Saturday, November 19, 2016
The IRS Scandal, Day 1290: Linchpins Of Liberty Seeks Declaratory Relief That IRS Violated Their First Amendment Rights
Notice Regarding Declaratory Relief to Which plaintiffs Are Entitled, Linchpins of Liberty v. United States, No. 1:13-cv-00777 (D.C. D.C. Nov. 11, 2016):
Based on the applicable law, and the Government’s admissions, there can be no dispute that Plaintiffs are entitled to a declaration that the IRS violated their First Amendment rights by:
(1) engaging in viewpoint-based discrimination when it targeted Plaintiffs’ tax-exempt applications for heightened scrutiny, significantly delayed the processing of those applications, and issued irrelevant and unnecessary demands for information—all because of Plaintiffs’ political-sounding names and/or policy positions (i.e., viewpoints); and
(2) demanding that Plaintiffs disclose such information as donor names, the type of conversations and discussions members and participants had during organizational activities, and the political affiliations of Plaintiffs’ officers and directors, all without any government interest, let alone a substantial or sufficiently important one, as the Government has admitted the accuracy of TIGTA’s finding that such information demands were entirely irrelevant and unnecessary.
United States’ Motion for Summary Judgment as to Remaining CLaims and Supporting Statement of Points and Authorities, Linchpins of Liberty v. United States, No. 1:13-cv-00777 (D.C. D.C. Nov. 11, 2016):
No one disputes that the IRS used certain criteria and engaged in other conduct in processing applications for tax-exempt status that it should not have done, both as found by TIGTA and acknowledged by the IRS itself. Whether what went wrong rises to the level of a constitutional injury is an issue that this Court has yet to decide, and the United States has not conceded that legal point. But something having gone wrong in the processing of applications, whether it constitutes a constitutional injury or not, the point remains that what happened next is exactly what should have happened: an independent oversight body (TIGTA) became involved and conducted an extensive investigation of what happened, it made its recommendations to correct the objectionable conduct, and the IRS implemented all of those recommendations. And all of that took place with the additional and intense scrutiny of Congress exercising its oversight function. Something having gone wrong in the first place, the process to correct that problem worked as it was supposed to, leaving no need for the Court to grant declaratory or injunctive relief.
The fact that the IRS has acted on Plaintiffs’ applications leaves no live or ongoing issues to be resolved as to Plaintiffs’ claims, which centered on the application process. And, as described, the IRS has permanently changed its procedures that gave rise to Plaintiffs’ claims. As a result, Plaintiffs are not entitled to the declaratory and injunctive relief that they seek.
- The IRS Scandal, Day 1289: Federal Judge To IRS—‘Strong Showing’ Of Discrimination Against Tea Party Group (Nov. 18, 2016)
- The IRS Scandal, Day 1288: Top IRS Official Says Agency Targeted Conservative Groups Based on ‘Guilt By Association’ And ‘Party Affiliation’ (Nov. 17, 2016)
- The IRS Scandal, Day 1287: Koskinen Urges Trump Transition Team To Name New IRS Commissioner Soon (Nov. 16, 2016)
- The IRS Scandal, Day 1286: Rep. Jordan Says He Will Continue To Push For IRS Chief’s Impeachment (Nov. 15, 2016)
