-Caveat Lector-
Tuesday October 10, 2000
Judges grill IRS' lawyer in journalists' appeal
Klayman 'very pleased' with hearing
on politically motivated audit
By Julie Foster
© 2000 WorldNetDaily.com
During the Western Journalism Center's appeal of its case against
the Internal Revenue Service, judges for the 9th Circuit Court of
Appeals questioned a U.S. Justice Department attorney who had
attempted to argue that "no legal remedy" exists for non-profit
organizations targeted by the IRS for politically-motivated
audits.
Senior Circuit Judge Melvin Brunetti and Circuit Judges Stephen
Reinhardt and Pamela Ann Rymer heard oral arguments Thursday in
San Francisco for the Western Journalism Center's case against
the IRS over a politically-motivated audit performed against the
organization in 1996. A lower court dismissed the case more than
a year ago.
"We were very pleased with the way the court understood the
case," said Judicial Watch's Larry Klayman, who represents the
Western Journalism Center, founded by WorldNetDaily Editor and
CEO Joseph Farah. "It was clear from the reaction of the judges
that they believe there is legal remedy for politically-motivated
IRS actions, despite the fact that Justice Department lawyers
have claimed otherwise."
Rymer questioned the government's attorney, saying, "I would
suppose that you would agree that it is outrageous for the tax
power and the IRS to be used for any political purpose."
Stating her belief that the IRS was not acting out of political
retribution, the lawyer replied that if such an action had been
performed, "I would agree that it's outrageous, and I would also
... state that there is not cause of action," meaning WJC could
do nothing about it.
According to Klayman, other courts, including the 10th Circuit,
have ruled a cause of action does indeed exist in such cases. For
the sake of argument, however, Rymer continued, asking, "Do you
think that it should go completely without remedy if the Internal
Revenue Service is used against an individual or against a
non-profit entity which is politically anathema to the
administration?"
"Well, it isn't up to me. It's up to Congress," the Justice
Department lawyer answered.
Dozens of non-profit organizations critical of the Clinton
administration were audited during the 1990s, in addition to WJC.
Judicial Watch President Tom Fitton believes the IRS's actions in
such cases "ought to be front-page headlines across the nation."
The court must now decide whether WJC's case should be allowed to
come to trial. Fitton and Klayman discussed the case during their
weekly radio talk show Saturday. Both are optimistic about the
court's impending ruling.
"It was clear, I think, from the way the judges reacted to the
IRS lawyer ... that they weren't all that comfortable with it
(politically-motivated audits) either," Fitton said Saturday.
The Western Journalism Cener is seeking $10 million for First
Amendment violations and damage to its reputation caused by the
audit, which in turn served to reduce donations -- the
organization's only source of income.
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Shalom, A Salaam Aleikum, and to all, A Good Day.
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