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Judge to IRS attorneys: I’m about to charge Koskinen personally with contempt
Hotair ^ | 07/30/2015 | Ed Morrissey

Posted on 07/30/2015 6:15:50 PM PDT by SeekAndFind

IRS Commissioner John Koskinen has had a bad week. Thanks to his efforts to obstruct a Congressional investigation into the targeting of conservative groups seeking tax exempt status, House Republicans have demanded his dismissal by Barack Obama, and have threatened to impeach Koskinen if Obama does nothing. On top of that, a federal judge yesterday got fed up with the IRS’ attempts to obstruct a FOIA demand that he threatened to haul Koskinen into court in order to charge him with contempt.

It might be a bad week for the IRS’ attorneys, too:

During the a status hearing today, Sullivan warned that the failure to follow his order was serious and the IRS and Justice Department’s excuses for not following his July 1 order were “indefensible, ridiculous, and absurd.” He asked the IRS’ Justice Department lawyer Geoffrey Klimas, “Why didn’t the IRS comply” with his court order and “why shouldn’t the Court hold the Commissioner of the IRS in contempt.” Judge Sullivan referenced his contempt findings against Justice Department prosecutors in the prosecution of late Senator Ted Stevens (R-AK) and reminded the Justice Department attorney he had the ability to detain him for contempt. Warning he would tolerate no further disregard of his orders, Judge Sullivan said, “I will haul into court the IRS Commissioner to hold him personally in contempt.”

After the hearing, Judge Sullivan issued the following “minute order”:

At the July 29, 2015 status hearing, the Government agreed that the Court’s July 1, 2015 oral order from the bench was clear and enforceable. Nonetheless, the Government reasoned it inappropriate to file a motion for reconsideration until a written order was issued. As expressed at the hearing, the Government’s reasoning is nonsensical. Officers of the Court who fail to comply with Court orders will be held in contempt. Also, in the event of non-compliance with future Court orders, the Commissioner of the IRS and others shall be directed to show cause as to why they should not be held in contempt of Court. The Court’s July 1, 2015 ruling from the bench stands: (1) the Government shall produce relevant documents every Monday; (2) the Government’s document production shall be accompanied by a status report that indicates (a) whether TIGTA has turned over any new documents to the IRS, (b) if so, the number of documents, and (c) a timeframe for the IRSs production of those documents. Signed by Judge Emmet G. Sullivan on July 29, 2015.

At a July 1, 2015, status conference, Sullivan ordered the IRS to begin producing, every week, the nearly 1,800 newly recovered Lerner emails responsive to Judicial Watch’s Freedom of Information Act (FOIA) request. Despite the court order, the IRS did not produce any Lerner emails until July 15. The IRS also failed to provide Judicial Watch a status report of the Lerner email production issues, as also ordered by Sullivan. Last week, Judge Sullivan ordered sua sponte the parties to appear for a status hearing today after Judicial Watch raised concerns about the IRS’ failure to comply with his orders to release the newly discovered Lerner emails and status updates on its production of previously “missing” documents.

On Tuesday, the IRS finally got around to releasing some of the Lois Lerner e-mails that it had previously insisted could not be produced. Judicial Watch argues that these e-mails show not only an awareness of the implications of their targeting, but an abuse of the process to extend the delays in processing applications from conservative groups:

The documents show that Exempt Organizations Director Lois Lerner, sent a November 3, 2011, email documenting her concerns about the failure to process applications in a timely manner:

I’m getting a little nervous about the amount we have on our plate and how we are handling. I know everyone is working hard and juggling, but I am wondering whether the juggling decisions are being made holistically enough. We have only so many resources and things will probably get worse going forward. I worry that decisions about how to use the resources are being made without all the information…Something that may not seem important in Cincinnati, may be crucial in DC. Similarly, DC may be prioritizing its work based on what is sitting in DC when something sitting in Cincinnati should be the focus of DC work.

