RUH-ROH… “RICO” I.R.S. Charges?

Whoa… I’ve been checking and checking and checking, several times a day, since Friday when the latest IRS missing emails news-dump took place and BOOM! Was it worth the wait!!!!!! The New York Observer‘s Sydney Powell, who before I started following the I.R.S scandal, I had never heard of, has emerged, in my humble opinion, as head & shoulders, far, far above all others, the singularly most thoughtful, knowledgeable, thorough chronicler-analyst on this massive abuse of power. Here is her latest, in full.

Will Orange Be the New Black for IRS Chief Lois Lerner?

Lois Lerner (Photo by BRENDAN SMIALOWSKI/AFP/Getty Images)The IRS claims that more computers belonging to Lois Lerner’s colleagues crashed. (Photo by BRENDAN SMIALOWSKI/AFP/Getty Images)

Late last Friday afternoon, in a blatant “late news dump” to avoid making headlines about the Internal Revenue’s witch hunt against conservative non-profits, the IRS disclosed to Congress that five more of the IRS computers containing relevant records had mysteriously crashed. Those computers belonged to colleagues of Lois Lerner, whose conduct is at the center of the investigation.

Perhaps there is some strange computer virus that selectively trashes records inconvenient to incumbents, like the “glitch” that erased part of Nixon’s tapes. How else to explain the fact that this is the fourth announcement of an ever-expanding computer calamity connected to Lois Lerner to emerge from the IRS?  First it was just Lerner’s computer that was affected, then those of her closest co-conspirators, then “no more than twenty” computers, and now an ever larger batch of burned out workstations.

Even more interesting, the IRS has apparently not yet shared this newest tidbit with Judge Emmet G. Sullivan, the distinguished and courageous jurist presiding overJudicial Watch’s Freedom of Information Act lawsuit. Judge Sullivan has made the most progress so far in uncovering the conspiracy among Lerner and friends to target, harass and illegally obtain information from conservative non-profit organizations to benefit Mr. Obama’s reelection campaign—for which the law firm of Ms. Lerner’s husband, Michael Miles, also hosted a voter registration event.

Tom Fitton, President of Judicial Watch, told the Observer: “The belated admission of more supposed missing IRS evidence shows this Obama administration is absolutely contemptuous of Judge Sullivan.  Judicial Watch lawyers are preparing to ask the court this week for relief in light of the Obama administration’s continuing efforts to thwart Judge Sullivan’s orders. In the least, we plan to request discovery to get past this Nixonian obstruction.”

Some of the IRS emails, which miraculously survived long enough to be produced, expose that Ms. Lerner and her comrades also corruptly requested donor information from conservative charities for a “secret research project.” The IRS has also admitted illegallyusing and disclosing that information.

We broke the news last week that Lerner and the IRS wiped and destroyed her Blackberry and all its content even after the congressional investigation began. The IRS reluctantly disclosed that information only becauseJudge Emmet G. Sullivan didn’t accept the carefully crafted declarations in the agency’s first response. As we predicted—and thankfully for the American public—he pushed for more information. He required the IRS to submit additional declarations, answering even more specific questions. Had he not done so, we wouldn’t know Lerner and the IRS also destroyed her Blackberry. The IRS did not make any mention of her Blackberry in any of its many prior filings—much less in its initial sworn declarations.

We have no report yet from the Treasury Inspector General, and at the rate the IRS officials keep proving it’s own prior testimony perjurious or wrong, it’s an ever moving target. Indeed, according to the AP, “J. Russell George, the Treasury inspector general for tax administration, said his investigation is ongoing, with facts ‘still coming to light.’”

While the agency continues to blame “computer crashes” for the now more than 20 people whose emails are “missing,” no IRS official has yet to identify when or how each computer crashed—much less why. We know Lois Lerner’s hard drive, which was “scratched” only a matter of days after receiving a letter from Congress requesting her emails. The IRS then destroyed it. The IRS followed a year later with the destruction of her unimpaired Blackberry containing emails for the same period. As we reported first, it made no effort whatsoever to obtain information from the Blackberry—despite being well into the Congressional inquiry. That is obstruction of justice and destruction of evidence—worse than the conduct for which Leslie Caldwell, now head of the Criminal Division of the Department of Justice, destroyed Arthur Andersen LLP and its 85,000 jobs.

Any number of federal criminal statutes might apply to these facts, including Title 18 of the United States Code, Section 1505—Obstruction of proceedings before department, agencies and committees; and Section 1519—Destruction, alteration, or falsification of records in Federal investigations. Section 1505 is also a predicate offense for the federal Racketeering Statute, Section 1961, which provides that a “pattern of racketeering activity” can be proved by committing two predicate acts. These statutes are punishable by terms of imprisonment varying from five to twenty years.

While Lois Lerner and her husband vacationed in Nantucket, Judge Sullivan gaveMagistrate Judge Facciola until September 20 to “assist the parties” in finding the emails from other sources. The IRS has admitted there is a massive back-up of all federal emails, but prefers to continue to obstruct justice rather than go to the trouble of finding the emails. I wouldn’t want to be the Department of Justice lawyer making thatargument to Judge Emmet Sullivan.

When Judicial Watch asks for more discovery, Judge Sullivan could order the IRS to go to the back-up data immediately. He could also have a third party retrieve the information from the servers. The IRS has no credibility.

So yet again, the IRS simply creates more questions and at least five more reasons for Judge Sullivan to name a special prosecutor. When did each of the now more than 20 computer crashes occur—by date and time? How could that possibly happen? Why did the IRS prematurely cancel its longstanding contract for backup? Why did it take this long to find out that 5 more had “crashed?” Where is the Blackberry or other device for each of the persons whose computer crashed? What servers are implicated? Whose resignations are forthcoming? Why is Koskinen still there? Who is on Emmet Sullivan’s short list to be the special prosecutor?

