17 lawyers argue over IRS suit

• Federal judge to decide if lawsuit filed by Tea Party groups against IRS should continue.
• Plaintiff lawyer says groups are suing for wrong done nationwide.

A battle of lawyers unfolded Monday in the tea party-IRS scandal in a federal courtroom in downtown Cincinnati.

Seventeen lawyers representing several pools of people – including tea party members, the IRS and local agency employees – went head-to-head in a hearing to decide if various components of a high-profile lawsuit will move forward.

"This case should be over now," said Grover Hartt, a Justice Department lawyer who represents the IRS.

Whether Hartt's wish will be granted is to be decided by U.S. District Court Judge Susan Dlott, who asked lawyers to sit in assigned seats to help her keep straight the impressive roll call. After hearing both sides for three hours, Dlott said she'd rule "as soon as possible."

The lawsuit was filed last year after allegations surfaced that IRS employees in Cincinnati improperly flagged and held up applications for tax-exempt status by tea party-affiliated groups. The suit states that the IRS and its agents "singled out groups ... for intensive and intrusive scrutiny, probing their members' associates, speech, activities, and beliefs."

The tea party groups and their members suffered years of delay and expense, the suit alleges. "The result was a muffling and muzzling of free expression," it states.

Twelve of the 17 lawyers on Monday represent defendants who are asking that the case be dismissed. They argue that the U.S. has not waived its sovereign immunity for the plaintiff organizations and that the tea party groups lack standing to raise the claims.

Last year, the IRS revealed that it had selected political groups applying for tax-exempt status for intensive scrutiny based on their names or political themes. While some of the groups targeted were liberal, such as some Occupy-related groups, most were conservative. The revelation has led to several investigations, including a FBI criminal probe.

Eddie Greim, who represents tea party plaintiffs in the federal lawsuit, said his clients were wrongly targeted and had their First Amendment and Fifth Amendment right violated. "We're trying to address a wrong that happened nationwide," he said Monday.

The hearing didn't address the "what happeneds" of the allegations but rather focused entirely on whether Greim's case should proceed.

"They're suing our guys for doing paperwork," said Pierre Bergeron, who represents local IRS workers. He added that, if the workers are held liable for doing their jobs, "You'll never get anyone to work for the IRS."