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Showing posts with label True The Vote. Show all posts
Showing posts with label True The Vote. Show all posts

Thursday, July 10, 2014

Isn't It Sad We Must Force IRS To Produce Emails? Are They Not Public Servants?

Judge Orders IRS To Swear To An Explanation Of How Lerner’s Emails Disappeared

July 10, 2014 by  
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Only a day before a U.S. District judge will weigh arguments to decide whether to use independent IT experts to track down Lois Lerner’s missing emails, another judge in a separate lawsuit has ordered the IRS to describe, under oath, exactly how those emails turned up missing.
The order, issued by U.S. District Judge Emmet G. Sullivan following a hearing today, pertains to a Freedom of Information Act (FOIA) lawsuit filed against the IRS by nonprofit government watchdog Judicial Watch.
The Federal tax collecting agency is also a defendant in a similar lawsuit filed by True the Vote, a Texas-based conservative group that alleges it was among the conservative nonprofits targeted by the IRS for political discrimination ahead of the 2012 Presidential campaign season.
Sullivan’s order today gives the IRS 30 days to assign an agency official to file a declaration that outlines how the emails, long sought after by Congressional investigators as part of a House Oversight inquiry, disappeared from computer hard drives, as well as mail servers, backup systems and possibly even employees’ mobile devices. The IRS official responsible for delivering that declaration will be doing so under oath, as the information contained in the document will be comparable with other forms of sworn testimony.
According to Fox News, Sullivan intentionally worded his instructions to the IRS in broad fashion in order to compel the agency to give a thorough explanation. He also ordered the agency to provide the court with information on how the emails could, at this point, be retrieved.
Judicial Watch had already filed its FOIA suit before the IRS admitted to Congress last month that it had essentially been sitting on the knowledge that the emails had disappeared. Tom Fitton, president of the organization, said today the IRS intentionally failed to act properly as a defendant in the case by withholding that knowledge from both Judicial Watch and the court itself.
“In our view, there has been a cover-up that has been going on. The Department of Justice; the IRS, had an obligation, an absolute obligation … to alert the court and alert Judicial Watch as soon as they knew when these records were supposedly lost,” Fitton said.
On Friday, the IRS will argue in the True the Vote case against a potential court order that could authorize outside technical experts to verify the truth of the agency’s claim that the emails are, in fact, irrevocably lost. You can read more about that case here.

Saturday, June 21, 2014

Missing IRS Emails From/To Lois Lerner Will End Up Leading To Presidency. It Can Go No Where Else!

Trail Of Lost IRS Emails Might Lead To White House

84 Comments
 Posted 
Were the offices of Rep. Elijah Cummings and Sen. Sheldon Whitehouse part of a conspiracy to obstruct justice?
Were the offices of Rep. Elijah Cummings and Sen. Sheldon Whitehouse part of a conspiracy to obstruct justice? View Enlarged Image
Scandal: One of the seven people, including Lois Lerner who lost emails from the period of Tea Party targeting by the IRS, served as chief of staff to former IRS head Steven Miller. She also made 35 visits to the White House.
The funny thing about emails is that they are never orphans. When you send one, there's always a recipient who has his or her own copy. The "lost" Lois Lerner emails had recipients. How about subpoenas to all of them during the Tea Party targeting period? That should help find what we need to know — or maybe not.
It seems six more IRS officials have lost critical emails from that period, a seeming statistical impossibility that shouts out a conspiracy to obstruct justice, and more violations of the Federal Records Act, which requires paper copies of these emails to be printed and stored just in case of computer problems.
One of those officials who received Lerner emails and also lost them was Nikole Flax, chief of staff to former IRS Commissioner Steven Miller. Miller, who was fired in the wake of the targeting scandal, visited the White House more than most Cabinet members.
Flax, as the Daily Caller reports, "made 31 visits to the White House between July 12, 2010, and May 8, 2013, according to White House visitor logs."
While not quite as numerous as another former IRS Commissioner, Douglas Shulman, who made some 118 visits — including one he testified was for the Easter egg roll on the White House lawn — Flax's visits dovetail nicely with key points in the IRS scandal.
The visits started just as the IRS' targeting of the Tea Party began; the last occurred two days before the scandal broke in May 2013. On the day of her last visit, according to the Daily Caller, Flax got an email from Lerner seeking advice on a plan to coordinate with the Justice Department to criminally prosecute conservative activists.
Responding to this email, obtained through a Freedom of Information Act request filed by Judicial Watch, Flax gave the green light to Lerner's plan to coordinate criminal prosecutions with DOJ, a suggestion that had been made by Democratic Sen. Sheldon Whitehouse.
We also know that Democratic Rep. Elijah Cummings' staff was in contact with Lerner about the conservative group True the Vote.
Whitehouse and Cummings might be two of the "Democratic offices" referred to in a statement from the House Ways and Means Committee when it derided IRS' claims that "it cannot produce emails written only to or from Lerner and outside agencies or groups, such as the White House, Treasury, Department of Justice, FEC, or Democrat offices."


