By Dan Calabrese ——Bio and Archives--August 22, 2017
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In a little noticed decision last week, federal Judge Reggie Walton ordered the IRS to answer a series of questions by Oct. 16. Notably, the tax agency must finally explain the specific reasons for the specific delays in approving each of dozens of conservative nonprofit applications—delays that stifled free speech during a midterm and presidential election. Judge Walton is also requiring the IRS to name the specific individuals that it holds responsible for the targeting. These are basic questions of political accountability, even if the IRS has stonewalled since 2013. President Obama continued to spin that the targeting was the result of some “boneheaded” IRS line officers in Cincinnati who didn’t understand tax law. Yet Congressional investigations have uncovered clear evidence that the targeting was ordered and directed out of Washington. Former director of Exempt Organizations Lois Lerner was at the center of that Washington effort, but the IRS allowed her to retire with benefits. She invoked the Fifth Amendment before Congress. One of her principal deputies, Holly Paz, has submitted to a deposition in separate litigation, but the judge has sealed her testimony after she claimed she faced threats. The Acting Commissioner of the IRS at the time, Stephen Miller, stepped down in the wake of the scandal, but as far as anyone outside the IRS knows, no other IRS employee has been held to account. Even if the culprits were “rogue employees,” as the IRS claims, the public deserves to know what happened.
Judge Walton’s ruling means that “the IRS must finally acknowledge its wrongdoing (and the reasons for it) in the context of a judicial proceeding in which the agency may be held legally accountable for its misconduct,” Carly Gammill told Powerlineblog.com. Ms. Gammill is an attorney at the American Center for Law & Justice who represents tea-party groups in the litigation.Judge Walton was originally appointed to the federal bench by Ronald Reagan and later elevated by George W. Bush. I guess that makes him a Republican for whatever that's worth. He's also 100 percent correct on the merits here. We need to know who at the IRS did what, and whether they were ordered to do so (either directly or indirectly) by superiors in Washington. The real scandal here is if, as many suspect, this was somehow directed by the Obama White House. There was no shortage of Democrat senators talking about going after Tea Party groups by more closely scrutinizing their tax exemptions. Did the IRS take that as a tacit directive? Or did they receive a more explicit directive from someone in the Obama White House? If the IRS was used by political officeholders to stifle opposing groups, that's a huge scandal and needs to be understood as such. The fact that the IRS has attempted to stonewall these information requests certainly suggests it has something to hide. If they actually now have to obey Judge Walton's order, we're going to learn some very interesting things.
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