The mischief is, the trial judge, Judge Emmet Sullivan, may have the IRS lawyers praying for the reincarnation of Judge John Sirica. They probably don't want to echo their boss's sentiment that they don't owe anyone an apology. Judge Sullivan it seems is a stickler for the rule of law. He is so much of a stickler that he threw out the conviction of the late Senator Ted Stevens, skewered the prosecution and appointed a special prosecutor to investigate the Justice Department.
“In nearly 25 years on the bench, I’ve never seen anything approaching the mishandling and misconduct that I’ve seen in this case. . . . When the government does not meet its obligations to turn over evidence, the system falters.”
Sullivan, who was first appointed to the Superior Court of the District of Columbia by Ronald Reagan is not Ivy League. He is a product of the Washington public school system, a graduate of Howard University and Howard Law School and damned proud to be.
One wonders if the IRS could have drawn a worse pick in the DC circuit. He is the only judge in the DC circuit who has a history of appointing special prosecutors to help the government sort out its messes. Again, July 10 could be a big day!
Update: Chris Farrell appeared on Justice with Judge Jeanine with fill-in host Kimberly Guilfoyle. He explained the challenge facing the IRS.