Day by Day Cartoon by Chris Muir

Tuesday, June 17, 2014

Two reasons why IRS scandal is not going away anytime soon

From the Washington Examiner via Instapundit:
There are many reasons why the IRS scandal won't be going away any time soon, but two of the biggest are Cleta Mitchell and Jay Sekulow.

Mitchell is a tough-as-nails Washington attorney and former Oklahoma Democratic state legislator who specializes in campaign finance law and represents several of the key Tea Party groups in the scandal.

Sekulow is the chief counsel for the American Center for Law and Justice, a Virginia-based educational foundation devoted to litigation on behalf of protecting traditional religious and constitutional values. Sekulow also represents a number of Tea Party groups targeted for harassment by the IRS.
Cleta Mitchell's name has popped up many times since the IRS scandal broke. She is a pitbull who is very determined. Read the paragraph below from the letter she wrote to the IRS:
Federal courts have held, in the context of trial, that the bad faith destruction of evidence relevant to proof of an issue gives rise to an inference that production of the evidence would have been unfavorable to the party responsible for its destruction. See Aramburu v. The Boeing Co., 112 F.3d 1398, 1407 (10th Cir. 1997). The fact that the IRS is statutorily required to preserve these records yet nevertheless publicly claimed that they have been “lost” appears to evidence bad faith. 18 U.S.C. § 1505 makes it a federal crime to obstruct congressional proceedings and covers obstructive acts made during the course of a congressional investigation, even without official committee sanction. See, e.g., United States v. Mitchell, 877 F.2d 294, 300–01 (4th Cir. 1989); United States v. Tallant, 407 F. Supp. 878, 888 (D.N.D Ga. 1975).
Which means, one can assume all the "lost material" would look bad for the person who lost it and one can base conclusion on that assumption.

I'm guessing the emails are worse than anything one can imagine.

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