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Rick Moran


May 18, 2013 - 2:30 pm

John Boehner is wondering who connected with the IRS caper might be going to jail.

The disappointing answer is … probably no one.

The targeting of political groups by the IRS is apparently not a crime, according to political lawyers from both parties.

“I am not aware of any statute that prohibits IRS targeting of applicants,” said Republican lawyer Jan Baran, who served as general counsel to George H.W. Bush and the RNC. Other politically inclined lawyers agree.

Essentially, there are three types of laws that might conceivably have been broken, as Attorney General Eric Holder acknowledged in his testimony before a House committee Wednesday:

1) Civil rights laws that protect people from being discriminated against by the government

2) The Hatch Act, which prevents civil servants from engaging in partisan political activity

3) Perjury laws, which prevent people from lying to Congress

For the third law to have been broken, Republicans would have to prove that IRS officials knew of improper targeting of conservatives and testified to the opposite effect. They have noted that then-IRS commissioner Douglas Shulman testified in March 2012 that there was no such targeting going on.

But for that to be perjury, Shulman would have had to know that he was lying. Miller admitted Friday that Shulman was wrong but suggested he wasn’t aware of the targeting.

“It was incorrect, but whether it was untruthful or not … ” Miller said, tailing off. He later added: “To my knowledge, I don’t believe he knew at the time.”

As for the first two laws, it likely would have to be proved that the staff members involved in targeting the conservative groups were deliberately doing so for political purposes.

“You would want some direct evidence of intent, that people knew what they were doing was wrong and they decided to do it anyway,” Nathan Hochman, a former assistant attorney general in the Justice Department’s tax division, told Bloomberg News.

An abuse of power is not criminal? Perhaps the Founders meant for impeachment to serve as a remedy for that kind of wrongdoing. But they also could never have envisioned such an expansive bureaucracy with such terrible power over American citizens.

If what the IRS did isn’t a crime, it should be made one. The power of the state to intimidate and to destroy is great enough as it is without loopholes allowing bureaucrats who violate the public trust to escape justice.

Rick Moran is PJ Media's Chicago editor and Blog editor at The American Thinker. He is also host of the"RINO Hour of Power" on Blog Talk Radio. His own blog is Right Wing Nut House.

Comments are closed.

Top Rated Comments   
I think only a true tool of the establishment, only someone so radical as to think things can go on fundamentally as they have in their lifetime--someone without the imagination or knowledge to know how and when the prospects for liberty were once better--only such a useless fool could think this is not a perfect context for a Title 18, U.S.C., Section 241 prosecution.

"If two or more persons conspire to injure, oppress, threaten, or intimidate any person in any State, Territory, Commonwealth, Possession, or District in the free exercise or enjoyment of any right or privilege secured to him by the Constitution or laws of the United States, or because of his having so exercised the same; or
If two or more persons go in disguise on the highway, or on the premises of another, with intent to prevent or hinder his free exercise or enjoyment of any right or privilege so secured—
They shall be fined under this title or imprisoned not more than ten years, or both"

The right involved is equal protection clause, and the due process clause. This was not due process, and was not equal protection.

And oh yeah, a little thing called the First Amendment.

And even if 241 won't serve, 42 USC 1983 should let them be sued into penury forever more.
1 year ago
1 year ago Link To Comment
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All Comments   (24)
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Can anyone reading who has federal prosecutorial experience say, if these activities by the IRS are ones which can plausibly see a conviction?
1 year ago
1 year ago Link To Comment
The Democratic parties Obama reelection committee is responsible for using the attack its enemies--Axelrod,Gibbs,Cutter,Burton,Dunn,Jarrett,Wasserman Schultz,and the rest are absolutely envolved.
1 year ago
1 year ago Link To Comment
and tell me again why the woman heading the tax exempt branch of the IRS didn't know, but yet was given significant bonuses for her good work in running the unit, and instead of being held accountable, is being transferred to the obamacare branch to run that.

Now as to the bonuses, if it was for excellence, who decided that she get them, and what was so excellent about this branch that was targeting groups for longer than we are being told?

And if she didn't know, again who is giving the bonus to this woman, and why?
1 year ago
1 year ago Link To Comment
So much wailing! A random group of just slightly above average lawyers could come up with a long list of causes of action under state and fed laws in less than twenty minutes, a heady brew of criminal and civil. And throw in the constitution, 4th and 5th amendments (equal protection clause, anyone?), cruel and unusual punishment (8th); perjury; civil tracing rules that allow attachment of spousal earnings and family cars and pension plans; annulment of pension rights; and on and on... How about racketeering under RICO? -- liberals love to blather about how the causes of action are never closed, so show 'em their own stuff. Remember, the moment a bureaucrat goes off the reservation on a frolic of his own he loses all kinds of immunity, so the only choice is to fold or rat on the boss. Scapegoats galore, and Obama implodes on camera!

The goal is not to win each claim but to overwhelm the opposition by attacks from all directions, all the time. Especially in the 'court of public opinion' -- ergo, follow the perps, and their kids, with cameras and annoying questions about ostracism and fraud, hounding them all day in every way, in the parking lots, the supermarkets, during the morning jog, at play dates and little league, whatever.Think of scorched earth and smoking craters where smug liberals used to be.

It really isn't hard at all, so what's missing on the good guys' side? Guts and will. The money's there, but lack of conviction will do you in every time. You'll never get another chance like this, but you'll fritter it away again.You guys simply aren't serious about winning, and it shows.