- The IRS Scandal, Day 1285: After Six Year Delay And One Court Order, IRS Denies Two Of Three Tea Party Applications For Tax-Exempt Status (Nov. 14, 2016)
- The IRS Scandal, Day 1284: Podesta Friend At DOJ Led Cover-Up Of IRS Scandal (Nov. 13, 2016)
- The IRS Scandal, Day 1283: IRS Handed Defeat in Court Ruling Against Tea Party Group It Stiffed (Nov. 12, 2016)
- The IRS Scandal, Day 1282: True The Vote Asks Supreme Court To OK Lawsuits Against Lois Lerner, Former IRS Commissioner For Damages For Violating Their Constitutional Rights (Nov. 11, 2016)
- The IRS Scandal, Day 1281: Another Federal Court Says The IRS Continues To Harass Conservative Groups (Nov. 10, 2016)
- The IRS Scandal, Day 1280: WSJ—Lois Lerner As Precursor To James Comey (Nov. 9, 2016)
- The IRS Scandal, Day 1279: WSJ — Another Federal Court Says The IRS Continues To Harass Conservative Groups (Nov. 8, 2016)
- The IRS Scandal, Day 1278: Trump's Refusal To Release His Tax Returns And The IRS Scandal (Nov. 7, 2016)
- The IRS Scandal, Day 1277: Second Federal Court Rules IRS Targeted Conservative Groups, Orders IRS To Act On Tea Party Group's Tax-Exempt Application Pending Since 2012 (Nov. 6, 2016)
- The IRS Scandal, Day 1276: George Will On The 2016 Presidential Election And The IRS Scandal (Nov. 5, 2016)
- The IRS Scandal, Day 1275: The Impact Of The IRS Scandal On The Investigation Of The Clinton Foundation (Nov. 4, 2016)
- The IRS Scandal, Day 1274: Koskinen Says It Is Time To 'Move Beyond' The Scandal And Restore The IRS's Budget (Nov. 3, 2016)
- The IRS Scandal, Day 1273: Harry Reid And James Comey (Nov. 2, 2016)
- The IRS Scandal, Day 1272: Why The IRS Scandal Still Matters To Republicans And Democrats (Nov. 1, 2016)
- The IRS Scandal, Day 1271: President Obama Lied About The IRS’s Targeting Of Conservatives (Oct. 31, 2016)
- The IRS Scandal, Day 1270: Why The IRS Matters This Election (Oct. 30, 2016)
- The IRS Scandal, Day 1269: The Dark Art Of Political Intimidation (Oct. 29, 2016)
- The IRS Scandal, Day 1268: Sen. Whitehouse — Republicans Are Using Koskinen Impeachment To Bring IRS To Heel On Dark Money Campaign Financing (Oct. 28, 2016)
- The IRS Scandal, Day 1267: Court Orders IRS to Give Account For Targeting Conservatives (Oct. 27, 2016)
- The IRS Scandal, Day 1266: Obama Denies Any ‘Major Scandals’ In His Administration — What About The IRS Scandal? (Oct. 26, 2016)
- The IRS Scandal, Day 1265: Treasury & IRS CIOs Receive IT Leadership Awards (Oct. 25, 2016)
- The IRS Scandal, Day 1264: Light Meet Tunnel (Oct. 24, 2016)
- The IRS Scandal, Day 1263: The Denial Of Probe Into IRS Disclosure Of Taxpayer Information Is ‘Alarming’ (Oct. 23, 2016)
- The IRS Scandal, Day 1262: Z Street Receives 501(c)(3) Tax-Exempt Status, Seven Years After Filing Application (Oct. 22, 2016)
- The IRS Scandal, Day 1261: George Will And Donald Trump Are Wrong — Elections Are Not Rigged, And The IRS Is Not Rigging Them (Oct. 21, 2016)
- The IRS Scandal, Day 1260: Cleta Mitchell — Use Of The IRS Against Republican Critics Likely Will Persist In A Clinton Administration (Oct. 20, 2016)
- The IRS Scandal, Day 1259: George Will — Trump Is Right That Elections Are Rigged, And The IRS Is Exhibit A (Oct. 19, 2016)
- The IRS Scandal, Day 1258: Judge Orders IRS to Clear Tea Party Application Backlog Within Month (Oct. 18, 2016)
- The IRS Scandal, Day 1257 (Oct. 17, 2016)
- The IRS Scandal, Day 1256: The IRS Spent $12 Million For Microsoft Cloud-Based Email Archive That Was Incompatible With Its On-Premises Email System And Never Used (Oct. 16, 2016)
