The IRS Goes to Court - WSJ
It isn’t every day that judges on the D.C. Circuit Court of Appeals declare themselves “shocked.” But that happened on Monday when an animated three-judge panel eviscerated the IRS and Justice Department during oral argument in a case alleging the agency delayed the tax-exempt application of a pro-Israel group due to its policy views.We all know this administration is still miffed that the Israeli Prime Minister Benjamin Netanyahu came to America to speak to a joint session of Congress without his express written consent, so that makes sense.
But the argument does not end there. The IRS basically argues they can make anyone or any enemy wait 270 days before they are allowed to sue.
The three judges—Chief Judge Merrick Garland, David Tatel and David Sentelle—were incredulous....
the government argued, because under Section 7428(b)(2) of the Internal Revenue Code groups may sue to obtain their tax-exempt status if no action has been taken for 270 days, and that should be an alternative to Z Street’s approach.But the IRS and the administration are undaunted. It's part of a plan.
“You don’t really mean that, right? Because the next couple words would be the IRS is free to discriminate on the basis of viewpoint, religion, race [for 270 days]. You don’t actually think that?” Judge Garland said. “Imagine the IRS announces today a policy that says as follows: No application by a Jewish group or an African-American group will be considered until one day short of the period under the statute . . . Is it your view that that cannot be challenged?”
Poor Ms. McLaughlin was sent to argue the indefensible so the IRS can delay discovery until the waning days of the Obama Administration. “If I were you, I would go back and ask your superiors whether they want us to represent that the government’s position in this case is that the government is free to unconstitutionally discriminate against its citizens for 270 days,” said Judge Garland.All this stuff is going to come out!
Discovery will eventually happen, emails will disappear, and it won't be until Obama is out of office and can use the old Clintonian strategy of saying "that's an old story" that the truth will come out.
The question is.... will anyone care then?