IRS Program Manager Cindy Thomas of the Cincinnati Exempt Organization office replied to Lerner a few hours later with an email detailing the pressure caused by the IRS’ Washington headquarters failure to move on the “advocacy cases.” Thomas warned of litigation and admitted that she authorized a letter for more information that was sent to one of the complaining groups to keep it from contacting Congress:

The backlog of work involves advocacy organizations. As of about a month ago, there were 161 of these cases sitting idle and we probably have more by now. The control dates for these cases go back to the end of 2009 and all through 2010. We’ve been waiting for EO in D.C. to get us a guidance/reference document with lessons learned from the c4 and c3 cases they worked and coordinated with Judy Kindell and Counsel. We’re getting calls from POAs wanting to know who has put the halt on working these cases and threatening to contact their Congressional offices. Just today, I instructed one of my managers to get an additional information letter out to one of these organizations — if nothing else to buy time so he didn’t contact his Congressional Office. Soon, we’re going to start getting TAO’s [Taxpayer Assistance Orders] from TAS [Taxpayer Advocate Service] or declaratory judgment cases filed —- then, I guess everyone will decide its time to start moving the cases when we have mounds of additional paperwork to process along with the cases (adding even more work for us to do).

Another IRS lawyer responded to Lerner’s email with an admission that IRS’ D.C. headquarters legal staff had hundreds of cases backlogged. Michael Seto, who headed the Exempt Organization Technical Unit, acknowledged to Lerner on November 9, 2011, that there were 446 application cases open beginning of fiscal year 2012, with many open for more than two years.

The emails also show that Lerner and other top officials of the IRS were aware of complaints about treatment by Tea Party groups. In response to a February 2012 complaint and request for briefing from Rep. Jim Jordan (R-OH) with the House Oversight and Government Reform Committee about, according to the IRS, a Tea Party an organization that applied for exemption about 18 months previously and only “just recently” heard anything about the status of its application: “When it did finally hear from us, we [the IRS] apparently asked some fairly detailed questions and gave the organization a short deadline to respond.”

Would a contempt citation in this case prompt Obama to fire Koskinen? It might convince Koskinen that he has better things to do with his time and resign on his own. Those are apparently the only two options Koskinen has left to consider, since he seems in no hurry to cooperate with Congressional oversight or a court order. Don’t be surprised if the latter happens, and sooner rather than later.


TOPICS: Breaking News; Constitution/Conservatism; Crime/Corruption; Culture/Society; Government; News/Current Events
KEYWORDS: contempt; irs; koskinen
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To: SeekAndFind

“Do or do not do, there is no try.”

https://www.youtube.com/watch?v=h5SNAluOj6U

We’ve heard enough. Act and do it like yesterday already!


21 posted on 07/30/2015 6:37:41 PM PDT by Lake Living
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To: SeekAndFind

The IRS needs to be neutralized.

They are corrupt and lawless and the culture starts from the top on down.

They will circular file anything that stands in the way of collecting even if they are in the wrong.

This is a ROGUE organization with power to seize anything from anybody at anytime without a court order.

They are NOW the financial GESTAPO of the DNC.

SEND KOSKINEN AND LERNER TO GUANTANAMO


22 posted on 07/30/2015 6:37:44 PM PDT by Rome2000 (SMASH THE CPUSA)
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To: SeekAndFind

Knowing this admin they better send more than one marshal.


23 posted on 07/30/2015 6:39:20 PM PDT by Lake Living
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To: SeekAndFind

Just DO IT!! Yeeesh!!


24 posted on 07/30/2015 6:54:39 PM PDT by SgtHooper (Anyone who remembers the 60's, wasn't there!)
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To: SeekAndFind

Don’t talk about it, just do it.


25 posted on 07/30/2015 7:01:46 PM PDT by Dr.Deth
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To: SeekAndFind

As Bill Clinton used to brag, no evidence of any wrong-doing has ever surfaced. With all the shredding, disappearing and reappearing documents even with fingerprints, refusal to cooperate with investigations, and Chinese nationals feeling the nation, was it any wonder?


