IRS Whistleblower Formally Alleges Retaliation After DOJ Removes Team From Hunter Case

AP Photo/Patrick Semansky

As we reported on Monday, in a shocking turn of events, the whole IRS team working on the Hunter Biden probe has been removed from the case, according to a whistleblower.


The whistleblower’s attorneys told Congress in a letter that this was done at the order of the Department of Justice and that it was in retaliation for the attempt to make whistleblower disclosures.

Today the Internal Revenue Service (IRS) Criminal Supervisory Special Agent we represent was informed that he and his entire investigative team are being removed from the ongoing and sensitive investigation of the high-profile, controversial subject about which our client sought to make whistleblower disclosures to Congress.

Now we have more of the letter alleging retaliation from attorneys Mark Lytle and Tristan Leavitt. They are alleging it is an obstruction of a congressional inquiry that violates his protection as a whistleblower to make disclosures, noting it was a clear change in his duties because of his disclosures to Congress and that it was a potential crime to obstruct an investigation by Congress. They also noted this was exactly the kind of behavior their whistleblower was trying to blow the whistle on, to begin with.


On April 27, 2023, IRS Commissioner Daniel Werfel appeared before the House Committee on Ways and Means. He testified: “I can say without any hesitation there will be no retaliation for anyone making an allegation or a call to a whistleblower hotline.” However, this move is clearly retaliatory and may also constitute obstruction of a congressional inquiry.

Our client has a right to make disclosures to Congress pursuant to 26 U.S.C. § 6103(f)(5) and 5 U.S.C. § 7211. He is protected by 5 U.S.C. § 2302 from retaliatory personnel actions—including receiving a “significant change in duties, responsibilities, or working conditions” (which this clearly is) because of his disclosures to Congress. Any attempt by any government official to prevent a federal employee from furnishing information to Congress is also a direct violation of longstanding appropriations restrictions. Furthermore, 18 U.S.C. § 1505 makes it a crime to obstruct an investigation of Congress.

We respectfully request that you give this matter your prompt attention. Removing the experienced investigators who have worked this case for years and are now the subject-matter experts is exactly the sort of issue our client intended to blow the whistle on to begin with.


That tells you that they weren’t quite done with their job, at least not in their minds, for any speculating that they might be done and charges are coming soon.

But you have to do something to protect the whistleblowers, especially if you know who the people are. The Biden team apparently thinks they can get away with anything because — at least up to this point — they have. At this point, if Congress doesn’t do anything about it, there is no more rule of law and all these laws and protections mean squat. Congress needs to call in the people behind the removal and rake them all over the coals. If they do not, then this will continue and we are a country that is ruled by power, not by law.


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