Paul L. Caron
Dean


Tuesday, June 28, 2016

The IRS Scandal, Day 1146

IRS Logo 2Politico Morning Tax: How Strong Is That Koskinen Case?, by Bernie Becker:

Koskinen, Round Two: The House Judiciary Committee’s exploration of the potential impeachment of IRS Commissioner John Koskinen plods forward today, with a hearing examining the standards for impeachment.

From the looks of things, the proceedings will turn on the question of bad faith. Michael Gerhardt, a law professor at UNC, is expected to testify that ill intent has always been a prerequisite for impeachment in the United States. But some of Koskinen’s biggest detractors have argued that “gross incompetence” is more than sufficient. Rep. Jim Jordan (R-Ohio), chairman of the House Freedom Caucus — which forced the Judiciary hearings on impeachment — said last month that impeachment should follow “gross negligence, dereliction of duty and breach of public trust.”

Jordan told POLITICO on Tuesday that he “was very pleased to see that the Judiciary Committee asked Andrew McCarthy to serve as a witness" and is looking forward to the hearing. No wonder — McCarthy’s written testimony suggests the 2013 nonprofit scandal is worse than former President Richard Nixon’s “largely unsuccessful” “endeavor” to abuse IRS powers. But even McCarthy, a former assistant U.S. attorney and a contributor at the conservative magazine National Review, notes the framers of the Constitution rejected “maladministration” as an impeachable offense. So it may fall to Republicans to prove Koskinen intended to obstruct Congress’ investigation of the targeting controversy — something they’ve failed to do so far. ...

Rep. Elijah Cummings of Maryland, the top Democrat on the House Oversight Committee, called out GOP efforts to impeach and/or censure Koskinen as “either pointless or unconstitutional.” Cummings cites several legal experts who said that House Oversight Chairman Jason Chaffetz (R-Utah) overstepped his bounds in saying that his censure resolution required that Koskinen forfeit his pension — because that would be an unconstitutional bill of attainder. Katy made a similar point last week and even Chaffetz acknowledged to reporters that the censure resolution can’t actually force Koskinen to lose his pension.

https://taxprof.typepad.com/taxprof_blog/2016/06/the-irs-scandal-day-1146-1.html

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Comments

please somebody tell mw why they are not firing this john koskenin now , the man is a useless man

Posted by: Dale Clutter | Jun 28, 2016 12:19:35 AM

It's the President's perogative to fire Executive branch officials. There's your answer.

Posted by: MM | Jun 28, 2016 6:06:49 AM

Congress has the power of the purse; but except for Cruz, none them have to balls to use it.

Posted by: Dale Spradling | Jun 28, 2016 6:32:42 AM

Koskinen's performance has been abysmal, his arrogance before the committee in the early days was offensive and insulting. But he's doing a poor job of cleaning up somebody else's mess, not making the mess himself.

Posted by: tim maguire | Jun 28, 2016 8:51:28 AM

A strong case? His perjury is on video so...

Posted by: Wodun | Jun 28, 2016 12:13:42 PM

This futzing around is typical of the GOP led congress and points up why Donald Trump who was a Democrat ten minutes ago is now the Republican nominee for president. Conservative voters have fired the Republican party because they promised to take on Obama's unconstitutional actions through defunding but have done nothing.

Nixon only attempted to put the IRS into harness against his political enemies...the Obama administration actually did it...and here's the congressional GOP still wondering about what to do. IMPEACH HIM and cut their funding further you idiots.

Posted by: VoteOutIncumbents | Jun 28, 2016 1:22:03 PM