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IRS Targeting Case Advances, Court Reverses Lower Decision

CONCLUSION

For the reasons set forth above, we affirm the district

court’s dismissal of appellants’ Bivens actions and statutory

claims, but reverse the district court’s dismissal of the actions

for injunctive and declaratory relief and remand for further

proceedings consistent with this opinion.

****

United States Court of Appeals

FOR THE DISTRICT OF COLUMBIA CIRCUIT

Argued April 14, 2016 Decided August 5, 2016

No. 14-5316

TRUE THE VOTE, INC.,

APPELLANT

v.

INTERNAL REVENUE SERVICE, ET AL.,

APPELLEES

Appeal from the United States District Court

*****

Appellants appeal from judgments of the district court

dismissing some of their claims under Rule 12(b)(6) for failure

to state a claim for relief, and others under Rule 12(b)(1) for

lack of jurisdiction, by reason of mootness. See True the Vote,

Inc. v. IRS, 71 F. Supp. 3d 219 (D.D.C. 2014); Linchpins of

Liberty v. United States, 71 F. Supp. 3d 236 (D.D.C. 2014).

Each of the above-named appellants together with numerous coplaintiffs

in the Linchpins of Liberty litigation, filed applications

with the Internal Revenue Service for recognition of tax

exemption as charitable or educational organizations pursuant to

26 U.S.C. § 501(c)(3), (4). As to what happened thereafter, we

construe the complaints in the light most favorable to the

plaintiffs, see Missel v. DHSS, 760 F.3d 1, 4 (D.C. Cir. 2014),

although there is very little factual dispute between the parties

as to the conduct committed by the IRS.

Instead of processing these applications in the normal

course of IRS business, as would have been the case with other

taxpayers, the IRS selected out these applicants for more

rigorous review on the basis of their names, which were in each

instance indicative of a conservative or anti-Administration

orientation, as we will set out in more detail below, and as was

admitted by the Department of Treasury in the 2013 report of

the Treasury Inspector General for Tax Administration

(TIGTA).

The appellants before us, plaintiffs below, are applicants

who were afforded this unequal treatment. They brought the

present actions against the IRS and several of its individual

employees, seeking money damages by way of relief under

Bivens v. Six Unknown Named Agents of Fed. Bureau of

Narcotics, 403 U.S. 388 (1971), and equitable relief by way of

injunction and declaratory judgment. Additionally, the

complaints alleged that the IRS invaded the plaintiffs’ statutory

rights by violating 26 U.S.C. § 6103, by conducting

unauthorized inspection and/or disclosure of tax return

information from their applications and the other information

improperly obtained from them. Read the full decision here.

Edward Snowden has Gone Hollywood

The U.S. v. Edward Snowden criminal complaint is under seal but the cover is here.

New Snowden Movie Depicts Traitor as Hero; Profiting from His Treason May Violate Law

JudicialWatch: The upcoming Hollywood movie about traitor Edward Snowden—criminally charged by the U.S. government under the Espionage Act—portrays the National Security Agency (NSA) subcontractor who leaked top secret information as a courageous patriot. Nothing surprising there considering the film’s Academy award-winning director, Oliver Stone, referred to Snowden as a “hero”back in 2013 when he fled to Moscow to avoid prosecution after betraying his country. Snowden’s illegal disclosures have helped terrorist groups like Al Qaeda and led to the death of innocent people. Last year Snowden began openly engaging with ISIS and Al Qaeda members and supporters via social media.

Image result for edward snowden Buzzfeed

“Snowden has done incalculable damage to the NSA and, in the process, to American national security,” according to University of Virginia Law School Professor Robert F. Turner, who specializes in national security issues and served as Counsel to the President’s Intelligence Oversight Board at the White House. “Officials in position to know said good people have already lost their lives thanks to Snowden. Countless more are likely to lose theirs now that our enemies know our most closely guarded sources and methods of communications intelligence collection.” Turner adds that Snowden is hailed as a hero and “whistleblower” by those who are clueless to the devastation he’s done. “When all of the smoke clears, it may very well be proven that Snowden is the most injurious traitor in American history.”

This would make it illegal to profit from his crimes and the Department of Justice (DOJ) should confiscate all money made by the violators. Snowden is no whistleblower. In fact he violated his secrecy agreement, which means he and his conspirators can’t materially profit from his fugitive status, violation of law, aiding and abetting of a crime and providing material support to terrorism. It’s bad enough that people are profiting from Snowden’s treason, but adding salt to the wound, the Obama administration is doing nothing about it. Judicial Watch has launched an investigation and is using the Freedom of Information Act (FOIA) to obtain records. True whistleblowers and law-abiding intelligence officers such as Lt. Colonel Anthony Shaffer, FBI Special Agent Robert G. Wright and Valerie Plame got release authority in accordance with their secrecy agreement and did not seek money or flee to Russia. A federal appellate court has ruled that government employees, such as Snowden, who signed privacy agreements can’t profit from disclosing information without first obtaining agency approval. The case involved a CIA agent (Frank Snepp) who violated his agreement with the agency by publishing a book. A federal court denied Snepp royalties from his book and an appellate court upheld the ruling, reiterating that the disgraced agent breached the “constructive trust” between him and the government.

