Judge dismisses conservative groups suit against IRS

[JimH52]

Judge Sides With IRS Dismisses Lawsuits Over Targeting Scandal

The judge was appointed by GW Bush. Now you can begin your whining.

 

[eagle1462010]

Tea Party loses court battle over targeting to IRS

Walton said the IRS has assured the public that they're no longer screening applications for tax exemptions based on its political leanings, a practice that led to the dismissal of several top IRS officials when it was disclosed by Treasury inspectors last year.

"Thus, the allegedly unconstitutional governmental conduct, which had delayed the processing of the plaintiffs' tax-exempt applications and spawned this litigation, is no longer impacting the plaintiffs," Walton said in a second opinion dismissing a lawsuit brought by Linchpins of Liberty and 40 other groups in 22 states.

In a footnote, the judge did leave open the possibility that two groups -- Patriots Educating Concerned Americans Now of Redding, Calif. and the suburban Cincinnati Liberty Township Tea Party -- could still sue because the IRS failed to rule on their tax exemption application within 270 days. The judge gave the IRS 14 days to argue why that element of the lawsuit cannot go forward.

Because he dismissed the lawsuits on procedural grounds, Walton did not rule on the merits of the case. He wrote in a footnote: "The court's opinion should not be interpreted as an assessment of the propriety of the alleged conduct by the defendants."

 

[eagle1462010]

Since the IRS was no longer conducting Unconstitutional acts, there was no case..........Procedural Grounds........

Since the IRS has reversed course on their abuse of power, which is well documented the Constitutional issue is no longer valid..............

So now the cases comes to Law suits of violating the laws of the United States by the amount of time taken to process the applications...........

Round 2

DING DING.

 

[JimH52]

Since the IRS was no longer conducting Unconstitutional acts, there was no case..........Procedural Grounds........

Since the IRS has reversed course on their abuse of power, which is well documented the Constitutional issue is no longer valid..............

So now the cases comes to Law suits of violating the laws of the United States by the amount of time taken to process the applications...........

Round 2

DING DING.

Sounds like a knock out to me....

 

[eagle1462010]

Since the IRS was no longer conducting Unconstitutional acts, there was no case..........Procedural Grounds........

Since the IRS has reversed course on their abuse of power, which is well documented the Constitutional issue is no longer valid..............

So now the cases comes to Law suits of violating the laws of the United States by the amount of time taken to process the applications...........

Round 2

DING DING.

Sounds like a knock out to me....

On issue one.............The rest still remain and it can and will be appealed.

Not over.........This judge basically agreed they were targeted..............But the Constitutional issue is currently resolved as the IRS got caught.....................

Now for the civil cases.

 

[Mad Scientist]

So the IRS can target whomever they want as long they "suspend targeting" and "give assurances" when they get caught?

You think a Bank Robber would get the same consideration if he said he would "suspend robberies" and "give assurances"??

 

[TemplarKormac]

Since the IRS was no longer conducting Unconstitutional acts, there was no case..........Procedural Grounds........

Since the IRS has reversed course on their abuse of power, which is well documented the Constitutional issue is no longer valid..............

So now the cases comes to Law suits of violating the laws of the United States by the amount of time taken to process the applications...........

Round 2

DING DING.

Sounds like a knock out to me....

Sounds like you intentionally misread the ruling to me.

 

[eagle1462010]

So the IRS can target whomever they want as long they "suspend targeting" and "give assurances" when they get caught?

You think a Bank Robber would get the same consideration if he said he would "suspend robberies" and "give assurances"??

Internal Revenue Manual - 5.17.5 Suits Against the United States

 

[S.J.]

"The court appears to believe that tossing a life-preserver to a swimmer who has already drowned can magically revive the dead, or that the government’s promise not to hurt anyone in the future releases it from liability for past harms". –Linchpins of Liberty founder Kevin Kookogey

 

[TemplarKormac]

Apparently the judge in this case didn't consider the evidence:

IRS begins targeting:

Inappropriate Criteria Were Used to Identify Tax-Exempt Applications for Review

Lerner refers to the "Tea Party matter" as "very dangerous":

http://waysandmeans.house.gov/uploadedfiles/dangerous_email.pdf

Chuck Schumer in 2012 calling for investigations of conservative Super PACs in plain sight:

Senate Democrats Call For SuperPAC Probe NPR

Lerner's mindset involving conservative donors:

http://waysandmeans.house.gov/uploadedfiles/fec_email.pdf

And ultimately, the admission that such targeting took place via the IRS:

Transcript of Lois Lerner's Remarks at Tax Meeting Sparking IRS Controversy Election Law Blog

 

[Mad Scientist]

Am I reading this right?

The Judge dismissed the cases because he cited a Congressional established "Bivens Remedy" which (if you research it) includes trying the Case in HIS DC Court, yet dismisses it because to do so would 'wreak havoc on the Tax Collection System"?

Is that right or am I just tired?

 

[JimH52]

Apparently the judge in this case didn't consider the evidence:

IRS begins targeting:

Inappropriate Criteria Were Used to Identify Tax-Exempt Applications for Review

Lerner refers to the "Tea Party matter" as "very dangerous":

http://waysandmeans.house.gov/uploadedfiles/dangerous_email.pdf

Chuck Schumer in 2012 calling for investigations of conservative Super PACs in plain sight:

Senate Democrats Call For SuperPAC Probe NPR

Lerner's mindset involving conservative donors:

http://waysandmeans.house.gov/uploadedfiles/fec_email.pdf

And ultimately, the admission that such targeting took place via the IRS:

Transcript of Lois Lerner's Remarks at Tax Meeting Sparking IRS Controversy Election Law Blog

HA! The legal experts speaks!