Skip to content

Get Judicial Watch Updates!

DONATE

Judicial Watch • NorCal Tea Party v IRS JW amicus reply 00341

NorCal Tea Party v IRS JW amicus reply 00341

NorCal Tea Party v IRS JW amicus reply 00341

Page 1: NorCal Tea Party v IRS JW amicus reply 00341

Category:

Number of Pages:4

Date Created:January 19, 2018

Date Uploaded to the Library:January 19, 2018

Tags:Chumley, Tea, 00341, NorCal, Curiae, PAGEID, Reply, Lois Lerner, PARTY, Revenue, Amicus, Michigan, Plaintiffs, motion, Lerner, service, filed, FBI, FOIA, IRS


File Scanned for Malware

Donate now to keep these documents public!


See Generated Text   ∨

Autogenerated text from PDF

Case: 1:13-cv-00341-MRB Doc 412 Filed: 01/17/18 Page: PAGEID 19169 THE UNITED STATES DISTRICT COURT FOR THE
SOUTHERN DISTRICT OHIO, WESTERN DIVISION
NORCAL TEA PARTY PATRIOTS, al. BEHALF THEMSELVES,
THEIR MEMBERS, and THE CLASS
THEY REPRESENT
Plaintiffs,
The Internal Revenue Service, al.
Defendants.
Case No. 1:13-cv-00341
Judge Michael Barrett
JUDICIAL WATCH, INC. REPLY SUPPORT
ITS MOTION FOR LEAVE FILE AMICUS CURIAE
BRIEF SUPPORTING PLAINTIFFS REQUEST UNSEAL
THE DEPOSITIONS LOIS LERNER AND HOLLY PAZ
Judicial Watch, Inc. Judicial Watch through undersigned counsel, respectfully
submits this reply support its motion for leave file amicus curiae brief supporting
Plaintiffs request unseal the depositions Lois Lerner and Holly Paz. (ECF No. 407). its
opening brief, Judicial Watch established, among other things, (1) that has strong interest
this case because the Court ruling may directly impact the release 515 relevant documents
Judicial Watch seeking pending Freedom Information Act FOIA lawsuit has
against the Internal Revenue Service IRS the U.S. District Court for the District
Columbia and (2) that has unique perspective and knowledge about the ongoing investigation
and public interest the IRS targeting conservative organizations seeking tax-exempt status.
See Judicial Watch, Inc. IRS, Case No. 13-1559 (D.D.C.) (EGS) (filed Oct. 2013); See also
Judicial Watch Motion for Leave File Amicus Curiae Brief (ECF No. 407)
(list lawsuits Judicial Watch initiated against the IRS and other government agencies part
Case: 1:13-cv-00341-MRB Doc 412 Filed: 01/17/18 Page: PAGEID 19170
its investigation into the IRS targeting conservative organizations seeking not-for-profit
status). Unable meaningfully dispute these core contentions, Ms. Lerner and Ms. Paz
unpersuasively oppose Judicial Watch motion.
First, Ms. Paz and Ms. Lerner argue that Judicial Watch proposed amicus curiae brief
should not accepted the Court because Judicial Watch relies legal opinions already cited Plaintiffs their opening briefs. See Opposition Judicial Watch Inc. Motion for Leave
File Amicus Curiae Brief (ECF NO. 411) Lerner and Paz Opp. This assertion
patently wrong. Judicial Watch specifically addresses the legal argument for disclosure based
the government misconduct exception under FOIA, which was not discussed any the
Plaintiffs non-parties.
Second, Ms. Paz and Ms. Lerner dismiss Judicial Watch specific and unique interest
the outcome this case the basis that Plaintiffs have advanced the same argument that the
public has right know. See Lerner and Paz Opp. While Plaintiffs and Judicial
Watch interests may aligned along the same argument that the public has right know,
Judicial Watch unique position not-for-profit, educational organization, who has led the
charge investigating the IRS treatment organizations seeking not-for-profit status based
conservative sounding names, not denied disputed Ms. Lerner Ms. Paz. See Judicial
Watch Mot. pp. 2-6 (ECF No. 407); See Lerner and Paz Opp Judicial Watch has
uncovered 41,100 pages records relevant the IRS targeting, some which have led the
discovery IRS collusion with the FBI about prosecution such groups, discussions among
IRS leadership about secret research project and the revelation that thousands Ms. Lerner
emails were destroyed the IRS during the pendency Judicial Watch lawsuit and other
investigations. See Judicial Watch Mot. Judicial Watch, Inc. IRS, Case No. 13-1559
Case: 1:13-cv-00341-MRB Doc 412 Filed: 01/17/18 Page: PAGEID 19171
(D.D.C.) (EGS), Nov. 17, 2017 Joint Status Report, 2-4. Judicial Watch interest this case
reaches beyond the specific interest the injured plaintiff litigants this class action. seeks uncover all relevant, not privileged, information, including the depositions Ms. Lerner and
Ms. Paz and their emails, about IRS targeting conservative organizations. Judicial Watch
seeks advance government accountability, transparency and the rule law.
The Court has wide discretion permit Judicial Watch, Inc. Judicial Watch
participate amicus curie this pending litigation. U.S. City Columbus, 2000 U.S.
Dist. LEXIS 23689 (S.D. Ohio Nov. 20, 2000); Michigan State AFL-CIO Miller, 103
F.3d 1240, 1245 (6th Cir. 1997), United States Michigan, 940 F.2d 143, 165 (6th Cir. 1991). Ms. Lerner and Ms. Paz concede their opposition, courts are more inclined permit
amicus curiae submit brief when has direct interest another case that may
materially affected decision this case. See Lerner and Paz Opp. quoting Voices
for Choices Ill Bell Tel. Co., 339 F.3d 542, 545 (7th Cir. 2002). Judicial Watch has direct
interest the outcome this lawsuit and for all the reasons set forth herein, and all the
reasons set forth Judicial Watch opening brief, the Court should permit Judicial Watch
submit its amicus curiae brief.
Dated: January 17, 2018
Respectfully submitted,
/s/ Mark Chumley
Mark Chumley
Keating Muething Klekamp PLL
One East Fourth Street, Suite 1400
Cincinnati, Ohio 45202
Tel: (513) 579-6400
Fax: (513) 579-6457
mchumley@kmklaw.com
Case: 1:13-cv-00341-MRB Doc 412 Filed: 01/17/18 Page: PAGEID 19172 Counsel:
Ramona Cotca
JUDICIAL WATCH, INC.
D.C. Bar No. 501159
425 Third Street, SW, Suite 800
Washington, D.C. 20204
Tel: (202) 646-5172, ext. 328
rcotca@judicialwatch.org
Attorneys for Proposed Amicus Judicial
Watch
CERTIFICATE SERVICE hereby certify that the 17th day January, 2018, electronically filed the foregoing
with the Clerk Court using the CM/ECF system. Notice this filing will sent counsel record operation the Court electronic filing system. Parties may access this filing
through the Court system.
/s/ Mark Chumley
Mark Chumley
8141487.1