WASHINGTON — House Committee on Ways and Means Chairman Jason Smith (R-Mo), Committee on Oversight and Accountability Chairman James Comer (R-Ky.), and Committee on the Judiciary Chairman Jim Jordan (R-Ohio) today are demanding answers about the Internal Revenue Service’s (IRS) potential retaliation against two whistleblowers, IRS Supervisory Special Agent (SSA) Gary Shapley and Special Agent (SA) Joseph Ziegler, who blew the whistle on politicization and misconduct in the federal criminal investigation of Hunter Biden. In a letter to Acting Principal Deputy Special Counsel Karen Gorman, the chairmen call on the U.S. Office of Special Counsel (OSC) to provide an immediate update on OSC’s investigation into the whistleblowers’ allegations and to seek an immediate stay at the U.S. Merit Systems Protection Board to pause the IRS’s latest threatening action. 

“SSA Shapley’s and SA Ziegler’s whistleblowing took courage and bravery. Because of their important disclosures, Americans learned how the IRS treats individuals differently based upon their last names. They made lawfully protected disclosures to Congress that resulted in unrelenting personal and professional attacks on them. But they have not wavered.  As this case has rightfully garnered significant public attention, OSC must show the whistleblower community that OSC will take appropriate and immediate action to stand up for whistleblowers,” wrote the chairmen.

Earlier this week, Gary Shapley’s attorney revealed that approximately one hour after an investigative journalist released an interview with the whistleblowers, in which they discussed damaging evidence of the IRS’s disparate treatment of U.S. taxpayers, the IRS issued Shapley a 15-day notice to either accept a demotion or resign. This comes after IRS Commissioner Daniel Werfel testified before the House Committee on Ways and Means that the agency won’t retaliate against whistleblowers. On July 5, 2023, the Committees, along with Senators Grassley and Johnson, wrote to the OSC requesting an investigation into the IRS’s retaliation against the whistleblowers. On June 17, 2024, the Committees joinedSpeaker Mike Johnson and Majority Leader Steve Scalise in expressing concerns about the U.S. Department of Justice’s treatment of the whistleblowers.

“OSC has the express authority to seek a stay at the Board under 5 U.S.C. § 1214(b)(1)(A)(i), which states, ‘The Special Counsel may request any member of the Merit Systems Protection Board to order a stay of any personnel action for 45 days if the Special Counsel determines that there are reasonable grounds to believe that the personnel action was taken, or is to be taken, as a result of a prohibited personnel practice.’  Given the IRS’s actions and the timeline they provided SSA Shapley, his case must be considered for an immediate stay at the Board. Further, because SSA Shapley’s and SA Ziegler’s cases have continued for almost 17 months with no findings from OSC, the Committees request a comprehensive briefing,” concluded the chairmen.

Read the letter to OSC Acting Principal Deputy Special Counsel Karen Gorman here.