A federal judge ordered the IRS this week to turn over the list of 298 groups it targeted for intrusive scrutiny as the agency defends against a potential class-action lawsuit by tea party groups who claim their constitutional rights were violated.
The IRS had argued it shouldn’t have to release the names because doing do would violate privacy laws, but Judge Susan J. Dlott, who sits in the Southern District of Ohio, rejected that claim and ordered the tax agency to turn over any lists or spreadsheets detailing the groups that were targeted and when they filed their applications.
Judge Dlott also ordered the IRS to say whether a partial list of targeted groups reported by USA Today is authentic as a number of tea party groups try to win certification for a class action lawsuit against the IRS.
“The return information sought is directly related to the issue of class certification in this federal court proceeding,” the judge said. “The names of the putative class member organizations and their control dates — the date which the putative class member organizations submitted their applications for tax exempt status to the IRS — are directly related to the issue of class certification.”
The judge has not yet certified the tea party groups as a class, and the information that they’ve obtained so far through depositions remains under seal. But backers say if they can be certified, then they will begin to try to pry loose some of the key information about how the IRS chose which groups it went after in its targeting.
“We’re at the precipice,” said Mark Meckler, a member of one of the tea party groups suing, and also president of Citizens for Self-Governance, which is funding the litigation.
The Ohio lawsuit is the only major legal jeopardy still remaining in the courts for the IRS — though the agency is still facing an FBI investigation, according to documents obtained by True the Vote, a tea party group, under the Freedom of Information Act.
Earlier this week the deporting U.S. attorney in Washington, D.C. informed House Speaker John A. Boehner he would not prosecute Lois G. Lerner, the former senior executive who’s at the center of the targeting scandal, for contempt of Congress. The prosecutor said Ms. Lerner didn’t waiver her Fifth Amendment rights against self-incrimination when she delivered an opening statement at a congressional hearing but then refused follow-up questions.
Earlier this week the deporting U.S. attorney in Washington, D.C. informed House Speaker John A. Boehner he would not prosecute Lois G. Lerner, the former senior executive who’s at the center of the targeting scandal, for contempt of Congress. The prosecutor said Ms. Lerner didn’t waiver her Fifth Amendment rights against self-incrimination when she delivered an opening statement at a congressional hearing but then refused follow-up questions.
"Oversight member Rep. Trey Gowdy said at the May 22 [2013!!!]hearing. “You don’t get to tell your side of the story and then not be subjected to cross examination. That’s not the way it works. She waived her right of Fifth Amendment privilege by issuing an opening statement. She ought to stay in here and answer our questions.”
******* The world will not be destroyed by those who do evil ... but by those who watch them and do nothing. -- Albert Einstein