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Thursday, April 10, 2014

Congressman Pushed IRS To Investigate Tea Party And Other Conservative Groups.

House Oversight GOP: Cummings Behind IRS Probe of True the Vote

Image: House Oversight GOP: Cummings Behind IRS Probe of True the Vote
Wednesday, 09 Apr 2014 07:50 PM
By Todd Beamon
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Republicans on the House Oversight and Government Reform Committee accused the panel's senior Democrat on Wednesday of spurring the IRS investigation of True the Vote after the group filed its application for tax-exempt status in 2010.

Rep. Darrell Issa, the panel's chairman, released emails showing that staff working for the ranking member, Rep. Elijah Cummings of Maryland, had communicated multiple times with the Houston-based group between August 2012 and last year.

Issa also charged that information obtained by Cummings' staff was shared with the IRS and its embattled former supervisor, Lois Lerner, and that the Democrat did not disclose any of those dealings with committee Republicans.

"Although you have previously denied that your staff made inquiries to the IRS about conservative organization True the Vote that may have led to additional agency scrutiny, communication records between your staff and IRS officials — which you did not disclose to majority members or staff — indicates otherwise," Issa said in a letter sent to Cummings.

The letter, also signed by the five Republicans who chair oversight subcommittees, referenced the committee's planned vote on Thursday to hold Lerner in contempt for her twice refusing to testify before the panel in its investigation.

"You have an obligation to fully explain your staff’s undisclosed contacts with the IRS," the letter says.

Cummings, who has been in the House since 1996, has contended that he was conducting appropriate oversight of True the Vote. A staffer told Newsmax on Wednesday that a statement from the congressman was forthcoming.

Catherine Engelbrecht, True the Vote's president, said Wednesday that the organization filed an ethics complaint against Cummings in February. She criticized the Democrat for his information requests at a committee hearing that month.

"Today's committee action reveals what we knew all along: partisan politics and the weaponization of government against opponents of this administration is real and continues," Englebrecht said. "Elijah Cummings has blocked the IRS abuse investigation all along. We now see clearly that two branches of government have colluded to target and silence private citizens."

She said the organization was amending its complaint against Cummings to include the latest information.

"America has come to a tipping point," Engelbrecht said. "No more lies. No more cover-ups. No more collusion. Enough is enough."

The new emails came as the House Ways and Means Committee voted to recommend that Lerner, who retired from the IRS last year, be investigated for criminal violations by the Justice Department.

That panel found in its investigation that Lerner engaged in an "aggressive and improper pursuit" of Crossroads Grassroots Policy Strategies, a nonprofit political group co-founded by Republican strategist Karl Rove.

Ways and Means is calling for a criminal inquiry because it found that Lerner treated conservative groups unfairly.

A vote-monitoring organization founded in 2009, True the Vote was among dozens of tea party, conservative, and religious groups singled out for special scrutiny by the Internal Revenue Service in their applications for tax-exempt status starting in 2010 and through the presidential election.

The organization was granted its tax-exempt status last September after three years and a lawsuit against the agency. The lawsuit is pending. The status that True the Vote received, 501(c)(4), allows the organization to keep its donors private.

According to the emails released on Wednesday, members of Cummings' staff first contacted the IRS about True the Vote in August 2012.

The next January, staffers sought more information from the agency about the group. The emails showed that Lerner made special efforts to obtain information from Cummings' office.

For instance, a Jan. 28 email — sent three days after staffers requested more True the Vote information — Lerner wrote to her deputy, Holly Paz, asked, "Did we find anything?"

Paz, who is now on administrative leave in light of the scandal, responded immediately, saying that no information had yet been found.

Lerner then replied, according to the emails, "Thanks, check tomorrow please."

In Feburary, Engelbrecht charged in an Oversight Committee hearing that Cummings “sent letters to True the Vote, demanding much of the same information the IRS had requested” after the group filed its application.

She added that Cummings then “would appear on cable news and publicly defame me and my organization.”

Engelbrecht added that her organization and her manufacturing company received IRS audits and six separate inquiries from the FBI regarding “domestic terrorism” after the group filed its application.

