Paul L. Caron
Dean





Sunday, January 24, 2016

The IRS Scandal, Day 990

IRS Logo 2Power Line, Federal Bureaucracies: Incompetent, Corrupt, Or Both?:

The saga of Barack Obama’s Internal Revenue Service is almost unbelievable. After “joking” years ago that he would audit his enemies, it turned out that Obama’s minions were in fact delaying or blocking routine applications for 501(c) status by conservative organizations, in order to help the Democratic Party. When Congress tried to investigate, the Obama administration stonewalled at every turn. Evidence mysteriously disappeared and the key player in the scheme, Lois Lerner, pled the Fifth rather than answer Congress’s questions.

Obama’s stonewall strategy has generally worked well. Scandals fade from the front pages when there are no new developments, and if information finally emerges, Democratic Party reporters treat it as old news. So the IRS scandal has pretty much disappeared from public awareness. Nevertheless, via InstaPundit, we learn that yet another IRS computer hard drive has been destroyed. How many is that now? I’ve lost track. ...

Most people probably don’t realize how astonishing this is. I practiced law for 41 years before retiring at the end of last year, all of it doing litigation. Preserving evidence is a routine obligation in lawsuits; it doesn’t depend on a court order. But if a federal judge has ordered a party to preserve a hard drive, as happened here, you can be assured that the hard drive will be protected like the crown jewels. Every company in America understands this: if a court has ordered you to preserve evidence, you guard it with your lawyers’ lives.

And yet, time after time, the IRS has either inadvertently or intentionally destroyed hard drives that courts have ordered them to preserve. In the private sector, this is unthinkable. Private companies obey court orders. They know that if they don’t, millions of dollars in sanctions are likely to result, and executives will lose their jobs. Only in government agencies do we see this kind of irresponsible scofflaw behavior. This is because most bureaucrats have a deep loyalty to the left-wing cause, and there is no accountability. ...

Is this because federal agencies are corrupt, or because they are unusually inept? The familiar adage is that one should never presume malice when incompetence is a sufficient explanation. But here, I think we are going beyond ineptitude. Are federal agencies the only employers who can’t hire people who know how to follow court orders? No. Incompetence may play a part, but it is hard to avoid the conclusion that federal agencies led by left-wing bureaucrats, including but not limited to the IRS, view themselves as above the law and protected by the scofflaw Obama administration, and therefore entitled to thumb their noses at the federal courts.

https://taxprof.typepad.com/taxprof_blog/2016/01/the-irs-scandal-day-890.html

IRS News, IRS Scandal | Permalink

Comments

Maybe because most judges have a peculiar attachment to facts. Power Line and many (or most) right-wing media, on the other hand, do not.

Posted by: Publius Novus | Jan 26, 2016 5:52:44 PM

Why do the judges let the IRS get away with destroying evidence?

Posted by: Eric Rasmusen | Jan 25, 2016 9:57:24 AM

NTEU protects incompetent, lazy and left-wing IRS employees. NTEU also just endorsed Hillary. It is not an honest broker. All Government unions have to go, but start with NTEU.

Posted by: Nemo | Jan 24, 2016 9:20:11 AM