On behalf of the Western Journalism Center,
Judicial Watch general counsel Larry Klayman will present an appeal to the 9th Circuit Court of Appeals tomorrow, charging the Internal Revenue Service with performing a politically motivated audit at the behest of the White House.
The appeal comes more than a year after a federal judge in Sacramento, Calif., refused to hear the case based on what Klayman says is a “misinterpretation of the law.”
“We feel that we have an excellent chance of reversing the lower court’s judgment, because for the IRS agents to conduct a politically motivated tax audit violates First and Fourth Amendment rights,” he said. “And in all other jurisdictions where the issue has been decided by courts … courts have held that there are actionable civil rights claims against IRS agents who conduct audits for political purposes.”
Dozens of organizations critical of the Clinton administration were audited during the 1990s, including Western Journalism Center, founded by WorldNetDaily Editor and CEO Joseph Farah. When WJC’s audit began in 1996, Farah blew the whistle on the case — as well as a pattern of other apparently politically motivated audits — in October 1996 in the Wall Street Journal. A firestorm of protest ensued, resulting in a congressional investigation, as well as the resignation of IRS Commissioner Margaret Milner Richardson.
Contradicting the assessment of the case by IRS officials and their Justice Department lawyers, a Treasury Department report states unequivocally and repeatedly that the audit against the Western Journalism Center began with a letter forwarded from the White House to the IRS.
“The audit originated from a taxpayer who faxed a letter to the White House expressing his concern over a one-page advertisement paid for by WCJ (Western Center for Journalism) that asked for contributions to investigate (former Deputy Counsel Vincent) Foster’s death,” explained the official Treasury Department report. “The fax was forwarded to the EO (Exempt Organizations) National Office and then to the respective Key District Office for appropriate actions.”
The IRS eventually closed the audit case against the WJC, finding no evidence of wrongdoing, and extending the center’s tax-exempt status.
Klayman believes the Western Journalism Center’s case against the IRS sends a message to Washington.
“This case is extremely important because of the pattern of political audits during the Clinton-Gore administration, and whoever is the next occupant of the White House should be on notice that the American people will not tolerate these kinds of abuses.”
The hearing tomorrow is open to the public and will take place at the
9th Circuit Court of Appeals located at 95 Seventh Street, San Francisco.
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