Lois Lerner – the former senior IRS official at the heart of the IRS targeting scandal – once again pleaded the Fifth Amendment this week refusing to answer any questions about the scheme aimed at silencing conservatives. Yet, her silence this week is very telling. It raises 3 important questions, without her even saying a word. Was It All About Spite Against Conservatives? After nearly a year of silence, Lois Lerner’s attorney indicated to the House Oversight and Governmen... Continue Reading

On March 4, 2014, I had the privilege to argue before the Utah Supreme Court in the latest stage of the multi-year litigation known as Summum v. Pleasant Grove. As described in greater detail here and here, Summum first filed its lawsuit against Pleasant Grove City, Utah, nearly one decade ago in federal court, arguing that because the City displays in its historic Pioneer Park a Ten Commandments monument donated by the Fraternal Order of Eagles in 1971, the City must also display Summum’... Continue Reading

As Lois “Not Even a Smidgen of Corruption” Lerner asserts her Fifth Amendment rights against self-incrimination yet again, it’s useful to take a bit broader look at the corruption, partisanship, maliciousness, and utter incompetence of our nation’s tax-collecting agency. Let’s break this down: Corruption: Not only did the IRS target conservative tax-exempt applications for delays and excessive, unconstitutional scrutiny, it also flagged already-approved conservativ... Continue Reading

As Europe stares at the reemergence of classic power politics, I’m struck by the weakness of our European allies. As a matter of history, economic power, and potential military power, it is neither inevitable nor necessary that we take the lead role in dealing with aggression on the European continent. We have become “indispensable” not merely because we are in fact the world’s sole superpower, but also because our allies — with their own multi-trillion dollar econo... Continue Reading

With some parts of the Russian security state moving into Crimea, thoughtful people are saying that Putin is “intent on refighting the Cold War,” but I join others in thinking something much older is in play — the great power politics of the czars, including the balance-of-power jockeying that dominated much of the19th and early 20th centuries before the rise of the totalitarian systems of fascism and Communism. Putin isn’t seeking a world Marxist revolution but instead i... Continue Reading

“Oh, say does that star-spangled banner yet wave O'er the land of the free and the home of the brave?” Apparently the answer is now, “No.” What King George’s rockets red glare and the British bombs bursting in air could not do, the Ninth Circuit Court of Appeals has accomplished in one sweeping judicial opinion. Last week in Dariano v. Morgan Hill Unified School Dist., the Ninth Circuit ruled that a public school can actually ban the American flag. Making matter... Continue Reading

The Washington Times has just reported a key development in the battle against IRS censorship. The IRS may be backing down: The IRS said Wednesday its new proposal to crack down on tea party and other nonprofit groups won’t be ready before the November elections — even as House Republicans voted to halt the entire process for the next year, arguing the tax agency hasn’t even learned the lessons of its previous problems. John Koskinen, the new IRS commissioner, said he&rsquo... Continue Reading

Yes you read the title right. However, this is not the beginning of a joke. As more and more time passes, we are reminded of just how long the IRS has been targeting some of our clients. We were aware of this targeting scheme in early 2012, but the Administration denied its existence at the time. It was not until the following year, in May of 2013, when Lois Lerner admitted that the IRS had in fact singled out and targeted hundreds of tea party and conservative groups. After President Obama an... Continue Reading

Last Friday, the ACLJ launched the next phase of its opposition to the IRS targeting scheme by filing a formal objection to the IRS’s unconstitutional proposed regulations of 501(c)(4) organizations. The IRS’s proposed regulations represent merely the latest effort to unlawfully restrict the free speech of conservative and Christian groups and indeed fits the longstanding pattern of Obama Administration lawlessness: Overreach, retreat, and try again. The ACLJ first sounded the alar... Continue Reading

In an important development, congressional investigators have announced that they will recall former top IRS official Lois Lerner to testify about the targeting scandal. Rep. Darrell Issa, Chairman of the House Committee on Oversight and Government Reform, sent a letter to Lerner’s attorney requesting she appear before the panel next week to answer questions about the targeting scheme. In May 2013, after proclaiming her innocence, she refused to answer questions before the panel, invoking... Continue Reading