11 votes

Judge Nap: IRS nor their employees can be sued thanks to Congress

Just caught the end of the interview, Judge Nap was on Fox & Friends and dropped that bombshell. Said the only remedy is to relieve them from their duties - i.e., transfer to another government job.

Found this in IRS site - haven't read thoroughly nor have I verified it's the most current. Reading this crap gives me a headache, sorry.

Doctrine of Sovereign Immunity

1. The traditional rule is that the government or sovereign cannot be sued without its consent. This doctrine prevented citizens from bringing actions against the government to redress wrongs allegedly committed against them by the government.

2. The government retains sovereign immunity in order to protect the Treasury and its discretionary governmental functions.

3. Waiver of sovereign immunity and consent to be sued can only be granted by an act of Congress. In giving its consent, Congress may impose such conditions and restrictions as it deems proper. Schillinger v. United States, 155 U.S. 163 (1894).

http://www.irs.gov/irm/part5/irm_05-017-005.html

Comment viewing options

Select your preferred way to display the comments and click "Save settings" to activate your changes.

He might be wrong about that ...

... because government employees can CLAIM anything they want, but their claim does not mean they are right.

First off, there is 42 USC 1983:

"Every person who, under color of any statute, ordinance,
regulation, custom, or usage, of any State or Territory or the
District of Columbia, subjects, or causes to be subjected, any
citizen of the United States or other person within the
jurisdiction thereof to the deprivation of any rights, privileges,
or immunities secured by the Constitution and laws, shall be liable
to the party injured in an action at law, suit in equity, or other
proper proceeding for redress ..."

And then, there is the principle that there IS a right to privacy (though the courts say it is "limited"). Included in this right to privacy is family relations, which is one of the things IRS employees were demanding. Here is an article, which says ...

"The Supreme Court has ruled that there is a limited constitutional right of privacy based on a number of provisions in the Bill of Rights and subsequent amendments. This includes a right to privacy from government surveillance into an area where a person has a "reasonable expectation of privacy" and also in matters relating to marriage, procreation, contraception, family relationships, child rearing and education. However, records held by third parties such as financial records or telephone calling records are generally not protected unless a specific federal law applies. The court has also recognized a right of anonymity and the right of groups to not have to disclose their members' names to government agencies."

http://definitions.uslegal.com/i/invasion-of-privacy/

This is CLEARLY what certain individuals within the IRS were doing. Seems like there is a reasonable shot at suing the individuals REGARDLESS of any claims made by IRS or any laws passed by Congress (remember, an unconstitutional law passed by Congress is NULL AND VOID and DOES NOT EXIST).

I sure as hell would go for it.

The government has given consent to sue the IRS

Beneficial Features of Section 7433:

As you may recall, 26 U.S.C. § 7433(a) provides:

If, in connection with any collection of Federal tax with respect to a taxpayer, any officer or employee of the Internal Revenue Service recklessly or intentionally, or by reason of negligence, disregards any provision of this title, or any regulation promulgated under this title, such taxpayer[1] may bring a civil action for damages against the United States in a district court of the United States.

Huh...

I thought that the IRS could be sue up to $10,000 for wrongdoing and the employees of the IRS could be sued for more. Wish I had seen that interview. So in essence; these out of control thugs (IRS agents) are above the law like the politicians. I recall an article stating that many IRS agents are terribly behind on their taxes. Maybe they know something that the average American taxpayer doesn't know like the 16th Amendment was not properly ratified by the proper amount of states to be put into law.

"First they ignore you, then they laugh at you, then they attack you, then you win!"
GANDHI

"The belief is worthless if the fear of social and physical punishment overrides the belief."

Rand Paul's introducing a

Resolution today to fire ALL those involved.

Dunno. If it passes, and they are fired, then maybe a civil action can be brought for damages, say group them together in a class action since they are no longer govt employed?

Firing would be enough if they are also barred from govt. employment for life.

Rand should widen the net to include Benghazi, Fast and Furious, etc.

"If you want something you've never had before, you have to do something you've never done before." Debra Medina

Also include

that they lose their benefits. And, be sent to Guantanamo for acting like home grown terrorists.

. . . . . . _ . . . _ _ .
. _ . . _ _ . . . . _ _ . . . . . . . _ . . _ . .
. _ . . _ _ . . . . _ _ . . . . . . . _ . . _ . .

yep

Rand is awesome. RAND 2016!!

"Two things are infinite: the universe and human stupidity; and I'm not sure about the the universe."-- Albert Einstein

Huh...

I thought that the IRS can be sued for the wrongdoing up to $10,000 and the employees of the IRS could be sued even more.

"First they ignore you, then they laugh at you, then they attack you, then you win!"
GANDHI

"The belief is worthless if the fear of social and physical punishment overrides the belief."

Of course not

How could someone who works for the aristocracy be sued by someone from the proletariat? Could you imagine such a thing?!

False debt slaves have no rights ...

They have no rights according to those who proclaim themselves to be the debt slave masters. The slave of a slave is the worst position to be in on the plantation.

So a installed sold out puppet shill agrees to a loan of counterfit digital coupounding debt issue money, then the hidden owner of the counterfit bank corporation sends out his sold out collection minions. They cry out that I must pay this national debt or they will put me into a cage with a locked door from the outside as a prisioner.

This is pure slavery. False debt slavery.

sovereign

when the sov cit nutburgers wake up

...and stop dreaming of the romanticized libertarian past, they will realize that this sovereign immunity crap is part of the common law that we inherited from England. Oops.

"Two things are infinite: the universe and human stupidity; and I'm not sure about the the universe."-- Albert Einstein