterico (115b1f)

  41. Mr. P it’s never ridiculous to cast aspersions on self-styled D.C. potentates

    i’m the first one to wish it wasn’t so

    but alas

    happyfeet (28a91b)

  42. BTW Patrick, good on you for having your friend’s back.

    One of the main purposes of a friend is to be there when you’re down or under attack. Otherwise, what good are you?

    Patterico (115b1f)

  43. I just wish I’d seen this earlier. But for narciso, I might never have seen it.

    Patterico (115b1f)

  44. From above:

    “If you vouch for Henry, I believe you

    I do.

    Zero chance Henry Kerner helped target Tea Party organizations. Zero.”

    But Patterico frequently has disparaging comments about Trump.

    If a friend that is trusted 100% by Patterico goes to work for someone Patterico frequently criticizes sharply, in this case Trump, sounds like that friend must be cleverly tailoring his comments chameleon like for his current audience.

    How does that 100% trusted friend respond to Patterico’s sharp criticisms of Trump?

    william elbel (fd5d32)

  45. But Patterico frequently has disparaging comments about Trump.

    If a friend that is trusted 100% by Patterico goes to work for someone Patterico frequently criticizes sharply, in this case Trump, sounds like that friend must be cleverly tailoring his comments chameleon like for his current audience.

    How does that 100% trusted friend respond to Patterico’s sharp criticisms of Trump?

    To the extent I can understand your gibberish (the second paragraph being completely incomprehensible) Henry’s views are his own. You can safely assume Henry is more favorable to Trump than I am. Absolutely nothing about this entire situation suggests that he has been anything but forthright about that, so it sounds like you are making stuff up.

    Patterico (115b1f)

  46. Contrary to popular belief, I am friends with Trump supporters. All I ask is that they be honorable and decent. Henry is those things, in spades.

    Patterico (115b1f)

  47. #43 is so very true, Patterico.

    Simon Jester (99147b)

  48. 18. there’s a huge disconnect between washington, d.c. and america and i don’t know how to help

    Somewhat o/t:

    Consider for a moment, 435 individuals in the house of representative. 100 individuals in the senate. 1 executive (assuming a unitary executive branch, but that’s a debate for another day), and 9 supreme court justices. That is a grand-sum-total of 545 individuals in our federal government. The rest are employees that serve at the whim of these 545.

    Step back for a moment and ask yourself, how is it possible for 545 individuals to exercise such a large degree of control over a nation of 330+ million? How is it that we, as a nation, despite all our caterwauling to the contrary, continue to treat the authority of these 545 people as if it is somehow legitimate? I think the electorate ultimately has no one to blame but themselves. Or to put it another way,

    We have met the enemy, and he is us.

    Gryph (08c844)

  49. …UPDATE: A few more points that just cement how ridiculous this all is. First, pull up the notes from the IRS staffer and look for the words “Tea Party” or “conservative.” Do you see them? I can’t find them.

    UPDATE: Read the army report on the Fort Hood massacre and look for the words “Islam” or “Muslim” or “Nidal Hasan.”

    Steve57 (0b1dac)

  50. Or consider how the 28 pages didn’t make it into the 9/11 commission report, how it,was classified for 13 years.

    Narciso (0c09b6)

  51. I am not trying to get banned although that may be the result. I am simply trying to explain how bull excrement which is useful as a fertilizer gets processed into government detritus. And how it saddens me when Pat traffics in it.

    Steve57 (0b1dac)

  52. @51. Saudi men may pilot planes but now their women can drive.

    DCSCA (797bc0)

  53. Can we at least agree that simply because something doesn’t make it into the final report, that doesn’t make the something untrue?

    Steve57 (0b1dac)

  54. @55. Truthiness?! 😉

    DCSCA (797bc0)

  55. @51. Saudi men may pilot planes but now their women can drive.
    DCSCA (797bc0) — 6/24/2018 @ 9:17 pm

    We can now all rejoice that the jihadis are wallowing in h2ll with their brown-eyed large-breasted raisins.

    Don’t ask. Don’t even ask.

    Steve57 (0b1dac)

  56. And how it saddens me when Pat traffics in it.

    I’m not sure how Pat is trafficking in “bull excrement”, which is up to you to prove, when it was Judicial Watch that took his words out of context and it was Hoft and CT who misrepresented his positions.

    Paul Montagu (54c2a3)

  57. So the fact that the Obama administration explicitly targeted tea party organizations to enable a victory. Using not merely it’s but osha and justice isn’t important.