In addition, her business was inspected and fined by the Occupational Safety & Health Administration and the Bureau of Alcohol, Tobacco, Firearms and Explosives, Politico reports.

“For decades I went unnoticed, but now find myself on the receiving end of interagency coordination into and against all facets of my life,” she said at the hearing.

In response, Cummings said: "There is no one that I know of that cares more about the rights of our citizens than I do. I don’t care if you’re tea party or Democrat or Republican — I want to make sure no one is blocked from voting."

Lerner, who headed the agency that evaluated applications for tax-exempt status, ignited the controversy last May when she disclosed the scandal in response to a question asked at a conference in Chicago.

Her response came just before the Treasury Department's inspector general released a report disclosing the IRS targeting.

President Barack Obama fired Steven Miller, head of the IRS, who apologized in testimony to Ways and Means Committee, calling it "horrible customer service," and at least three other IRS workers have been placed on put on administrative leave.

In testimony before the oversight committee, Lerner has twice invoked her Fifth Amendment, though she has denied wrongdoing.

Lerner's attorney, William Taylor, has charged Republicans with trying to "vilify Ms. Lerner for political gain.”

He also disclosed last month that Lerner has discussed the IRS targeting with the Justice Department. Taylor did not disclose the date of the private session but indicated that his client was not under oath.

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Wednesday, May 22, 2013

Will The Courts Work In Suits Against The IRS?


IRS Hit with Lawsuit From Conservative Group

Tuesday, 21 May 2013 04:32 PM
By Jim Meyers
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True the Vote, a leading voters' rights organization, has filed suit in federal court against the Internal Revenue Service following disclosures that the IRS has been targeting the tea party and other conservative groups for scrutiny.



The suit filed in Washington on Tuesday asks the court to grant True the Vote its long-awaited tax exempt status, and seeks damages "for the unlawful actions by the IRS in the processing of its application for exempt status," the organization said in a press release.
ActRight Legal Foundation, a 501(c)3 fundamental rights and public interest law firm, represents True the Vote in the lawsuit.

"We've been waiting for three years to receive a decision from the IRS about our tax exempt status," True the Vote President Catherine Engelbrecht said in the release.

"After answering hundreds of questions and producing thousands of documents, we're done waiting. The IRS does not have the power to pocket veto our application. Federal law empowers groups like True the Vote to force a decision in court — which is precisely what we aim to do."

Cleta Mitchell, counsel to True the Vote and of counsel to ActRight Legal Foundation, stated: "We are not going to allow the IRS to claim, as it has been doing in the past week, that the targeting of conservative groups is over and 'everything has been fixed.' It is not yet fixed and this litigation is a vital step both to resolve True the Vote's status and to learn exactly what happened inside the IRS."

In an exclusive interview with Newsmax TV on May 14, Mitchell — who represents six groups that claim they were targeted — said she has tangible proof that high-ranking IRS officials in Washington were fully aware of the agency's campaign to target conservative groups for heightened scrutiny.

Mitchell said she was told by a Cincinnati IRS agent that applications by two of her conservative clients were being processed by — and would ultimately be approved or denied in — Washington.

She also said she doesn't believe the president or the White House was uninvolved in the IRS activities, as the administration has claimed.

The True the Vote release states that one count of the lawsuit seeks "recognition of True the Vote as a 501(c)3 tax exempt organization pursuant to 26 USC § 7428."

A second count seeks "damages and injunctive relief from the IRS and IRS employees and agents, pursuant to 28 U.S.C. § 1331 and Bivens v. Six Unknown Named Agents of the Federal Bureau of Narcotics, 403 U.S. 388 (1971), for violation of True the Vote's constitutional rights by virtue of the actions of the government in unlawfully targeting and delaying recognition of True the Vote's exempt status."



A third count asks for injunctive relief against the IRS and IRS employees for their "unlawful intrusions" into True the Vote activities by requiring the filing of "voluminous materials with the IRS, then unlawfully inspecting and potentially disseminating the information."

Dr. John Eastman, Chairman of the Center for Constitutional Jurisprudence and of Counsel to ActRight Legal Foundation, said: "This is just the first of several cases ActRight Legal Foundation plans to file against the IRS and those within the agency who have violated the constitutional rights of these citizens' organizations.

"ActRight Legal Foundation has established an IRS Litigation Fund to support the suits against the IRS. We are asking for assistance from concerned citizens nationwide to help pay the costs of bringing these cases, which will help us learn the truth about what the IRS has been doing to conservative, non-partisan organizations and patriotic American citizens."



© 2013 Newsmax. All rights reserved.


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