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The latest IRS scandal reviving past allegations now.
-- -- -- -- -- At the agency and even within the administration what -- you know the judge engine Apollo -- the Fox News senior judicial analyst and today the judge joins us.
From the nation's capital.
Washington DC a political IRS it is.
I don't know it's outrageous and inexcusable and all of these things but it also is something we've seen in the past.
It but absolutely is something we've seen in in the past -- that come -- they get good good morning to both and thanks for having me here.
Look FDR JFK.
Most famously Richard Nixon.
And now Barack Obama presidents of both parties have used the IRS.
To torment their enemies it's one of the reasons guys that the IRS has such toward -- discretionary authority it and it alone.
Whose tax returns are going to get audited.
Whose applications are exemption are going to receive a higher level of scrutiny that decision.
Is is acceptable and within hire a guy IRS guidelines and -- federal statutes.
If it's done for eight financial reason.
If it's done for a political reason.
Because they IRS thinks the White House doesn't like the message of the taxpayer.
Then obviously that's a violation of of the constitution.
But it's not a crime.
And no one in the IRS could be prosecuted for it in the IRS can't be sued for it.
Leaking information we don't have evidence of -- but we have some anecdotal.
Stories about it.
That a tax Payer or potential taxpayer provided to the IRS especially leaking it someone who wish is that taxpayer -- like a political adversary.
That would be criminal and that could form the basis for prosecution the question is can the Justice Department that the chief of which is.
Ultimately investigate the IRS the chief of which is ultimately Barack Obama.
Was thinking of leaks back and 2010 judge Austan Goolsbee you said chairman of the council -- economic advisors.
Made a statement about Coke industries not paying -- they paid no income taxes.
Private company that would not be public information.
And the White House insisted that there were there was going to be a follow the IRS promised to follow -- The information that was released and we never heard anything about it.
Well we -- could mr.
Goolsbee who at the time was a a senior level advice or a full time employee of the president of the United States.
Working in the west wing have gotten that information.
But from somebody at the IRS.
So would look it's it's it's pretty clear that you can't investigate yourself now are they're honest people on the IRS of course there are.
Are there people who follow the guidelines and the federal law absolutely I'm gonna suggest to you that most of them do.
But in a -- really -- politicized environment like this.
One where the president's -- to the wall on this and other scandals which have popped at the same time.
All of which have a common thread.
Do we really want to trust the department of political justice.
As bill sapphire used to refer to -- Carter Department of Justice that can we really trust the department of political justice to investigate one of itself.
Here's the common thread I suggest you.
The common thread is the government will do whatever it thinks it can get away with politically the government doesn't feel constrained by the constitution.
The government is concerned with that serving the ends of its political allies and frustrating the ends of its political adversaries.
That's not what you want in your tax collectors.
But we can't get everything from you that we want to -- made.
Always judge thank you gesture -- and happy well we'll see in a matter what I -- it's a delight to be done with both of you that our -- I'm handsome too -- -- and thanks to too much love in the room or rooms as I would gave her -- don't think so that I still think your cells there that can't thank you very much video on the forever remembered as -- -- -- -- -- -- the show thought.
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