    Narciso (0c09b6)

  58. But it was just the cincinatti cell, just like with project midyear there was no bias.

    Narciso (0c09b6)

  59. 55. Can we at least agree that simply because something doesn’t make it into the final report, that doesn’t make the something untrue?
    Steve57 (0b1dac) — 6/24/2018 @ 9:19 pm

    56. @55. Truthiness?! 😉
    DCSCA (797bc0) — 6/24/2018 @ 9:23 pm

    At least read the report, he sez? Is that too much to ask, he sez? No sir DCSCA Sez. That’s just too f***ing much. Except DCSCA left off the sir.

    That will cost him. I earned it.

    Steve57 (0b1dac)

  60. If its a material like the motivation of the shooter, or the support network for the hijackers I would say so.

    Narciso (0c09b6)

  61. Don’t at least call me ten gauge. coronello?

    Steve57 (0b1dac)

  62. From above:

    “You can safely assume Henry is more favorable to Trump than I am. Absolutely nothing about this entire situation suggests that he has been anything but forthright about that, so it sounds like you are making stuff up.”

    If a friend I formerly trusted 100% now openly supports and associates with someone i think whose views and actions are dishonorable and reprehensible, such as BHO ” if you like your Doctor…” and ” the Iranian cash giveaway is by far the best option…”, I no longer trust that friend’s judgement as much because they openly give a pass on blatant dishonesty.

    I take it that your 100% trusted friend has been unable to have any effect on your often harsh views of Trump, or at least justify why he is associated with someone you often find so reprehensible.

    Keeping Hillary out of the White House saved the Republic, at least temporarily, and for that accomplishment, Trump’s imperfections are a pittance to pay.

    william elbel (fd5d32)

  63. What if the friend proved true, time and time again?

    Steve57 (0b1dac)

  64. 64. Pat has said time and again, his quarrel is not with people who voted in the general election to keep Hillary out of the White House. I personally think the “saved the republic” rhetoric is a little overwrought, but whatevs. Having voted for Trump in the general doesn’t necessarily make a person a knob polishing Schlichterite.

    Gryph (08c844)

  65. So Kerner didn’t do what JW said he did.
    Then what? He disappeared from the issue?
    He leaked to the NYT?
    Called a republican senator?

    Richard Aubrey (10ef71)

  66. Henry Kerner asked how to get to the abuse of organizations claiming section 501(c)(4) but designed to be primarily political. Lois Lerner said the system works, but not in real time

    I can’t find these words here:

    http://www.judicialwatch.org/wp-content/uploads/2018/06/JW-vs-IRS-unredacted-1559-pg-19-29-clean.pdf

    But maybe it is just that searching Adobe Acrobat doesn’t work in that browser.

    What I do see is that Henry Kerner (and others) were asking about their general policy, with an aim to getting at whether their audits of new “Tea Party” groups were routine or not.

    He wasn’t the only questioner. Some of the other questions were much better like about why there was no bright line. (which a search for “bright” didn’t find so something’s not working here with me when I use “Adobe Acrobat’s Find in Internet Explorer. The searching doesn’t seem to work in Mozilla Firefox either, although the layout is different.)

    Sammy Finkelman (02a146)

  67. That is a grand-sum-total of 545 individuals in our federal government. The rest are employees that serve at the whim of these 545.

    Gryph (08c844) — 6/24/2018 @ 8:59 pm

    You should count the VP. He is elected, not firable. Also, has an actual day-to-day constitutional role as President of the Senate.

    Anon Y. Mous (6cc438)

  68. pb = cancer
    happyfeet (28a91b) — 6/24/2018 @ 5:30 pm

    Not proven. Don’t let all that unscientific speculation get you down. Be happy!

    Anon Y. Mous (6cc438)

  69. Another day at the office in Trumpistan:

    Russian company that tried to throw election to Trump now goes to bat for him in court

    A Russian company accused of bankrolling a vast online campaign to influence the 2016 US election joined the attacks against special counsel Robert Mueller’s investigation on Monday.

    Concord Management and Consulting argues that Mueller’s appointment as special counsel was unlawful and that he lacked the authority to charge the Russian company with conspiracy.

    Their argument seems to boil down to: only a prosecutor personally beholden to the beneficiary of our conspiracy can charge us, *wink* *wink*.

    Dave (445e97)

  70. there is many science

    happyfeet (28a91b)

  71. Hold onto your horses, Maxine is about to hold a press briefing…

    🙂

    Dave (445e97)

  72. As with many carcinogens, quantity is everything. There’s no danger with the normal name-brand peanut butter, though that “natural” and/or “organic” stuff would be more at risk.

    Anon Y. Mous (6cc438)


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