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 IRSs 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.