U.S. Rep. Mike Johnson representing Louisiana's 4th Congressional District | Official U.S. House headshot
U.S. Rep. Mike Johnson representing Louisiana's 4th Congressional District | Official U.S. House headshot
WASHINGTON—Speaker of the House Mike Johnson (R-La.), Majority Leader Steve Scalise (R-La.), House Committee on Oversight and Accountability Chairman James Comer (R-Ky.), House Committee on the Judiciary Chairman Jim Jordan (R-Ohio), and House Committee on Ways and Means Chairman Jason Smith (R-Mo.) are investigating whether the U.S. Office of Special Counsel (OSC) has contributed to retaliation against IRS whistleblowers Gary Shapley and Joseph Ziegler. The House Republican leaders are seeking a briefing to determine whether there has been improper influence in the IRS whistleblowers’ claims pending before OSC.
“IRS whistleblowers Gary Shapley and Joseph Ziegler have been wholly consistent in their testimony about misconduct and politicization in the Department of Justice’s criminal investigation of Hunter Biden. They did exactly what an honorable government employee should do: when they witnessed wrongdoing, they reported it responsibly and made legally protected disclosures. Because of their bravery and integrity, we are finally beginning to see steps toward accountability. But this has not come without great cost to them. Mr. Shapley and Ziegler have faced retaliation for doing the right thing. The U.S. Office of Special Counsel, which is tasked with protecting whistleblowers, must conduct an impartial investigation of the claims of Mr. Shapley and Ziegler without improper influence from those seeking to smear these courageous individuals,” said the Republican leaders.
Below is the text of the letter:
Dear Acting Principal Deputy Special Counsel Gorman,
The House of Representatives, including the Committees on Oversight and Accountability, Judiciary, and Ways and Means (collectively, the Committees), is investigating whether the U.S. Office of Special Counsel (OSC) has contributed by action and/or inaction to retaliation against Internal Revenue Service (“IRS”) Supervisory Special Agent (“SSA”) Gary Shapley, and IRS Special Agent (“SA”) Joseph Ziegler (collectively, the Whistleblowers). Needless to say, such behavior would be contrary to OSC’s primary mission of protecting whistleblowers. The House Republican leadership and the Committees request a briefing to better understand OSC’s conduct and to ensure that there has not been any improper influence on OSC’s investigation.
SSA Shapley and SA Ziegler both have whistleblower retaliation claims pending before OSC. In particular, SSA Shapley made protected disclosures about the Office of the U.S. Attorney for the District of Delaware, alleging prosecutorial misconduct in the Hunter Biden investigation. SSA Shapley alleges that U.S. Attorney David Weiss began retaliating against him in November 2022 upon learning of his disclosure about his Office’s wrongdoing.
On March 11, 2024, Special Counsel David Weiss filed a redacted document related to the Whistleblowers with the United States District Court for the Central District of California, which was placed on the Court’s public docket. The phrasing of and redactions to this filing have led to media speculation about whether the Whistleblowers themselves are under investigation for wrongdoing. However, based upon information provided by counsel for the Whistleblowers, it is understood that they are not under investigation; rather, it is OSC that is investigating their allegations of retaliation.
Further concerns arise from OSC's request that information be filed with the Court under seal necessitating redactions in publicly available versions interpreted negatively towards Whistleblowers by many observers while no meaningful corrective action was taken by OSC over nearly two months.
Additionally noteworthy is after President Biden announced his nomination for now-Special Counsel Hampton Dellinger; U.S Senators raised deep concerns over his capacity fairly investigate given prior work at Boies Schiller “with Hunter Biden on various Burisma-related matters.” While acknowledging recusal from this matter special caution still urged ensuring no undue influences regarding these cases especially concerning specific court filings both pre/post-media scrutiny involved.
Accordingly house republican leadership & committees request detailed briefings covering these topics if questions arise contact oversight committee staff @ #(202)-225-5074 prompt attention appreciated
Sincerely,
Mike Johnson Speaker Of The House Steve Scalise Majority Leader James Comer Chairman Committee On Oversight & Accountability Jim Jordan Chairman Committee On Judiciary Jason Smith Chairman Committee On Ways & Means