Understanding the Role of the IRS in a Potential Tax Evasion Investigation
On the allegations surrounding Justice Thomas and a RV purchase funded by a forgiven loan, it's crucial to differentiate the roles of different U.S. government entities, particularly the Internal Revenue Service (IRS) and the Department of Justice (DOJ).
Firstly, it's important to note that the President should not prompt the DOJ to investigate anyone, as evidenced by President Biden's adherence to this principle. However, it's reasonable for the IRS, especially when following leads from the public, to investigate tax evasion cases, regardless of the involved parties' status.
Congress and the DOJ's Investigative Powers
If, through their research and investigations, Congress or any other branch of government uncovers evidence of tax evasion or other legal violations, they can refer the case to the IRS and/or the DOJ for further action. The DOJ, under the leadership of the Attorney General, has the authority to conduct criminal investigations and prosecutions only when they find credible evidence of crimes.
Historically, both Presidents Barack Obama and Joe Biden have emphasized the importance of the separation of powers, particularly when it comes to the DOJ's operations. As such, it aligns with the tradition that President Biden and his administration would not interfere in the DOJ's work, unless they have concrete evidence.
The IRS: Always Investigating
The IRS is no stranger to investigating reported cases, whether from citizens or other government entities. Given the public and financial implications, it's highly likely that the IRS has already initiated an investigation into Justice Thomas' situation. Under the normal course of duty, the IRS would look into any tip or piece of information pointing towards tax evasion or fraud.
DOJ’s Role and Independence
The DOJ plays a crucial role in legal matters but maintains independence from the executive branch. The Attorney General, tasked with enforcing U.S. laws, would initiate an investigation into a case only if there is sufficient evidence of criminal activity. This process demonstrates the principles of checks and balances and the separation of powers.
For instance, while there have been calls for the President to pressure the Attorney General, such as Garland, to investigate potentially inappropriate behavior by high-ranking officials, this should not undermine the DOJ's independence or integrity. The DOJ’s function remains to independently evaluate and prosecute any evidence of criminal conduct.
Political Speech and the Role of the President
It's also worth considering the broader political landscape. Statements from the President, while important, should not be misconstrued into direct involvement in the legal process. The President's role is to ensure the laws are enforced, but this does not extend to requesting specific investigations or engaging in lawfare. Jawboning and using the "bully pulpit" to nudge public opinion and galvanize action is a well-established part of the President’s role.
In summary, the IRS seems likely to investigate Justice Thomas’ situation, aligning with its duty to investigate public reports. The DOJ, under the leadership of the current Attorney General, would act based on the strength of the evidence and the principles of law and justice. The President's role, by contrast, is to oversee and support the enforcement of laws, not to directly dictate or pressure the DOJ.