Tag: Bad Faith

Federal Judge: Hitlery’s Email Stories “Constantly Shifting” – Obama Regime Showed “Bad Faith” Providing Records

Hillary Clinton Email Stories ‘Constantly Shifting,’ Judge Says – Washington Times

.

.
Former Secretary Hillary Clinton and her State Department colleagues have given “constantly shifting” stories about her secret email account, a federal judge said Tuesday, finding there’s evidence the Obama administration showed “bad faith” in how it followed open-records laws.

Judge Royce C. Lamberth said it remains to be seen whether the government did try to obfuscate matters, but said there’s at least enough smoke that Judicial Watch, the conservative interest group suing to get a look at all of Mrs. Clinton’s records, should be allowed to press for more details about how the State Department made its decisions.

“Plaintiff is relying on constantly shifting admissions by the government and the former government officials,” Judge Lamberth said.

Mrs. Clinton declined to use a State.gov email account during her term as secretary, instead using an email account tied to a server she kept at her home in New York.

All of her messages that concerned official business were supposed to be archived by the State Department, but she kept them, only returning them in December 2014, nearly two years after leaving office and only at the prompting of the House committee probing the 2012 terrorist attack in Benghazi.

That meant that during her four years in office and nearly two years afterward, the State Department was not searching those documents in response to open-records requests from Congress or the public.

Last month, the State Department finally finished processing more than 30,000 pages of Mrs. Clinton’s emails and made them public on the department’s Freedom of Information Act web page – a mammoth undertaking that has put a treasure trove of information in the public’s eye.

Judicial Watch and others argue that some 30,000 other messages Mrs. Clinton sent from her secret address during her time in office, but which she has deemed private business, should also be reviewed by the government.

The State Department told Judge Lamberth it never misled the public because it never said it was searching Mrs. Clinton’s emails in the first place. The department said that meant it wasn’t acting in bad faith when it responded to open-records requests.

Judge Lamberth, though, said more evidence is needed before those conclusions can be reached.

“The government argues that this does not show a lack of good faith, but that is what remains to be seen, and the factual record must be developed appropriately in order for this court to make that determination,” he said in a brief ruling.

The Justice Department declined to comment on Judge Lamberth’s ruling, which marks the third legal black eye for the Obama administration in recent weeks.

Last week, a federal appeals court said the Justice Department was turning the law on its head to protect the IRS from taxpayers, rather than to protect taxpayers from the IRS.

And another judge issued a “show cause” order demanding to know why the government appeared to conceal documents in an open-records case brought against a top Obama climate adviser. Judge Amit Mehta, who serves on the district court in Washington, D.C., along with Judge Lamberth, raised the possibility of punishing the administration for its actions.

Judge Lamberth’s decision Tuesday joins that of Judge Emmet G. Sullivan, also in the district court in Washington, who earlier this year granted discovery in another case brought by Judicial Watch against the State Department.

Judge Sullivan even said he was inclined to order the State Department to demand all of Mrs. Clinton’s emails – including the 30,000 or so messages she said were private business, not public records, that she sent from her secret account during her time in office.

Judge Lamberth said he’ll wait to see what Judge Sullivan decides before moving ahead with discovery in his own case.

.

.

Judge Orders IRS To Turn Over Secret List Of Conservative Groups It Targeted – Accuses Government Of Acting In Bad Faith

Court Rebukes IRS For Tea Party Targeting, Orders Release Of Secret List – Washington Times

.

.
A federal appeals court spanked the IRS Tuesday, saying it has taken laws designed to protect taxpayers from the government and turned them on their head, using them to try to protect the tax agency from the very tea party groups it targeted.

The judges ordered the IRS to quickly turn over the full list of groups it targeted so that a class-action lawsuit, filed by the NorCal Tea Party Patriots, can proceed. The judges also accused the Justice Department lawyers, who are representing the IRS in the case, of acting in bad faith – compounding the initial targeting – by fighting the disclosure.

“The lawyers in the Department of Justice have a long and storied tradition of defending the nation’s interests and enforcing its laws – all of them, not just selective ones – in a manner worthy of the Department’s name. The conduct of the IRS’s attorneys in the district court falls outside that tradition,” Judge Raymond Kethledge wrote in a unanimous opinion for a three-judge panel of the Sixth Circuit Court of Appeals. “We expect that the IRS will do better going forward.”

Justice Department officials declined to comment on the judicial drubbing, and the IRS didn’t respond to a request for comment on the unusually strong language Judge Kethledge used.

The case stems from the IRS‘ decision in 2010 to begin subjecting tea party and conservative groups to intrusive scrutiny when they applied for nonprofit status.

An inspector general found several hundred groups were asked inappropriate questions about their members’ activities, their fundraising and their political leanings.

The IRS has since apologized for its behavior, but insisted the targeting was a mistake born of overzealous employees confused by the law rather than a politically motivated attempt to stifle conservatives.

Tea party groups have been trying for years to get a full list of nonprofit groups that were targeted by the IRS, but the IRS had refused, saying that even the names of those who applied or were approved are considered secret taxpayer information. The IRS said section 6103 of the tax code prevented it from releasing that information.

Judge Kethledge, however, said that turned the law on its head.

“Section 6103 was enacted to protect taxpayers from the IRS, not the IRS from taxpayers,” he wrote.

Edward Greim, a lawyer at Graves Garrett who is representing NorCal Patriots, said they should be able to get a better idea of the IRS‘ decision-making once they see the list of groups that was targeted.

“What we’ll be able to see is how, starting in the spring of 2010, with the first one or two groups the IRS targeted, we’ll be able to see that number grow, and we’ll even be able to see at the tail end their possible covering up that conduct,” he said.

He said they suspect the IRS, aware that the inspector general was looking into the tax agency’s behavior, began adding in other groups to try to muddle the perception that only conservatives were being targeted.

Tuesday’s ruling is the second victory this year for NorCal Patriots.

In January U.S. District Judge Susan J. Dlott certified their case as a class-action lawsuit, signaling that she agreed with NorCal Patriots that the IRS did systematically target hundreds of groups for special scrutiny.

Certifying the class allows any of the more than 200 groups that were subjected to the criteria to join the lawsuit. But until the IRS complies with the appeals court’s ruling this week, the list of those groups is secret.

Now that the class has been certified, the case moves to the discovery stage, where the tea party groups’ lawyers will ask for all of the agency’s documents related to the targeting and will depose IRS employees about their actions.

The lawyers hope they’ll be able to learn details Congress was unable to shake free in its own investigations.

The Justice Department has concluded its own criminal investigation into the IRS and said the targeting was the result of bad management. But investigators said they found no criminal behavior, and specifically cleared former IRS head Lois G. Lerner, saying her fellow employees said she tried to correct the problems when she learned of them.

Republicans dismissed that investigation as a whitewash by the Obama administration.

.

.