Evidence is mounting by the day that Lois Lerner and her co-conspirators abused the power of the sovereign, violated the trust of the people, lied to Congress, destroyed documents and evidence of their wrongdoing, and violated multiple criminal statutes.

With the revelations of this last week, Lois Lerner and the IRS might as well be sitting on a ticking bomb . . . and it’s about to explode.

Sidney Powell worked in the Department of Justice for 10 years and was lead counsel in more than 500 federal appeals. She served nine U.S. Attorneys from both political parties and is the author of Licensed to Lie: Exposing Corruption in the Department of Justice.

The Chicago Way.gov

From an October 10th American Thinker article Is Obama’s Shutdown War on Private Business Illegal Racketeering? a wonderful question: Is this Mafia by government? Can we get them on RICO? Wasn’t Al Capone nailed on something small? (I forget what it was. I believe it was tax evasion.) Remember the Tom Cruise movie based on the John Grisham book “The Firm” in which they got justice on the group of thugging murdering lawyers via (literally) putting a stamp on fraud? Could it be this (relatively speaking) easy? Could it be their hubris finally caused them to overreach so egregiously that a case can be made to haul this crew across the south lawn in handcuffs? Oh, what a delicious thought. After all, in case you missed it, they actually closed the ocean!  Furloughed God! Evicted an elderly couple from the home they’d lived in for over 40 years!  This is unconscionable.  If Mitt Romney gave big business a one year waiver and the launch for individuals were this disastrous, and those individuals faced tax penalties for not being able to sign up for insanely expensive insurance on a computer system the federal government can’t open, the main stream media and every Democrat on the Hill would be screaming.

But Obama’s a good progressive.

And black.

So his intentions are good.

So, eh.

I’ve excerpted the article below, but I heartily recommend a trip over to American Thinker to read the entire thing (and to make A.T. a daily stop. Wonderful writing. Every day.)

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Is Obama’s Shutdown War on Private Business Illegal Racketeering?
By Jonathon Moseley

Has President Barack Obama violated the Racketeer Influence and Corrupt Organizations (“RICO”) Act with his hardball tactics over the government shutdown, to extort taxpayer funds?

“We’ve been told to make life as difficult for people as we can,” an angry National Park Service ranger told Washington Times columnist Wesley Pruden.  “It’s disgusting”  The park ranger indicated that there is a political motive behind the closure of the open-air memorials.

The Park Service went out of its way to prevent tourists from taking photographs of Mt. Rushmore… The Park Service is actively blockading tourists from simply stopping along the public road to take a photograph… Government websites cost nothing to leave in place.  Yet the government spent extra money to turn websites off.  Mt. Vernon is privately funded and operated, on private land, using no federal funds.  Yet the Park Service barricaded (bus access)…  A senior administration official coldly told the Wall Street Journal: “We are winning. … It doesn’t really matter to us” how long the shutdown lasts…

In real estate law, a tenant has legal “possession” and control of land under a lease.  When private businesses lease federal land, the U.S. government has no authority to interfere with “quiet enjoyment.”  The legal meaning of a lease is that the owner gives up occupancy, possession, and control of land for money.  As long as a tenant pays rent and complies with the agreement, a landlord has no legal right to suspend the tenant’s use of property.

For over a week, private inns and businesses along the Blue Ridge Parkway have been barricaded by armed park rangers from the National Park Service, blocking entrances with their police cruisers… The National Park Service’s actions are completely illegal… Adding to the farce, the Blue Ridge Parkway itself is open, but many businesses along it have been forcibly closed… In Philadelphia, NBC 10 reports that the City Tavern restaurant was ordered to close, since it sits inside Independence National Historical Park…

In Nevada, Joyce Spencer, 77, and her husband Ralph, 80, were kicked out of their home.  The couple has owned the home since the 1970s, under a lease of federal land.  They were given 24 hours to get out.

The U.S. government is actually trespassing by interfering with tenants on federal land.  The U.S. Supreme Court has found an unconstitutional “taking” in violation of the Fifth Amendment when the government stops a tenant from using leased land (United States v. General Motors Corp, 323 U.S. 373 [1945]).  Also, a temporary interruption in the use of real estate can be a taking (First English Evangelical Lutheran Church v. County of Los Angeles, 482 U.S. 304 [1987]).  The government is also guilty of tortuous interference with business expectancy and liable to pay for all losses.

Meanwhile, the Obama administration has ordered 1,100 square miles of the ocean closed… (!)…

The Obama administration’s actions are illegal… No authority exists for the government to stop licensed captains from sailing, even with paying passengers.  Senior Chief Geoff Ross (U.S. Navy, Ret.) is calling for boat captains to break the blockade.

Clearly, this is blackmail.  This is a naked shakedown.  Individuals within the administration, acting “under the color of law,” are causing unnecessary economic harm, damage, and pain and are intentionally and maliciously harassing and interfering with businesses, tenants, and the general public.  The purpose is to obtain taxpayer money from Congress by extortion for Obama’s favored projects and people.

U.S. Supreme Court precedents are clear: a RICO violation includes any type of threats of economic harm in order to gain by coercion money or any financial advantage or benefit.  A RICO violation occurs when an “enterprise” operates, through a pattern of two or more predicate acts, to gain any type of benefit, money, or advantage…

If we do not aggressively challenge this lawlessness and series of abuses, the dream that was America will surely slip into the night.  The U.S. House of Representatives is investigating.  They should also impeach from office the Director of the National Park Service.

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