WHAT'S IN YOUR WALLET? THE IRS KNOWS; THE FUTURE OF ADMINISTRATIVE LAW JUDGES

In this episode, Mark interviews NCLA Litigation Counsel, Caleb Kruckenberg about our lawsuit against the IRS for acquiring the unbridled power to demand and seize Americans’ private financial information from third parties without any judicial process in defiance of the Fourth and Fifth Amendments and statutory protections.

NCLA represents Mr. James Harper in his case against the agency before the United States District Court for the District of New Hampshire. Mr. Harper’s “crime”? Holding a bitcoin wallet.

The IRS somehow obtained Mr. Harper’s records without a valid subpoena, court order, or judicial warrant based on probable cause. The Fourth Amendment to the U.S. Constitution protects “the right of the people to be secure in their … papers … against unreasonable searches and seizures.”

In this case, the IRS violated the Fourth Amendment by issuing an informal demand for Mr. Harper’s financial records from a third party even though it lacked any particularized suspicion that he had violated any law.

Read more about this case here: https://nclalegal.org/james-harper-v-...​

Later in the show, Mark and Vec discuss our amicus brief in United States v. Arthrex. NCLA is asking the U.S. Supreme Court to let Congress fix the Appointments Clause defect in administrative patent judges.

At issue in the consolidated set of cases is whether administrative patent judges (APJs) can be appointed by the U.S. Secretary of Commerce or whether the Constitution requires the President to appoint these judges and the Senate to confirm them.

Read more about this case here:

https://nclalegal.org/2020/12/ncla-asks-us-supreme-ct-to-let-congress-fix-appointments-clause-defect-in-admin-patent-judges/