Larry Provost

“THE COURT: More appropriate for whom, though, for the department or the public? I mean, this is an action filed by an organization that seeks documents under the theory that the public likes to know what its government is doing, so appropriate for whom? How would delaying discovery assist this plaintiff [Judicial Watch] and the public in learning what happened here?

MR. KLIMAS: I would submit that letting the Inspector General conclude his investigation serves the public interest. The Inspector General is –

THE COURT: First of all, we don’t know who this Inspector General is; secondly, we don’t know whether his or her report is going to be public, right, right?

MR. KLIMAS: That’s correct.

THE COURT: So what’s — so let’s just stop there. Whose interest does that benefit, other than the IRS and not the public?”

Judge Sullivan was not persuaded and demanded answers, under oath, from the IRS within 30 days in regards to the missing emails. Sullivan mandated, “For the reasons stated by the Court on the record during the status hearing on July 10, 2014, Defendant IRS is hereby ORDERED to file a sworn Declaration, by an official with the authority to speak under oath for the Agency, by no later than August 11, 2014.”

Judge Sullivan’s ruling involves the Lois Lerner email issue, an issue Judge Sullivan said he would “leave that category (the missing emails) broad.” Judge Sullivan also mandated the upcoming IRS declaration “should also include how the government could recover information contained in the lost emails.”

Finally, Judge Sullivan mandated a Magistrate Judge, John Facciola, to

“manage and assist in discussions between Judicial Watch and the IRS about how to obtain any missing records from sources. Magistrate Facciola is an expert in e-discovery. Judge Sullivan also authorized Judicial Watch to submit a request for limited discovery into the missing IRS records by September 24.”

These rulings will go a long way towards determining whether the IRS emails, ostensibly used in the overall targeting of Conservative organizations, are indeed “lost” as the IRS claims. The IRS must now swear declarations under oath mandated by the American court system and the qualifications of its own internal IRS investigators are being vetted by our judicial system.

The score is ordinary people 2; intrusive government power 0.


Larry Provost

Larry Provost currently works at The American Legion in the National Security and Foreign Relations Division.