This week, a judge in True the Vote (TTV) v. IRS granted a victory to the IRS when it rejected an attempt by the conservative Tea Party group to have the court appoint a forensics expert to find Lois Lerner’s missing emails and documents. The ruling demonstrates what kind of an uphill climb groups like TTV can expect to face as federal judges have become increasingly beholden to the federal government. The irony is there is a one-page document already in the public arena that would win TTV’s case but attorney Cleta Mitchell refuses to point to it.
That document is the 501(c)(3) approval letter for the Barack H. Obama Foundation (BHOF), headed by Malik Obama, the Pro-Hamas brother of President Barack Obama who is connected to terrorists, terrorist organizations and the government of Sudan, a State Sponsor of Terrorism.
The letter was signed by Lois Lerner after less than 30 days of processing, date stamped on a Sunday and illegally backdated more than the 27 months permitted by law. Of all the wrong Lerner has done, her treatment of BHOF is the most egregious and damning – and it’s a ONE-PAGE DOCUMENT.
As for this week’s ruling…
Judge Reggie Walton of the U.S. District Court of the District of Columbia said True the Vote’s lawsuit against the IRS failed to show “irreparable harm” in its injunction relief request and that “the public interest weighs strongly against the type of injunctive relief the plaintiff seeks.”
“Despite the general distrust of the defendants expressed by the plaintiff, the Court has no factual basis to concur with that distrust … and therefore concludes that the issuance of an injunction will not further aid in the recovery of the emails, if such recovery is possible, but will rather only duplicate and potentially interfere with ongoing investigative activities,” he wrote in a court memorandum posted Wednesday afternoon.
Following the news that the IRS lost two years’ worth of ex-IRS official Lerner’s emails, True the Vote last month asked the court to grant an injunction relief motion barring the IRS from destroying documents, and to approve the computer expert as part of an “expedited” discovery process. The group’s lawyer said Wednesday they could still try for regular, rather than “expedited” discovery, at a later point.
Failed to show irreparable harm? Would not the finding that the IRS aided an abetted terror funding demonstrate “irreparable harm” to ANYONE?
The deference federal judges have to federal entities in court cases is legendary (John Roberts on Obamacare anyone?). Just read the story of Terry Reed in COMPROMISED. For that reason, TTV attorneys can expect a ruling that any evidence connecting the Obama family to terrorism and reveals the President and Lerner as accessories will be inadmissible.
That’s not where TTV should introduce the case; it should introduce this evidence into the court of public opinion through the media or in congressional testimony.
There is one person who could today pick up the phone, call the cable news channels and drastically alter the news cycle, putting Barack Obama, the IRS and Lois Lerner on immediate defense.
TTV attorney Cleta Mitchell.
On the week that House Ways and Means Committee chairman Dave Camp released Lois Lerner emails proving that she considered tea party groups to be worse than “terrorists”, Mitchell had a golden opportunity to draw the very damning contrast. She appeared on Fox News Channel and in front of the House Oversight Committee and avoided the Malik Obama dimension entirely, as Shoebat.com reported.
In his ruling, the judge actually said there was no reason to believe the IRS destroyed emails.
Yes, he really said that:
True the Vote tried during a court hearing last month to argue that the loss of emails was “spoliation” and that it “will face irreparable injury to the fair adjudication of its claims — and consequently, its constitutional rights — if critical electronic information is not recovered and preserved.”
Spoliation is the purposeful destruction of evidence or failure to record information to hide something. The IRS denies that it has destroyed any evidence, blaming the lost emails on an accidental computer crash.
The judge essentially said there was no reason to suggest the IRS intentionally destroyed evidence: “Without a finding that spoliation previously occurred, there is little basis to conclude that the defendants will ‘continue’ spoliating potential evidence.”
This ruling is patently absurd and demonstrates bias on the part of the judge. As a consequence, TTV’s attorneys in general – Mitchell specifically – must go on offense if they are going to represent their client properly. Not doing so with the evidence at their disposal is actually doing a disservice to TTV.
Mitchell and TTV have not been reluctant to point to the cases of other groups who have been targeted as well. In fact, they attempted to introduce one such case as evidence. The same judge rejected it:
The judge also rejected the group’s argument that because pro-Israeli group Z Street sued the IRS on a similar tax-exempt application matter in 2010, that the IRS was legally obligated to save all the emails as evidence because it was under investigation.
Perhaps providing better contrast than Lerner’s emails about tea party groups being worse than terrorists would be showing the disparity between treatment received by pro-Israeli Z Street and BHOF, headed by a pro-Hamas president.
Instead, Mitchell is choosing to fight a stacked deck without playing her trump card.