IRS’s Harassment of Citizen Groups to Chill Opposition, Protect Incumbent Party, and Influence Presidential Election Outcome Approved by Federal Judge
The IRS notched a major legal victory Thursday after a federal judge dismissed lawsuits brought by more than 40 conservative groups seeking remedies for being singled out in the tea party targeting scandal.
“[T]he Court is satisfied that there is no reasonable expectation that the alleged conduct will recur, as the defendants have not only suspended the conduct, but have also taken remedial measures to ensure that the conduct is not repeated.”
Judge Reggie Walton of the U.S. District Court of the District of Columbia threw out almost all counts brought against the tax-collecting agency in two cases, ruling that both were essentially moot now that the IRS granted the groups their tax-exempt status that had been held up for years
Translation: “They promised not to do it anymore, so it’s okay”
The decisions have major implications for tea party groups suing the IRS over the issue. It appears they have a tough case to make because the IRS, since the controversy broke in 2013, has approved most tea party groups’ applications, which, according to Walton, keeps the court from hearing their cases.
“After the plaintiff initiated this case, its application to the IRS for tax-exempt status was approved by the IRS. The allegedly unconstitutional governmental conduct, which delayed the processing of the plaintiff’s tax exempt application and brought about this litigation, is no longer impacting the plaintiff,” Walton said in his decision to throw out True the Vote’s lawsuit against the IRS.
“The judge, appointed by Republican President George W. Bush, also said the groups couldn’t receive monetary relief from individual IRS officials, such as ex-IRS official Lois Lerner, because of the ‘chilling effect’ it would have on tax administration.”
(Chilling political speech of opposition groups is okay, but risking a potential chilling effect on the IRS? No! We can’t have that!)
His reasoning was similar in the second case, where 41 conservative groups banded together to sue the IRS for similar misconduct: “[T]he allegedly unconstitutional governmental conduct … is no longer impacting the plaintiffs. … Counts … are therefore moot.”
The judge, appointed by Republican President George W. Bush, also said the groups couldn’t receive monetary relief from individual IRS officials, such as ex-IRS official Lois Lerner, because of the chilling effect it would have on tax administration.
The same judge in August rejected True the Vote’s bid for a court-appointed forensics expert to hunt Lerner’s lost emails, another blow to conservatives seeking outside experts to take the lead on the IRS investigation. Two years’ worth of the former head of the tax-exempt division’s emails were erased in a hard drive crash in 2011, the IRS says. Read the rest of this entry »
Aaron Blake writes: For Mitt Romney, the 2012 election was held about a year too early.
[I have to interrupt Aaron: The election was held at the right time. Romney would likely have achieved a decisive victory last November if not for the virtual blackout of media coverage unfavorable to the incumbent. It’s on the record: falsified job report numbers, systematic intimidation of citizen opposition groups by the IRS, and holding back of negative economic news until after the election. The massive cascade of job layoff news stories and bad economic reports that spilled out immediately after the election reveals the pre-election suppression beyond doubt.]
Romney would hold a slight lead on President Obama if the 2012 election were replayed today, according to a new Washington Post-ABC News poll.
The poll of registered voters shows Romney at 49 percent and Obama at 45 percent in the rematch, a mirror image of Romney’s four-point (51-47) popular-vote loss in 2012.
Obama’s shifting fortunes, of course, come as his signature health-care is increasingly embattled — both thanks to a glitchy Web site and a broken promise by Obama to allow people who like their insurance to keep it.
Obama’s loss of support is spread across many demographics, but he has suffered most among the young, the less-educated, the poor and, perhaps most interestingly, among liberals. Read the rest of this entry »