UPDATE: The initial story by Ralph Z. Hallow, chief political writer at The Washington Times, has been revised and greatly expanded at the same previous link:
http://www.washingtontimes.com/news/2015/jun/24/sen-rand-paul-sue-irs-us-treasury/
This is stop-the-presses news: Rand Paul has joined forces with Jim Bopp, Solomon Yue and Republicans Overseas and will be one of seven plaintiffs in the upcoming lawsuit against the IRS and the US Treasury Department. The suit will be filed by a new composite organization called Republicans Overseas Action.
Some crucial highlights:
Sen. Rand Paul to sue IRS, U.S. Treasury
Rand Paul is poised to become the first major presidential candidate in memory to sue the government he seeks to lead as president.
The Kentucky senator will take legal action against the U.S. Treasury and the Internal Revenue Service for what he says is the denial of his constitutional right to vote on more than 100 tax-information treaties that the Obama administration unilaterally negotiated with foreign governments, The Washington Times has learned.
In what the suit says is a violation of Article II, Section 2 of the Constitution, President Obama has not consulted the U.S. Senate about the treaties nor given the Senate an opportunity to approve or disapprove of the treaties. The administration calls them “intergovernmental agreements.” They require foreign banks to gather and share private financial information about millions of Americans living and working outside the U.S. — information they would not have to disclose to the U.S. government if they lived and worked in the U.S.
The treaties or agreements are the enforcement mechanisms of the Obama administration’s Foreign Account Tax Compliance Act (FATCA), enacted by a Democratic-controlled Congress in 2010.
The act is despised by many of the estimated 8.7 million Americans living overseas, a record number of whom have — with great anger and reluctance, according to those who have spoken to the foreign and U.S. press — renounced their U.S. citizenship rather than attempt to comply with FATCA.
Mr. Paul, a Republican who announced his presidential bid in early April, will join six other plaintiffs in the suit that a new organization called “Republicans Overseas Action” expects to file in a southern Ohio federal district court the week of June 29. The court’s Republican makeup is considered at least open to the constitutional arguments that the plaintiffs lay out.
The other plaintiffs in the suit Mr. Paul has joined say they have been denied banking and financial services in the foreign countries where they live and work. The foreign banks don’t want to be burdened with the expense and paperwork to comply with FATCA and therefore simply refuse to accept Americans as clients.
The Republican National Committee and the recently formed Republican Overseas Action aim to get as many of those Americans living or working outside their country to register in one or another of the swing states that decide the presidency in close elections. Republicans Overseas Action is paying for the lawsuit Mr. Paul has joined as plaintiff.
The driving force behind the suit is a longtime conservative activist on the Republican National Committee, Solomon Yue of Oregon.
“The best way to defend 8.7 million overseas Americans’ right to privacy and constitutional protections is to cripple the IRS, FATCA and enforcement tools through legal action on constitutional grounds all the way to the U.S. Supreme Court,” said Mr. Yue, founder and vice chairman of Republicans Overseas Action Inc
For reference, here was our initial coverage today:
A very significant announcement from Rand Paul today, as reported by The Washington Times:
Sen. Rand Paul to sue IRS, U.S. Treasury
Kentucky Sen. Rand Paul will sue the U.S. Treasury and the Internal Revenue Service for denying his constitutional right to vote on treaties that the Obama administration unilaterally negotiated with dozens of foreign governments, The Washington Times has learned.
The treaties, which the administration calls “intergovernmental agreements,” require foreign banks to gather and share private financial information about millions of Americans living and working outside the U.S. – information they would not have to disclose to the U.S. government if they lived and worked in the U.S.
Photo credit: Associated Press
Polly,
At least he’s being ambiguous, rather than actively hostile.
@foo @polly
True however Grassley does not sound straight forward on the matter at all. He should be told that he needs to come clearly on the mater and publicly if he expects to get any support. He needs to state publicly that he will seek legislation to overturn FATCA FBAR and CBT. The wishy washy if and maybe stuff does not cut it.
@foo @polly
Grassley also needs to state that he supports and signs onto the efforts by Rand Paul to end this stuff.
@nervousinvestor,
I agree, hold his feet to the fire. I’m just surprised that someone who has spent decades actively trying to make our lives more difficult has now come as far as to say, “I hear your pain — though I don’t promise to do anything about it.” That is actually a big step for him, relative to his history so far.
@foo
Basic political double talk…. I hear your problem but I don’t give a crap… is the correct translation of the email… Now take a button & make sure u vote for me… I am the man for the job…
Sorry… I have become very realistic in how I view anything political…. I never was before… Talk is cheap… action is worth a thousand words…
Grassley tried to repeal the FEIE back in 2003 or 2004.
He has a lot of work to do to redeem himself.
@Duke of Devon
monalisa1776 says
July 5, 2015 at 2:47 pm
@Barbara, I share your fear and am concerned that Hillary might even try to pass legislation that could retroactively punish even former citizens. With Fatca, who’s to say they might not try to reimpose US personhood, and renewed tax citizenship. It would completely ruin my financial planning…but to them, we are loathsome apostates.
Duke of Devon
Mona. Shake off your fear. You are free.
Not if she is US born, as pointed out below.
MuzzledNoMore says
June 29, 2015 at 11:43 am
Jan, you are so right: “they’ll err on the side of deeming any US birthplace as proof of being a ‘US person’, even if the person has lawfully renounced citizenship (with or without the CLN card).”
On the RBC Direct Investing application form there is the birthplace question but *no* question regarding whether or not one has a CLN. Nothing. So, if you write down “United States” you’re screwed. Period. You’ve just given the bank absolute proof of your “US Personhood”. I feel sick for those who don’t yet know what’s going on and who will unwittingly be handing their banks the weapon that will be used to compromise their financial lives. My blood boils!
Latest update. The lawsuit will be filed on July 14 if this is to be believed:
https://www.facebook.com/republicansoverseas/posts/403732039810597?fref=nf
If true, it will be a happy Bastille Day. Off with the senators who voted for FATCA’s heads!
Any updates as to whether this is happening today? It is getting close to the close of business.
Dash,
See: http://isaacbrocksociety.ca/media-and-blog-articles-open-for-comments-part-2-of-2/comment-page-16/#comment-6292968. Best information so far regarding any news.
https://www.facebook.com/republicansoverseas/posts/404976333019501
Republicans Overseas Action just filed FATCA/FBAR Complaint and Motion for preliminary injunction against Obama regime and the IRS with eight counts constitutional violations in the U.S. District Court for the Southern District of Ohio at Dayton on behalf of 8.7 million overseas Americans. In addition, we want the federal court to stop Obama’s IRS by immediately issuing a preliminary injunction that will protect Americans overseas from FATCA and FBAR until a trial can be held by the court. Please see ROA Press Release, Ten Detailed Points, and Description of Each Plaintiff below.
I like the “immediate injunction” part and the fact that they thought of the stateside green card holders in the press release.
Left this message at DA:
@Deckard, the DA Safe Harbour is a sugar pill a placebo. Its designed to make you feel better but not cure anything.
To even propose a placebo in the age of the internet is insulting, absolutely insulting. This is not 1990 anymore.
http://www.forbes.com/sites/taxanalysts/2015/09/16/litigating-fatca-rand-paul-and-financial-privacy/
Sep 16, 2015 @ 10:36 AM 280 views
Litigating FATCA: Rand Paul And Financial Privacy
Robert Goulder
Good luck to the suit. We need to roll back the predatory state, and safeguard liberty. But how is it going?