Posted on 06/27/2014 7:24:02 PM PDT by Whenifhow
Judicial Watch today filed a Motion for Status Conference, and within hours was granted a hearing in the United States District Court for the District of Columbia to confer about the emails of Lois Lerner and other IRS officials, which were the subject of longstanding Judicial Watch Freedom of Information Act (FOIA) requests and a lawsuit, and which the IRS now claims to have “lost” (Judicial Watch v. IRS(No. 1:13-cv–1559)). The hearing is scheduled for July 10.
The emails Judicial Watch has sought since May 2013 cover portions of the same period for which the IRS on June 13, 2014, notified the House Committee on Ways and Means were lost or destroyed. Yet, according to the Motion for Status Conference, the IRS failed to notify either Judicial Watch or the court concerning the “lost” emails:
Plaintiff’s FOIA requests and the Committee’s request indisputably seek the same emails of Lois Lerner and the other IRS officials, including Nikole Flax, from January 1, 2010 to the present. Despite the obvious relevance, IRS has still not notified the Court or Plaintiff of the destruction of emails and whether the same issues relating to production of emails of Lois Lerner or the other six IRS officials exist in this lawsuit. Plaintiff only learned of the destroyed records on June 13, 2014, when the news media reported on the existence of IRS’s letter to Congress about the status of the emails.
SNIP
In its Motion Judicial Watch has asked for a status conference “as soon as possible to discuss the IRS’s failure to fulfill its duties to this court under the law, as well as other ramifications of this lawsuit.”
“The IRS is clearly in full cover-up mode,” said Judicial Watch President Tom Fitton. “It is well past time for the Obama administration to answer to a federal court about its cover up and destruction of records.”
Tom Fitton with Gretchen Carlson in the video below.
IRS Scandal - Judicial Watch Requests Court Hearing On Lost IRS E-Mails - The Real Story
http://www.youtube.com/watch?v=xg4pP3cZNm0
Why do I feel like I just got caught watching porn?
See more the page
MINUTE ORDER treating as opposed and granting over objection [20] Plaintiff's Motion for a Status Conference. The Court will hold a status hearing in this matter on July 10, 2014 at 11:00 a.m. in Courtroom 24A. Signed by Judge Emmet G. Sullivan on June 27, 2014. (lcegs1)
Wow! Judge Sullivan treated Judicial Watch's motion as opposed, but didn't even wait for the IRS to respond before granting the motion. I guess Judge Sullivan couldn't even imagine a plausible reason for the behavior of the IRS. I'm not a lawyer, but I am a regular court watcher. I have never seen a judge grant a motion without even letting the opposing party submit a brief opposing the motion.
Two thoughts. 1) This is good because it fast tracks the process. 2) This is bad since it doesn't require the IRS to make representations to the Court as to why it acted the way it did. Representations to Judge Sullivan that turned out to be less than forthcoming are what led to today's slapdown.
Judicial Watch has had a matter in Federal Court since, it appears, May of 2013. Things take time of course, so the court has the patience to make sure everyone has what they need to proceed in this matter. BUT! If something develops which would cause either party to be unable to participate further, the court needs to be advised. So here is where the IRS outsmarted itself. Plaintiff only learned of the destroyed records on June 13, 2014, when the news media reported on the existence of IRS’s letter to Congress about the status of the emails.
Ok, the COURT is NOT amused! The attorney representing the Government is going to be on the HOT SEAT and a good excuse better be forthcoming QUICKLY as to why the COURT was not notified of the status of the E-Mails prior to the information being released in the media. A Federal Judge has almost unlimited options in dealing with something this egregious. A Federal Judge can start punitive sanctions immediately, where Congress is unable to act. I would love to be there at the next hearing.
Thank you for your responses.
Two other threads you may want to see:
BREAKING: Meet Emmet Sullivan, IRS Judge Who Once Sicced a Special Prosecutor on DOJ
http://www.freerepublic.com/focus/f-news/3173393/posts
BREAKING: Meet Emmet Sullivan, IRS Judge Who Once Sicced a Special Prosecutor on DOJ
http://www.freerepublic.com/focus/f-chat/3173418/posts
Thanks for the link...good interview. Go get Tom.
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