Hey, just look at the time, it must be about time for your crustless cucumber sandwich and a spin in the bath chair.
1 year ago
1 year ago Link To Comment
I like the RICO aspect. Certainly, it was a conspiracy to obstruct freedom of speech and circumvent Citizens United. How else did three Dem Senate chairs
come to write the IRS to look into specific Tea Party groups?
1 year ago
1 year ago Link To Comment
1 year ago
1 year ago Link To Comment
The actual reason nobody will go to jail is that nobody will prosecute anyone. Unlike stupid Republicans, Democrats make sure that their appointees are loyal to them. By the time you could work through a prosectution on lying to Congress or contempt of Congress, we'd be well into Hillary's second term so, to borrow a line, "What does it matter?"

There may be some federal ethics laws or rules or campaign finance laws or rules that would provide a cause of action but all of those sorts of things require that you exhaust administrative remedies before you can get to court. So, again, since the communists control the administrative remedy, and not a little of the court, again, you'd be well into Hillary's second term before you got before a judge, and, again, "what does it matter?"

If someone or a class tries to 1983 the individual employees, "just following orders" is a defense, so someone among the higher ups takes the fall in exchange for a Presidential pardon and the US interposes itself as the defendant and even if the plaintiffs win, they get their judgement from taxpayer funds. Ain't that a delicious irony?

The only way anybody goes to jail is if some Republican governor grows a pair and a Republican AG grows a brain and figures out a state law cause of action against IRS officers or employees for actions they took or failed to take regarding citiizens of that state. Anybody want to bet on that?
1 year ago
1 year ago Link To Comment
Federal law also provides the victims of the IRS with a specific avenue of civil relief against the perpetrators. Whether or not the IRS employes are ever tried/convicted under Title 18 Section 241, they can be sued.

U.S. Code
Title 42
Section 1983

Sec. 1983. - Civil action for deprivation of rights

Every person who, under color of any statute, ordinance, regulation, custom, or usage, of any State or Territory or the District of Columbia, subjects, or causes to be subjected, any citizen of the United States or other person within the jurisdiction thereof to the deprivation of any rights, privileges, or immunities secured by the Constitution and laws, shall be liable to the party injured in an action at law, suit in equity, or other proper proceeding for redress, except that in any action brought against a judicial officer for an act or omission taken in such officer's judicial capacity, injunctive relief shall not be granted unless a declaratory decree was violated or declaratory relief was unavailable. For the purposes of this section, any Act of Congress applicable exclusively to the District of Columbia shall be considered to be a statute of the District of Columbia Title 42, U.S.C., Section 14141
1 year ago
1 year ago Link To Comment
It's not like the commielibs need to fear an angry reaction from Conservatives. Worst-case scenario, Conservatives charter buses to DC after everyone in town goes on vacation, they stand miles away from any important office, listen to some speeches, pick up some trash, and then go home.

There is a reason why people in DC bend over backwards to avoid ticking off unions or Muslims. They are afraid of some groups and other groups have proven themselves harmless in all circumstances.
1 year ago
1 year ago Link To Comment
It is interesting to review the Honor Code of West Point:

"A cadet will not lie, cheat, steal, or tolerate those who do."

Definitions of the tenets of the Honor Code

LYING: Cadets violate the Honor Code by lying if they deliberately deceive another by stating an untruth or by any direct form of communication to include the telling of a partial truth and the vague or ambiguous use of information or language with the intent to deceive or mislead.

CHEATING: A violation of cheating would occur if a Cadet fraudulently acted out of self-interest or assisted another to do so with the intent to gain or to give an unfair advantage. Cheating includes such acts as plagiarism (presenting someone else's ideas, words, data, or work as one's own without documentation), misrepresentation (failing to document the assistance of another in the preparation, revision, or proofreading of an assignment), and using unauthorized notes.

STEALING: The wrongful taking, obtaining, or withholding by any means from the possession of the owner or any other person any money, personal property, article, or service of value of any kind, with intent to permanently deprive or defraud another person of the use and benefit of the property, or to appropriate it to either their own use or the use of any person other than the owner.

TOLERATION: Cadets violate the Honor Code by tolerating if they fail to report an unresolved incident with honor implications to proper authority within a reasonable length of time. "Proper authority" includes the Commandant, the Assistant Commandant, the Director of Military Training, the Athletic Director, a tactical officer, teacher or coach. A "reasonable length of time" is the time it takes to confront the Cadet candidate suspected of the honor violation and decide whether the incident was a misunderstanding or a possible violation of the Honor Code. A reasonable length of time is usually considered not to exceed 24 hours.

To have violated the honor code, a Cadet must have lied, cheated, stolen, or attempted to do so, or tolerated such action on the part of another Cadet. The procedural element of the Honor System examines the two elements that must be present for a Cadet to have committed an honor violation: the act and the intent to commit that act. The latter does not mean intent to violate the Honor Code, but rather the intent to commit the act itself.

Now, there are a few West Point Graduates who are cognizant of the events of Benghazi and the IRS. Perhaps they should remember their oaths and step forward.

1 year ago
1 year ago Link To Comment
Terminated IRS hacks will be feted as liberal heros and be given positions of stature somewhere in the vast liberal shadow government of NGO's and advocacy groups. Flat tax wil make the economy boom, but the libs will hate it.
1 year ago
1 year ago Link To Comment
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