Related reading:  Audit of the Federal Bureau of Investigation’s Implementation of Its Next Generation Cyber Initiative

Furthermore, Snowden, Stone and the producers of a 2014 Oscar-winning Snowden film titled “Citizenfour” may be in violation of the Anti-Terrorism Act (ATA), which forbids providing material support or resources for acts of international terrorism. Many deep-pocketed institutions have been sued under the law for providing terrorist organizations or affiliates resources that assisted in the commission of terrorist acts. Just last month the families of victims killed and injured by Hamas filed a $1 billion lawsuit against Facebook under ATA for providing the terrorist group with material support by letting it use its services to help carry out attacks. A number of banks have also been sued under the law for financing terrorist activities, albeit unknowingly.

Both Stone and “Citizenfour” director Laura Poitras had clandestine meetings abroad with Snowden. Stone told a Hollywood trade publication he met Snowden in Russia and that he moved production overseas because filming in the U.S. was too risky. “We didn’t know what the NSA might do, so we ended up in Munich, which was a beautiful experience,” Stone said. Poitras actually collaborated with Snowden’s defection to China then Russia and had email communication with him before he committed his crimes so she had foreknowledge. This is all included in her documentary. On May 20, 2013 Snowden flew to Hong Kong to meet with British journalists and Poitras. He gave them thousands of classified documents and Poitras became known as the woman who helped Snowden spill his secrets, or rather commit treason. When Citizenfour won the 2015 Academy Award, Poitras was joined by Snowden’s girlfriend during her acceptance speech at the Dolby Theater in Hollywood, California. “The disclosures that Edward Snowden revealed don’t only expose a threat to our privacy but to our democracy itself,” Poitras said in her acceptance speech. “Thank you to Edward Snowden for his courage and for the many other whistleblowers.”

Snowden remains a fugitive from U.S. law protected by Russia. On June 14, 2013, federal prosecutors charged him with “theft of government Property,” “unauthorized communication of national defense information” and “willful communication of classified communications intelligence information to an unauthorized person.” Al Qaeda keeps using information leaked by Snowden to help its fighters evade surveillance technology, according to a British newspaper report. “The terrorist group has issued new video guidance based on what they have learnt about Western spying methods from the Snowden disclosures which have been made public on the internet,” the article states. “The move confirms the worst fears of British and American intelligence chiefs who warned that Snowden’s betrayal would play into the hands of the terrorists. The video even uses footage of news reports of the Snowden leak, highlighting how ‘NSA is tracking millions of phones.’”

There is Video of the $400 Million to Iran

But Trump was telling a fib when he said he saw it…he has not had any intelligence briefings yet and likely will not until the end of August. Meanwhile, the Iranians are going at the United States with all propaganda they can muster. John Kerry and the White House not only look like fools, they ARE fools.

Another question for those investigative journalist: Were the 7 Iranian spies that also included in this transaction on that same plane as the money?

Other facts:

The United States is buying 32 metric tons of Iranian heavy water, a key component for one kind of nuclear reactor, The Associated Press reported.

The purpose of the transaction is to help Iran meet the terms of last year’s nuclear deal under which it agreed to curb its atomic program in exchange for billions of dollars in sanctions relief, according to the news agency.

The State and Energy departments said a sales agreement would be signed Friday in Vienna by officials from the six countries that negotiated the nuclear deal.

The agreement calls for the Energy Department’s Isotope Program to purchase the heavy water from a subsidiary of the UN atomic watchdog, for about $8.6 million, officials said. They added the heavy water will be stored at the Oak Ridge National Laboratory in Tennessee and then resold on the commercial market for research purposes. More here.

Another nefarious fact:

In late May, Russian Envoy to International Organizations Vladimir Voronkov said that Russian nuclear agency Rosatom was considering the possibility of buying Iranian heavy water.

“Steps are to be finalized for sale of 40 tons of heavy-water reactor to Russia and the deal will be signed in the very near future,” Salehi said, as quoted by the IRNA news agency.

According to Salehi, deputy head of the organization Behrouz Kamalvandi may in the near future visit Moscow to discuss concluding the issue with the Russian side. There is also an option that a Russian delegation will arrive in Iran, he said.

According to the nuclear deal agreed last year, Iran must store no more than 130 tons of heavy water during the first year after signing the agreement. More here.

*****

The footage, which could not be independently verified, shows images of large stacks of hard currency and features claims that the Obama administration sent this money over as part of an effort to free several U.S. hostages. The White House vehemently denied these claims this week following new reports about the cash exchange.

