2:04 PM, Jul 3, 2014 • By STEPHEN F. HAYES
IRS lawyers ought to enjoy themselves this holiday weekend because, as the Washington Examiner's Mark Tapscott reports, "they'll be busier than normal next week." IRS counsel will make two separate appearances next week in court to explain and defend the agency's handling of Lois Lerner's now-missing emails.
The Obama administration has managed to keep the IRS story just below full-blown-scandal level for months now. The Washington-based establishment media, long friendly to Barack Obama and his White House, have been willing to accept at face value the increasingly implausible nothing-to-see-here claims of top IRS and Obama administration officials. Many reporters are eager to believe Democrats' claims that the scandal is yet another example of right wing hysteria. When Republicans make wild public accusations without evidence to support them, as we've seen in abundance in recent weeks, they make it easier for lazy reporters to move the IRS story from their "potential scandal" box to their "Washington dysfunction" pile.
The possible shift from Congress to the courts may complicate that framework.
On July 10, IRS lawyers will appear in federal district court to explain why they never reported the emails missing in the context of a lawsuit brought by Judicial Watch. And the following day, the IRS legal team is expected to try to block outside access to the evidence that Lois Lerner's computer crashed—if such evidence exists.
Tapscott reports the IRS lawyers "will have to explain to U.S. District Court Judge Reggie Walton why the IRS shouldn't be required to let an outside expert evaluate whether emails on the computer hard drives of former IRS official Lois Lerner and six colleagues really are lost forever, as the agency recently told Congress.
“Responding to a motion filed Monday by True the Vote, a Houston-based conservative nonprofit at the center of IRS targeting during the 2010 and 2012 campaigns, Walton issued an order Tuesday to hear arguments next week."
The IRS and its leaders have thus far avoided serious legal scrutiny. The Department of Justice "investigation"—led by a high-dollar Obama donor, overseen by an attorney general who may be the most loyal of the Obama loyalists, who reports to a president who has already declared that there was not even a "smidgen" of corruption—has predictably yielded little.
With others now reviewing the evidence, that could change.
7:01 AM, Jul 2, 2014 • By JEFFREY H. ANDERSON
In the past week alone, President Obama has twice been rebuked by the Supreme Court for having run afoul of the Constitution (a 9-0 decision) or federal law (5-4). Unchastened, he brazenly picked the very day that the second decision was announced to reassert the Obama Doctrine — namely, that if Congress refuses to pass a political loser that Obama is
Three years ago, Obama went to court to keep a Taliban leader at Gitmo. Now he's out.11:00 AM, Jun 7, 2014 • By STEPHEN F. HAYES
While some top Obama administration officials are downplaying threats posed the five senior Taliban officials released from Guantanamo in the prisoner exchange for Bowe Bergdahl, not long ago the administration went to court to prevent one of those men from going free.
8:01 AM, Jan 8, 2014 • By JERYL BIER
In November, the Obama Justice Department dropped a lawsuit aimed at stopping a school voucher program in Louisiana. The Louisiana Scholarship Program is intended to give students in failing public schools a chance to attend better schools, including private ones. Justice tried to block the program on the basis that it may have violated a 1975 federal desegregation order.
5:03 PM, Aug 13, 2013 • By GEOFFREY NORMAN
Senator Harry Reid does not want any spent nuclear fuel going into that massive, and expensive, hole in the ground at Yucca Mountain in Nevada. And he has been able to make sure it hasn't happened, though that was the reason for digging the hole in the first place. Still, an empty hole in the desert might be a fitting relic of this civilization, which future generations can ponder the same way that we contemplate the pyramids and the ancient Egyptians worship of death. For us, it is the spending of vast amounts of money and energy to produce ... a vast, empty hole.
3:02 PM, Aug 5, 2013 • By CHRISTINE FLOWERS
A visitor to Richmond can’t leave without a trip to John Marshall’s house, a living shrine to the greatest chief justice in the history of the United States. Passing through the halls of his former home, it is as if the spirit of the great man is present in the articles he used and the rooms he inhabited. The courtly tour guide will narr
Judges should be unafraid to review government actions Jun 10, 2013, Vol. 18, No. 37 • By DAVID B. RIVKIN JR. and ELIZABETH PRICE FOLEY
For at least half a century, judicial restraint has been the clarion call of the conservative legal movement. After the Warren Court era, Roe v. Wade, and very nearly a “right” to welfare benefits, it was not surprising that conservatives would seek to rein in judicial self-aggrandizement.
4:01 PM, Apr 12, 2013 • By MICHAEL WARREN
Our own Jonathan Last recently released a top-notch book, What to Expect When No One's Expecting, about America's coming demographic disaster. The book has been well received by readers, among them the justices on the Texas supreme court. On the sixth page of the court's recent decision for Strickland v. Medlen, Justice Don Willett cites a fact from What to Expect: "American pets now outnumber American children by more than four to one.”
4:20 PM, Jan 25, 2013 • By JEFFREY H. ANDERSON
Today, President Obama’s belief in a “living Constitution” came up against a ruling that enforced our fixed Constitution. A 3-judge panel of the U.S. Court of Appeals for the D.C. Circuit unanimously declared Obama’s “recess” appointments to the National Labor Relations Board to be unconstitutional. In making those appointments when the Senate was still in session, Obama sought to do an end-around that deliberative body — a move made all the more striking by the fact that the Senate was, and is, controlled by his own party.
7:05 AM, May 21, 2012 • By JEFFREY H. ANDERSON
The New York Times gushingly describes how President Obama’s unique background — he’s “a man from many worlds,” “a transcender of tribes,” and, yes, “a former constitutional law professor” — has allowed him to unearth a creative “middle way” on the question of redefining marriage. That “middle way,” according to the Times’s account, is to come o