Judge dismisses two Tea Party group suits against IRS
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Former Sen. Jim DeMint, R-S.C., was at the podium, accompanied by Sen. Rand Paul, R-Ky., left, when the tea party 'Continuing Revolution Rally' was photographed in 2011. (Evan Vucci, The Associated Press)
WASHINGTON - A federal judge Thursday dismissed two lawsuits by two Tea Party groups over what they said was extra IRS scrutiny over their applications for tax exempt status.
In throwing out one of the cases, filed by Linchpins of Libertyand 40 other groups, Washington D.C. District Court Judge Reggie Walton ruled that the IRS has offered assurances it is no longer subjecting Tea Party groups to special attention.
"Thus, the allegedly unconstitutional government conduct which has delayed the processing of the plaintiff's tax-exempt applications and spawned this litigation is no longer impacting the plaintiffs," Walton ruled.
Walton said the IRS approved the tax exempt application for one of the group's True the Vote on Sept. 26, 2013, making its case moot. The judge said he wasn't persuaded by True the Vote's argument that it could be audited later and "be singled out again for reasons unrelated to provisions of the Internal Revenue Code."
The judge also rejected monetary damages for True the Vote.
Walton ruled that two groups-- Patriots Educating Concerned Americans Now and the liberty Township Tea Party -- could pursue their litigation that the IRS had failed to meets its criteria of ruling on tax-exempt applications within 270 days.
Tea Party groups blasted Walton, an appointee of President George W. Bush, for his ruling.
"This ruling is offensive to every citizen who believes in equal treatment under the law," said FreedomWorks Executive Vice President Adam Brandon. "It doesn't matter when the IRS bullied conservative groups or if they stopped, the point is that it was done, and the IRS has to be held accountable. Today's decision was the legalization of federal bullying and unchecked discretionary authority, so long as agencies can play the waiting game long enough to correct their misdeeds."
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Judge dismisses two Tea Party group suits against IRS