Paul L. Caron
Dean


Tuesday, September 30, 2014

The IRS Scandal, Day 509

IRS Logo 2Christian Post:  Documentary Highlights First-Hand Accounts of IRS Targeting Conservative, Christian Groups:

A documentary set to be released in October aims to show the American public exactly how the IRS is unfairly treating certain groups by sharing first-hand experiences from those "oppressed" by the IRS.

Bothered by the reports that the IRS was targeting conservative activist groups, Craig Bergman, a former Gulf War veteran and syndicated conservative talk show host, traveled across America to get to the bottom of how the IRS was targeting these groups.

In his travels, Bergam interviewed various leaders of conservative activist groups, religious groups, veterans associations, international adoption parents and other groups. His interviewees detailed on camera how the IRS either forced them to fill out "intrusive" paperwork while filing for tax exempt status, or stalled the paperwork, making it difficult for the groups to grow in size.

The documentary, "UnFair: Exposing the IRS," was screened this past weekend at the Values Voters Summit in Washington D.C. and will premiere on Oct. 14 at over 700 theaters nationwide. The documentary uses the first-hand experiences to transition into a call to action to help abolish the IRS and the income tax and promote the Fair Tax, which would be similar to a national sales tax.

USA Today op-ed:  For Next Attorney General, Reach Across Aisle, by Glenn Reynolds (Tennessee):

Perhaps President Obama — and, for that matter, future presidents — should take a lesson from the way we handle the Department of Defense, and apply it to the Department of Justice: Consider naming someone outside his own party as attorney general.

This frequently happens with secretaries of Defense, and it has been of benefit to the administrations that have done it. FDR picked a Republican, Henry Stimson, to be secretary of War in 1940, and that meant that the war — and the war's casualties — became a bipartisan matter instead of fodder for partisan attacks. President Obama retained George W. Bush's Defense secretary, Robert Gates, for most of his first term. He replaced Gates with another Republican, Chuck Hagel, in that position.

Having a Defense secretary from the other party makes war bipartisan, and reassures members of the opposition that the powers of the sword aren't being abused. Likewise, naming an attorney general from the opposite party would tend to make the administration of justice bipartisan, and would provide considerable reassurance, as Holder's tenure in office emphatically did not, that the powers of law enforcement were not being abused in service of partisan ends. In an age of all-encompassing criminal laws, and pervasive government spying, that's a big deal.

 

The order from U.S. District Court Judge Emmett Sullivan was certainly clear enough. In a landmark victory for Judicial Watch, the federal judge ordered the IRS to submit sworn declarations detailing what happened to Lois Lerner’s “lost” emails and what steps were being taken to find them. What was provided was a garbled explanation from no less than five IRS officials with more holes than a block of Swiss cheese. ...

These sworn declarations came from five IRS officials: Aaron G. Signor, John H. Minsek, Stephen L. Manning, Timothy P. Camus, and Thomas J. Kane.

We noted that the IRS and DOJ filings seem to treat as a joke Judge Sullivan’s order requiring the IRS to produce details about Lois Lerner’s “lost” emails and any efforts to retrieve and produce them to Judicial Watch as required under law.

This is the story we’re supposed to believe, according to these IRS officials: Lerner’s crashed drive was analyzed by two technicians who employed a variety of tech tactics to recover the data, to no avail. The drives – which, mind you, had no recoverable data according to these experts – were then “degaussed” (wiped clean) “to protect against any possible disclosure of… taxpayer information.” Anyone with even a passing familiarity with the IRS email scandal would have realized that these filings were a blatant continuation of the cover-up.

Well, if there’s one thing I know, it is that most federal courts don’t take kindly to being treated disrespectfully and expected to act like a somnolent member of Congress as administration officials mislead, omit, and play games.

Sure enough, in a stunning move, Judge Sullivan took the extraordinary step of launching an independent inquiry into the issue of Lerner’s missing emails. ...

Judicial Watch has filed hundreds of FOIA lawsuits. I have never seen this type of court action in all my 16 years at Judicial Watch.

Judge Sullivan has already authorized Judicial Watch to submit a request for limited discovery into the missing IRS records after September 10. So stay tuned for further details very soon.

Judge Sullivan took the additional step of appointing Magistrate Judge John M. Facciola to manage and assist in discussions between Judicial Watch and the IRS about how to obtain the missing records. Magistrate Facciola is an expert in e-discovery.

https://taxprof.typepad.com/taxprof_blog/2014/09/the-irs-15.html

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Comments

Prof. Reynolds’ history is a little off. No Republican president has ever appointed a Democrat as Secretary of Defense. Four Democratic presidents have crossed the aisle, however (Truman/Lovett, Kennedy/McNamara, Clinton/Cohen, Obama/Gates & Hagel). Nor did any Republican president ever appoint a Democrat as Secretary of War or Secretary of the Navy in the pre-Defense Department era. This suggests that, as appears to be the case with most of the calls for “bipartisanship” heard from the right, the term means the Democrats should “compromise” and adopt the right’s policy prescriptions and appointees. Moreover, one would be hard pressed to suggest any candidate–Republican or unaffiliated–that President Obama could nominate who would satisfy the current crop of Republican senators; simply recall the confirmation difficulties of Sec. Hagel.

Posted by: Publius Novus | Sep 30, 2014 8:03:47 AM