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by
J. Christian Adams

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May 24, 2013 - 10:57 am

True the Vote is suing IRS employees personally, including Lois Lerner.  Learner was served this morning with the lawsuit (via Twitchy) by a process server at her home.  The lawsuit can be found here listing Lerner as a defendant in her personal capacity.  The reason the complaint header lists her home address is because she is being sued in her personal capacity and for the process server.

J. Christian Adams is an election lawyer who served in the Voting Rights Section at the U.S. Department of Justice. His New York Times bestselling book is Injustice: Exposing the Racial Agenda of the Obama Justice Department (Regnery).  His website is www.electionlawcenter.com. Follow him on Twitter @electionlawctr.

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Top Rated Comments   
Amazing how a political party which smugly moralizes about everyone else cannot figure out the difference between right and wrong. I hope they're sued into the stone age.
1 year ago
1 year ago Link To Comment
Maybe many other people or organizations that she hassled will now file lawsuits.
1 year ago
1 year ago Link To Comment
It's those Lois-level employees, I tell you...
1 year ago
1 year ago Link To Comment
All Comments   (19)
All Comments   (19)
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You want to know how Lois learner and Obama can do something? Obama is the Dictator of America voted in by the media brain washed population. He runs the country using the IRS, NSA and DOJ like his very own personal KGB ! Any one including the press that does not fallow his way of thinking is targeted and terminated , persecuted or arrested. All of America agrees with his approach to running the country because they accept Lois Learner taking the 5th. The American people accept that the military were told to stand down and not rescue the US ambassador and personnel in Benghazi. The Obama administration will not even respond to requests by our elected officials for information about these and other constitutional violations. SO GET ON YOUR KNEES AND WORSHIP OBAMA with the rest of America. No one will push the issue because he is the first Black president so he is allowed to murder and get away with it . Look at what happens every time a whistle blower Tries to blow the whistle on any government corruption , instantly they are arrested, persecuted or just disappear. LONG LIVE OBAMA !!!!!!!!!!!
48 weeks ago
48 weeks ago Link To Comment
Oh, my, you mean Lois Lerner was served with papers involving a lawsuit? When I heard she was "served" I naturally thought that the WH chef had stopped by to serve her a French toast and mimosa brunch as a reward for keeping her mouth shut.
1 year ago
1 year ago Link To Comment
And on what did they base the personal suit?

From what (miniscule amount) I know, this will just be tossed out of court in five seconds, unless you get a particularly rambunctious judge.
1 year ago
1 year ago Link To Comment
There are explicit prohibitions upon the conduct complained of. Further, a Bivens action would be appropriate.
1 year ago
1 year ago Link To Comment
For most matters, a government employee is covered by sovereign immunity from suit ...SO LONG AS THEIR ACTS ARE WITHIN THE STATUTORY SCOPE OF THEIR AUTHORITY AND THEY ARE NOT ACTING IN A DISCRIMINATORY MANNER TO DENY THE RIGHTS OF INDIVIDUALS OR GROUPS. [not yelling, this silly PJM system no longer allows italics for emphasis.]

The government is mandated to be an honest broker treating everyone equally regardless of race, color, creed, national origin, or political beliefs. The government collectively, and government employees individually are not allowed to discriminate in the course of their duties.

The specific Federal statutes that Lerner and every employee who took part in this were written purposely to make the individual government employee who discriminates against citizens under the color of law liable for suit and deliberately removed the protection of sovereign immunity from them. In addition to the statutes used here, there are additional Federal statutes that may be invoked yet, as more evidence comes in that involve RICO; Racketeering Influenced and Corrupt Organizations, that also make the individuals and organizations liable.

These are the same laws that allows suits to proceed against government entities to enforce the Civil Rights Acts, and allow you to sue a cop who brutalizes you. When the government violates the law, it is worse than when an individual violates the law.

Unless you happen to think that it doesn't apply when there is a Leftist government.

Subotai Bahadur
1 year ago
1 year ago Link To Comment
Perhaps buzzsawmonkey was punning.

I'm thinking that he didn't mean "lowest level", I think he meant "at the level of" Lois Lerner.

[Don't mean to insert unintended meaning here into someone else's post, it's just my own insatiable punning-opportunity antennae start quivering wherever the vibes hit.

Apologies if appropriate. ]
1 year ago
1 year ago Link To Comment
Unfortunately, every government is full of Lois Lerners. They sit a level or two below poltical appointees and they're the ones that really make governments run and maintain its institutional memory and culture. People outside government focus on the appointees but generally governments run in spite of political appointees, not because of them, at least with regard to the day to day functions.

