The Obama Administration Scandals Are About to Explode

Scott Varland
The Obama Administration scandals have reached critical mass.  There will be fission and an explosion.  No one can stop it. 

Various commentators have speculated about how the Obama Administration scandals will unfold.  Who will pursue the better strategy:  Democrats or Republicans?  Who will prevail?

Such speculation is beside the point, because the scandals have already reached critical mass.  There will be fission and an explosion.  President Obama may not be removed from office, but his Administration will be wrecked.

Consider just one lawsuit.  On May 20, 2013, a 24 page class action Complaint was filed in the United States District Court for the Southern District of Ohio:  NORCAL TEA PARTY PATRIOTS, ON BEHALF OF ITSELF, ITS MEMBERS, AND THE CLASS IT SEEKS TO REPRESENT, Plaintiff, vs.  THE INTERNAL REVENUE SERVICE, THE UNITED STATES DEPARTMENT OF THE TREASURY, and CURRENT AND FORMER EMPLOYEES OF THE INTERNAL REVENUE SERVICE IDENTIFIED AS JOHN DOES 1-100, Defendants.  I have presented the title of the Complaint in full for reasons that will become apparent.

The Complaint states that the IRS targeted between 296 and 500 Tea Party organizations and provides details about the targeting that denied tax-exempt status to organizations for up to three years over two campaign cycles.  For example, after the Norcal Tea Party Patriots (Norcal) applied for tax-exempt status, the IRS took no action for 13 months.  Then, in a letter dated January 27, 2012, the IRS demanded that Norcal gather and provide thousands of pieces of information, under penalty of perjury, no later than February 17, 2012.  The IRS did not grant Norcal tax-exempt status until August 2, 2012.  So the IRS slow-walked the Norcal application and also imposed an impossible to meet deadline.  This was not "horrible customer service" (to quote acting IRS Commissioner Steven Miller) provided by a low level bureaucrat.  Rather, the IRS had instituted an outrageous, oppressive, and illegal policy designed to crush the Tea Party.

According to the Complaint, there is no evidence that "Progressives" received the same treatment as the Tea Party.  Indeed, it took only 34 days for the IRS to approve the tax-exemption application submitted by the Barack H. Obama Foundation.  Lois (I Did Nothing Wrong) Lerner signed the approval letter.

In the Complaint, Norcal alleges numerous violations of the Privacy Act and the United States Constitution.  With regard to the Privacy Act, the IRS demanded information to which it was not entitled and then disclosed that information to various groups, including media, hostile to the Tea Party.  With regard to the United States Constitution, the IRS discriminated against the Tea Party in such a way as to abridge Freedom of Speech and the Right of Association and to deny Equal Protection under the law and Due Process of law.

In real terms, what does all of the above mean?  Norcal has brought a class action lawsuit on behalf of well over 250 plaintiffs and against numerous defendants.  The lawsuit raises issues of supreme importance.  Under these circumstances, the court will permit Norcal to pursue its suit through pleadings, extensive written questions asked before trial, the deposing of dozens of witnesses before trial, and if need be trial.  Over the next two years, Norcal will discover the precise nature of the conspiracy that was designed and perpetuated to warp political debate and thereby harm the Republic.  The court will not allow defendants to stonewall the proceedings.  Furthermore, Norcal has named as defendants current and former employees of the IRS.  To avoid liability and in some instances save their jobs, individuals at the bottom  will blame their current or former superiors who in turn will blame theirs.  So up the ladder of blame we will go.

Of course, the Norcal lawsuit will not reveal all (or even most) of the misfeasance and malfeasance.  (Other lawsuits and investigations will play significant roles.)  The revelations will weaken the Obama Administration to the point that the President will be unable to work his will on Democrats let alone Republicans.

Scott Varland is an American lawyer residing in London, England.

The Obama Administration scandals have reached critical mass.  There will be fission and an explosion.  No one can stop it. 

Various commentators have speculated about how the Obama Administration scandals will unfold.  Who will pursue the better strategy:  Democrats or Republicans?  Who will prevail?

Such speculation is beside the point, because the scandals have already reached critical mass.  There will be fission and an explosion.  President Obama may not be removed from office, but his Administration will be wrecked.

Consider just one lawsuit.  On May 20, 2013, a 24 page class action Complaint was filed in the United States District Court for the Southern District of Ohio:  NORCAL TEA PARTY PATRIOTS, ON BEHALF OF ITSELF, ITS MEMBERS, AND THE CLASS IT SEEKS TO REPRESENT, Plaintiff, vs.  THE INTERNAL REVENUE SERVICE, THE UNITED STATES DEPARTMENT OF THE TREASURY, and CURRENT AND FORMER EMPLOYEES OF THE INTERNAL REVENUE SERVICE IDENTIFIED AS JOHN DOES 1-100, Defendants.  I have presented the title of the Complaint in full for reasons that will become apparent.

The Complaint states that the IRS targeted between 296 and 500 Tea Party organizations and provides details about the targeting that denied tax-exempt status to organizations for up to three years over two campaign cycles.  For example, after the Norcal Tea Party Patriots (Norcal) applied for tax-exempt status, the IRS took no action for 13 months.  Then, in a letter dated January 27, 2012, the IRS demanded that Norcal gather and provide thousands of pieces of information, under penalty of perjury, no later than February 17, 2012.  The IRS did not grant Norcal tax-exempt status until August 2, 2012.  So the IRS slow-walked the Norcal application and also imposed an impossible to meet deadline.  This was not "horrible customer service" (to quote acting IRS Commissioner Steven Miller) provided by a low level bureaucrat.  Rather, the IRS had instituted an outrageous, oppressive, and illegal policy designed to crush the Tea Party.

According to the Complaint, there is no evidence that "Progressives" received the same treatment as the Tea Party.  Indeed, it took only 34 days for the IRS to approve the tax-exemption application submitted by the Barack H. Obama Foundation.  Lois (I Did Nothing Wrong) Lerner signed the approval letter.

In the Complaint, Norcal alleges numerous violations of the Privacy Act and the United States Constitution.  With regard to the Privacy Act, the IRS demanded information to which it was not entitled and then disclosed that information to various groups, including media, hostile to the Tea Party.  With regard to the United States Constitution, the IRS discriminated against the Tea Party in such a way as to abridge Freedom of Speech and the Right of Association and to deny Equal Protection under the law and Due Process of law.

In real terms, what does all of the above mean?  Norcal has brought a class action lawsuit on behalf of well over 250 plaintiffs and against numerous defendants.  The lawsuit raises issues of supreme importance.  Under these circumstances, the court will permit Norcal to pursue its suit through pleadings, extensive written questions asked before trial, the deposing of dozens of witnesses before trial, and if need be trial.  Over the next two years, Norcal will discover the precise nature of the conspiracy that was designed and perpetuated to warp political debate and thereby harm the Republic.  The court will not allow defendants to stonewall the proceedings.  Furthermore, Norcal has named as defendants current and former employees of the IRS.  To avoid liability and in some instances save their jobs, individuals at the bottom  will blame their current or former superiors who in turn will blame theirs.  So up the ladder of blame we will go.

Of course, the Norcal lawsuit will not reveal all (or even most) of the misfeasance and malfeasance.  (Other lawsuits and investigations will play significant roles.)  The revelations will weaken the Obama Administration to the point that the President will be unable to work his will on Democrats let alone Republicans.

Scott Varland is an American lawyer residing in London, England.