In a precendent-setting case, the IRS wielded new power to punish the political speech of those who "espouse views" the government considers "inconsistent" with government-held beliefs. In a hearing originally closed to the public in a secret tribunal on a military island, but moved to a public location after protests from the press and the public, the IRS wants to wield this power against a former IRS whistleblower, who was forced to resign upon his discovery of fraud in the agency. The IRS claims it can exercise this authority in a secret proceeding without allowing a person the opportunity to cure any alleged mistakes, the opportunity to prepare a defense by knowing the exact facts they are accused of, without any opportunity for discovery, without any opportunity to call witnesses necessary for their defense, without any opportunity to cross examine their accusers, without any opportunity to testify at their own hearing about the merits of their position, without being forced to testify against themselves without such an assertion being held against them, and without even an opportunity for a hearing on the evidence. This power of this little office with a Napoleonic vision goes even beyond the Patriot Act type authority and stories of FBI monitoring of war protestors.

Too Hoover-ish to be true in modern America? Just read the case of the IRS against Joe Banister scheduled for a "hearing" -- a hearing where the IRs prohibited Banister from introducing any witnesses or presenting any evidence as to his defenses, and even discussing the sincerity, the truth or the "reasonableness" of his positions -- on December 1 in the city by the bay, in the Tax Court chambers of the federal courthouse in San Francisco. History is being made.

http://www.sianews.com/modules.php?name=News&file=article&sid=1414


Source:
Aftermath News
Top Stories - August 26th, 2004