BBC Persian reporter Hadi Nili posted the footage on Twitter, describing it as showing the “pallets of cash” and quoting officials as saying “this was just part of the ‘expensive price’ to release Americans.” More here from FreeBeacon.

Could Trump have been right? Propaganda film suggests Iran DID videotape cash-drop plane and photograph shipment of cash during January prisoner swap

  • February documentary that aired on Iranian state-run TV shows nighttime flight, pallet of cash matching prisoner-swap scenario reported this week
  • Donald Trump claimed three times this week that he had seen similar footage and that Iran had filmed the cash transfer to embarrass America
  • He walked back that claim Friday morning, saying he had only seen archival footage of a different plane delivering hostages safely to Geneva
  • He may have been right without knowing it: Propaganda broadcast shows the images and boasts the deal was great for Iran but terrible for the U.S.

DailyMail: Iranian state-run media in Tehran did indeed videotape the arrival of a January 17 flight carrying $400 million in cash from the United States – and the money itself – judging from a documentary that aired the following month in the Islamic republic.

Republican presidential nominee Donald Trump has been in a firestorm of controversy since first claiming on Wednesday to have seen ‘secret’ footage of money being offloaded from an aircraft.

He admitted Friday morning on Twitter what his campaign had said more than a day earlier, that he had seen ordinary archival footage of a different plane, carrying American hostages freed from Iran arriving in Geneva Switzerland after the money changed hands.

But it turns out he may have been right without knowing it.

Iranian state television broadcast this image of a shipping pallet stacked with cash in February as part of a propaganda film framing a January U.S. prisoner swap as a victory for Tehran
Iranian state television broadcast this image of a shipping pallet stacked with cash in February as part of a propaganda film framing a January U.S. prisoner swap as a victory for Tehran
The documentary described this plane as arriving in the dead of night with the money, exactly the scenario that Donald Trump was criticized for describing three times this week
The documentary described this plane as arriving in the dead of night with the money, exactly the scenario that Donald Trump was criticized for describing three times this week

The Iranian video was aired February 15 on the state-run Islamic Republic of Iran Broadcasting television network, as part of a documentary called ‘Rules of the Game.’

A narrator, speaking in Persian, describes a money-for-hostages transaction over video clips of a plane on an airport tarmac in the dead of night and a photo of a giant shipping pallet stacked with what appear to be banknotes.

The federal government shipped what many are calling a ransom payment in Euros and other non-U.S. currencies.

The copy of the documentary footage DailyMail.com obtained is not of high enough quality to determine which nation’s banknotes are depicted.

None of the footage is stamped with a date or time, making it impossible to know when it was shot.

And the broadcaster blurred out one portion of the screen, covering up something resting on top of the mountain of money.

But the documentary begins with a narration saying: ‘In the early morning hours of January 17, 2016 at Mehrabad Airport, $400 million in cash was transported to Iran on an airplane.’

The film describes the Obama administration’s prisoner swap and Iran’s cash windfall from Tehran’s point of view as ‘a win-lose deal that benefits the Islamic Republic of Iran and hurts the United States,’ according to two English-language translations DailyMail.com obtained.

 

Trump fell on his sword Friday on Twitter, conceding that he was describing a different plan when he said there was footage of the cash drop – an assertion that turned out to be right

Trump fell on his sword Friday on Twitter, conceding that he was describing a different plan when he said there was footage of the cash drop – an assertion that turned out to be right

It outlines what Iran’s mullahs promoted at the time as a one-sided transaction loaded with perks for Tehran.

‘The Islamic republic made an expensive offer to the equation: the release of seven Iranian prisoners in the United States, $1.7 billion, and the lifting of sanctions against 16 Iranians who were prosecuted by the U.S. legal system with the unjust excuse of sanctions violations,’ the narrator intones.

‘But this was not all the Iranians’ demands. Lifting sanctions against Sepah Bank was added to Iran’s list. All of this, in return for the release of only four American citizens: a win-lose deal that benefits the Islamic Republic of Iran and hurts the United States.’

Among the four freed Americans were Washington Post journalist Jason Rezaian, pastor Saeed Abedini and U.S. Marine Amir Hekmati.

The Trump campaign did not immediately respond to a request for comment.

The White House was quick to insist on Thursday that the Obama administration had not paid for their release.

‘Let me be clear: The United States does not pay ransom, White House press secretary Josh Earnest said, questioning the motives of Republican who were ‘falsely accusing us of paying a ransom.

The propaganda film was shown a month after the January prisoner release in Iran but was unknown in the West until Friday. It described the swap as 'a win-lose deal that benefits the Islamic Republic of Iran and hurts the United States'

The propaganda film was shown a month after the January prisoner release in Iran but was unknown in the West until Friday. It described the swap as ‘a win-lose deal that benefits the Islamic Republic of Iran and hurts the United States’

Read more here from the DailyMail.