26 posted on 07/30/2015 7:16:57 PM PDT by DoughtyOne (Now remember honey, if you can't remember your name, just tell the police JEB. John Ellis "Jeb" Bush)
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To: DoughtyOne

He’ll resign 1 minute before a contempt charge is leveled. Then we’ll start the charade over with another IRS commissioner.


27 posted on 07/30/2015 7:25:51 PM PDT by lodi90
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To: SeekAndFind

What’s your hurry, Judge? Giving him and his cohorts time to ditch the incriminating evidence? I think that’s been taken care of long ago. How many more months will he be given to flip the bird at you and your court?


28 posted on 07/30/2015 7:37:34 PM PDT by Tucker39 (Welcome to America! Now speak English; and keep to the right....In driving, in Faith, and politics.)
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To: SeekAndFind
A judge might do something.

GOPe Republicans? Never.
29 posted on 07/30/2015 7:37:56 PM PDT by BradyLS (DO NOT FEED THE BEARS!)
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To: SeekAndFind

Judge, just shut the hell up. Do it or forget the whole damn thing. You lost.


30 posted on 07/30/2015 7:44:26 PM PDT by Logical me
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To: SeekAndFind

Charge him personally $10,000 with interest every day he doesn’t comply.
Freeze his bank & brokerage accounts.
Put a lien on his house.
Put a lien on his pension.
Take away his passport.
Put him on the no-fly list.
Take away his firearms.

In other words, treat him like the IRS treats Americans.


31 posted on 07/30/2015 7:47:17 PM PDT by grumpygresh (We don't have Democrats and Republicans, we have the Faustian uni-party)
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To: CivilWarBrewing
Looks like someone is all grow'd up now!


32 posted on 07/30/2015 7:54:35 PM PDT by grey_whiskers (The opinions are solely those of the author and are subject to change without notice.)
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To: Red in Blue PA
Less talking.

More doing.

Toby Keith - A Little Less Talk And A Lot More Action

https://www.youtube.com/watch?v=XI7YzUKE_wI

33 posted on 07/30/2015 7:55:11 PM PDT by Mastador1 (I'll take a bad dog over a good politician any day!)
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To: Carry_Okie

Congress had a jail?


34 posted on 07/30/2015 8:44:12 PM PDT by wastedyears (Iron Maiden - The Book of Souls, out Sept 4th, 2015)
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To: lodi90

Wouldn’t surprise me.


35 posted on 07/30/2015 8:45:19 PM PDT by DoughtyOne (Now remember honey, if you can't remember your name, just tell the police JEB. John Ellis "Jeb" Bush)
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To: wastedyears
Congress had a jail?

Congress has powers of arrest and detainment last exercised in 1934.

36 posted on 07/30/2015 8:52:14 PM PDT by Carry_Okie (Donald Trump is Ross Perot, with hair.)
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To: SeekAndFind

Koskinen oozes contempt.


37 posted on 07/30/2015 9:02:38 PM PDT by Chaguito
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To: Dr. Bogus Pachysandra

I just lost my my drink all over my desk...LMAO


38 posted on 07/30/2015 9:18:41 PM PDT by Kevin in California
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To: john drake

I’m sure it goes to Pa. Avenue too but i wouldn’t be surprised if this was Jarret all the way. She is very capable of taking this action on her own. And to the people in a rush to nail a higher up i say Feb 2016 is a perfect time to get to action so Obama’s pardon power is null and void.


39 posted on 07/30/2015 10:45:31 PM PDT by wiggen (#JeSuisCharlie)
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To: SeekAndFind

That Jiminy Cricket looking bastard has learned much from his master, Pinocchio.


40 posted on 07/30/2015 11:16:38 PM PDT by dead (I've got my eye out for Mullah Omar.)
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