I had not been following this Cincinnati case on OTR at 7pm …this one slipped my attention…..hence I am posting it here and now.
There were two rulings against the IRS this week by Federal Judges in DC (Judges Walton and Sullivan) so this is a 3rd bad ruling for the IRS and this is a Federal Judge in Cincinnati (Dlott.) The IRS had sought in this Cincinnati case to get the case against them thrown out but the Judge has ruled against the IRS and this matter will move forward to trial.
What is particularly significant about this ruling is not so much that it goes forward to trial but that it means the Tea Party group is entitled to do discovery. Discovery is much more aggressive and much more far reaching than a trial. At trial there are rules limiting what can be presented but during discovery, you can pretty ask for the moon.
CINCINNATI (AP) — A federal judge has allowed a lawsuit by 10 tea party groups to move forward against the Internal Revenue Service, rejecting a request by the federal government to dismiss all the allegations that the agency subjected conservative groups to additional, often burdensome scrutiny.
In her ruling Thursday, Judge Susan Dlott allowed two of the tea party groups’ claims — including that the IRS discriminated and retaliated against them based on their views in violation of their free speech rights — to survive to trial.
The Cincinnati-based Dlott did dismiss a third claim, ruling the tea party groups could not pursue allegations of privacy violations on behalf of their individual members. The individuals themselves have to do that, she said.
Edward Greim, the lead attorney for the tea party groups, said Friday he is pleased the case will move forward.
“If the government is right in this case, it means that from now on, no matter who the president is, the IRS can pick out a group of people that disagrees with the president and pull those people out, delay them, harass them, target them, and there’s nothing anyone can do about it,” Greim said. “And our position is very simple: That cannot be true and that’s not the republic that we live in.”
Greim said he was planning CLICK HERE