This woman went to a lefty MA college and law school, so it's a fair bet she's a lefty. She has been in the federal government as a lawyer or high level manager for 34 years, which means she was hired at the tail end of Carter or maybe early Reagan. She has been in a position to be a part of policy formulation and implementation through 5, count them 5, Republican Presidential terms. Why in Hell is she still in government at all and especially why is she in such a high position through all those Republican terms?

I can't find a detailed bio, but I assume she is SES and thus entitled to process and cause on dismissal, so you can't just fire her as your hand comes off the Bible like you can true appointees. But, I swear to God give me six months or a year and I'll fire even a unionized employee who is, shall we say, "not aligned" with the Administration. There are those people at this level who are simply subject matter experts and/or apolitical managers, some, not many, but most of them at this level are or want to be players, most have muscle memory for their favorite reporter's number, most have several Congressional/Legislative staffers in their speed dial, and often on their guest list or in their date book. If you're a Republican, you watch these people like hawks and if they do anything disloyal, you come down on them like a ton of bricks. You try to provoke them to defy you or do something disloyal in the face of an order so you can fire them or make their life so miserable that they transfer, demote, or quit. If you can't do that, you take all power away from them and give them an office with no windows and a seat that flushes and don't put their phone number and email address in the directory. That way they won't have any information worth leaking and no power to do anything. Some can't stand that treatment and wll quit, some will just put their head down until the next election or their retirement date. But, what her presence in such a position for all these years really means is that a succession appointee-level managers in Reagan, Bush I, and Bush II didn't pay any attention to her and didn't adquately supervise her. Hell, I think she got some of her promotions during Republican Administrations. Republicans need to learn to do what the Democrats do: as the new executive's hand is coming off the Bible, they fire everybody they have a legal right to fire on transition, they have a hit list of people at the managerial level that interfaces with political appointees and they fire as many as they dare the rest either kiss the ring or they get the office with no windows treatment.
1 year ago
1 year ago Link To Comment
"...generally governments run in spite of political appointees, not because of them..." And it has been my fear that these day to day positions are - by and large - occupied by unionized, left-leaning drafters and/or enforcers of the regulations? So interpretation and rule making from EPA, Dept of Education, etc are firmly and virtually permanently in progressive hands?

I wish there were limits to government service.
1 year ago
1 year ago Link To Comment
Abolish Civil Service for anyone but hourly employees. Return to the spoils system and problems like this one vanish immediately....
1 year ago
1 year ago Link To Comment
Art - Here's some more info about Lerner (and, yes, she's scum):
http://www.nationalreview.com/article/349181/lois-lerner-fec-eliana-johnson
1 year ago
1 year ago Link To Comment
So, if she was being sued in her official capacity she would be entitled to attorney representation from the IRS? Does this mean she doesn't get to use representation retained by the IRS? If not, I think this is a stroke of genius because it puts her in a position to start digging into her own pockets to fight the heat. She may just get a lot more compliant and willing to answer questions...maybe even start selling out her superiors (whether accusations are true or not!).

That's the thing about liberals. If they are about to go down, they will start selling each other down the river to save their own skins. Let the circular firing squad commence!
1 year ago
1 year ago Link To Comment
not just IRS representation. i believe that any fines will be paid by her and not the taxpayer. the best she can hope for is to be covered by homeowners insurance. any lawyers out there know for certain?
1 year ago
1 year ago Link To Comment
Amazing how a political party which smugly moralizes about everyone else cannot figure out the difference between right and wrong. I hope they're sued into the stone age.
1 year ago
1 year ago Link To Comment
Maybe many other people or organizations that she hassled will now file lawsuits.
1 year ago
1 year ago Link To Comment
It's those Lois-level employees, I tell you...
1 year ago
1 year ago Link To Comment
Lois Lerner is a high-level employee. Basically she is a direct report to political appointee management. There may be some deputies and assistants for day to day stuff, but basically a director reports to a Secretary/Commissioner and a Secretary/Commissioner reports to the President. This administration has put in all sorts of czars and other cut-outs, but in the true line of authority, she's two levels below the President.
1 year ago
1 year ago Link To Comment
Not two levels. The IRS is subordinate to the Treasury department, but otherwise the point is valid.
1 year ago
1 year ago Link To Comment
Don't blow Arts intellectual superiority and high government appointee experience. Art probably meant she was two levels below the Rotary President.
1 year ago
1 year ago Link To Comment
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