- The IRS Scandal, Day 1255 (Oct. 15, 2016)
- The IRS Scandal, Day 1254 (Oct. 14, 2016)
- The IRS Scandal, Day 1253 (Oct. 13, 2016)
- The IRS Scandal, Day 1252 (Oct. 12, 2016)
- The IRS Scandal, Day 1251: Bill O'Reilly Calls For A Special Prosecutor (Oct. 11, 2016)
- The IRS Scandal, Day 1250 (Oct. 10, 2016)
- The IRS Scandal, Day 1249 (Oct. 9, 2016)
- The IRS Scandal, Day 1248 (Oct. 8, 2016)
- The IRS Scandal, Day 1247 (Oct. 7, 2017)
- The IRS Scandal, Day 1246 (Oct. 6, 2016)
- The IRS Scandal, Day 1245 (Oct. 5, 2016)
- The IRS Scandal, Day 1244 (Oct. 4, 2016)
- The IRS Scandal, Day 1243 (Oct. 3, 2016)
- The IRS Scandal, Day 1242 (Oct. 2, 2016)
- The IRS Scandal, Day 1241 (Oct. 1, 2016)
- The IRS Scandal, Day 1240 (Sept. 30, 2016)
- The IRS Scandal, Day 1239 (Sept. 29, 2016)
- The IRS Scandal, Day 1238 (Sept. 28, 2016)
- The IRS Scandal, Day 1237 (Sept. 27, 2016)
- The IRS Scandal, Day 1236 (Sept. 26, 2016)
- The IRS Scandal, Day 1235 (Sept. 25, 2016)
- The IRS Scandal, Day 1234 (Sept. 24, 2016)
- The IRS Scandal, Day 1233 (Sept. 23, 2016)
- The IRS Scandal, Day 1232 (Sept. 22, 2016)
- The IRS Scandal, Day 1231 (Sept. 21, 2016)
- The IRS Scandal, Day 1230 (Sept. 20, 2016)
- The IRS Scandal, Day 1229 (Sept. 19, 2016)
- The IRS Scandal, Day 1228 (Sept. 18, 2016)
- The IRS Scandal, Day 1227 (Sept. 17, 2016)
- The IRS Scandal, Day 1226 (Sept. 16, 2016)
- The IRS Scandal, Day 1225 (Sept. 15, 2016)
- The IRS Scandal, Day 1224 (Sept. 14, 2016)
- The IRS Scandal, Day 1223 (Sept. 13, 2016)
- The IRS Scandal, Day 1222 (Sept. 12, 2016)
- The IRS Scandal, Day 1221 (Sept. 11, 2016)
- The IRS Scandal, Day 1220 (Sept. 10, 2016)
- The IRS Scandal, Day 1219 (Sept. 9, 2016)
- The IRS Scandal, Day 1218 (Sept. 8, 2016)
- The IRS Scandal, Day 1217 (Sept. 7, 2016)
- The IRS Scandal, Day 1216 (Sept. 6, 2016)
- The IRS Scandal, Day 1215 (Sept. 5, 2016)
- The IRS Scandal, Day 1214 (Sept. 4, 2016)
- The IRS Scandal, Day 1213 (Sept. 3, 2016)
- The IRS Scandal, Day 1212 (Sept. 2, 2016)
- The IRS Scandal, Day 1211 (Sept. 1, 2016)
- The IRS Scandal, Day 1210 (Aug. 31, 2016)
- The IRS Scandal, Day 1209 (Aug. 30, 2016)
- The IRS Scandal, Day 1208 (Aug. 29, 2016)
- The IRS Scandal, Day 1207 (Aug. 28, 2016)
- The IRS Scandal, Day 1206 (Aug. 27, 2016)
- The IRS Scandal, Day 1205 (Aug. 26, 2016)
- The IRS Scandal, Day 1204 (Aug. 25, 2016)
- The IRS Scandal, Day 1203 (Aug. 24, 2016)
- The IRS Scandal, Day 1202 (Aug. 23, 2016)
- The IRS Scandal, Day 1201 (Aug. 22, 2016)
- The IRS Scandal, Days 1101-1200 (May 14, 2016 - Aug. 21, 2016)
- The IRS Scandal, Days 1001-1100 (Feb. 4, 2016 - May 13, 2016)
- The IRS Scandal, Days 901-1000 (Oct. 27, 2015 - Feb. 3, 2016)
- The IRS Scandal, Days 801-900 (July 19, 2015 - Oct. 26, 2015)
- The IRS Scandal, Days 701-800 (April 10, 2015 - July 18, 2015)
- The IRS Scandal, Days 601-700 (Dec. 31, 2014 - April 9, 2015)
- The IRS Scandal, Days 501-600 (Sept. 22, 2014-Dec. 30, 2014)
- The IRS Scandal, Days 401-500 (June 14, 2014 - Sept. 21,2014)
- The IRS Scandal, Days 301-400 (Mar. 6, 2014 - June 13, 2014)
- The IRS Scandal, Days 201-300 (Nov. 26, 2013 - Mar. 5, 2014)
- The IRS Scandal, Days 101-200 (Aug. 18, 2013 - Nov. 25, 2013)
- The IRS Scandal, Days 1-100 (May 10, 2013 - Aug. 17, 2013)
https://taxprof.typepad.com/taxprof_blog/2016/11/the-irs-scandal-day-1290linchpins-of-liberty-seeks-declaratory-relief-that-irs-violated-their-first-.html
If the IRS can't admit what it did, it hardly seems like they can say they came clean and changed their ways.
Posted by: wodun | Nov 19, 2016 2:22:04 PM