Court finds IRS Actions Unconstitutional awards Attorneys Fees based on Bad Faith Enhancement"
AUSTIN Texas (Texas Insider Report) The True the Vote v. IRS lawsuit has finally come to a close with a stunning decision by U.S. District Court Judge Reggie Walton in favor of the True the Vote organization. Due to what was determined to be unconstitutional discrimination and unethical behavior by the IRS against the group the ruling penalizes the IRS with maximum attorneys fees in the case.
This ruling is a victory for all Americans" said Catherine Engelbrecht True the Votes founder.
Government cannot be allowed to run roughshod over the Constitutional rights of American citizens."
The decision marks the end of a nearly decade long battle which first began in 2010 as the Obama Administration weaponized various federal government agencies including the IRS DOJ FBI ATF & OSHA against both organization and its founder Catherine Engelbrecht.
Under the Obama Administration the agencies leveled a barrage of attacks which included 23 audits investigations and inquiries against the group in an attempt to stop their election integrity work.
As a result True the Vote brought suit against the IRS in 2013 seeking to prove that the agencys actions were unconstitutional.
According to Engelbrecht the ensuing fight cost close to $2 million dollars and nearly destroyed what she described as the only conservative voter rights organization in America.
Said Engelbrecht of the decision:
At the outset of this case I testified before Congress and swore that I would never retreat or surrender.
Today I have fulfilled that oath.
Thank you to all the citizens across the country who stood steadfastly beside us. We could not have done it without your support."
United States District Judge Reggie B. Walton signed a Consent Order that included the IRSs admission of wrongdoing and affirmed IRS prejudice on the basis of an applicants name association or political viewpoint is an unconstitutional violation of 1st Amendment rights.
Then in a stunning rebuke of the IRS actions that led to the litigation Judge Walton also ruled that True the Vote is entitled to a bad faith enhancement" to its requested attorneys fees.
Judge Waltons opinion held there is clear and convincing evidence necessary for a finding of bad faith on the part of the IRS" in their discrimination against True the Vote.
While the exact amount to be awarded is still pending True the Votes application under the Equal Access to Justice Act requested the recovery of $1.9 million in attorneys fees.
Following the decision True the Votes counsel James Bopp Jr. of The Bopp Law Firm said
The D.C. District Court rejected the DOJs argument that True the Vote did not win this litigation battle."
Bopp applauded Judge Waltons opinion saying it held not only that the IRSs actions were not substantially justified but were also rooted in bad faith.
The Courts judgment that True the Vote won this litigation coupled with its opinion that the IRS acted in bad faith should be a warning to bureaucrats that the U.S. Constitution protects everyone regardless of ideology" said Bopp.
Brock Akers of The Akers Firm Counsel for True the Vote says The conduct of the IRS and the government was nothing short of shocking. This ruling ought to reflect a collective sigh of relief from everyone that the judicial system really can be turned to for a just end to this nightmare. Check one in favor of Justice v. Swamp."
With this decade long battle now behind them Engelbrecht said the organization will now turn its effort to the 2020 election cycle partnering with Our Values a veterans rights organization founded by Benghazi hero Mark Oz" Geist.
The collaboration will focus on active and veteran military voter registration recruiting and training for volunteer service as poll workers and other get out the vote activities to mobilizing military and veteran families during the 2020 election.
