Awarding Plaintiffs, pursuant to 26 U.S.C. § 7431(c)(1), the greater of either $1,000 in damages for each unauthorized disclosure of their tax return information, including each subsequent disclosure by third parties, including by the New York Times, ProPublica, and by many additional print, broadcast, cable, social media and other platforms, which amounts to at least $10,000,000,000.00, see Diamond Article, supra, or the actual damages sustained by Plaintiffs and all related entities, including each of the 418 Trump Organization-affiliated entities that received notices from the IRS, which also amounts to at least $10,000,000,000.00.
Under the theory of the unitary executive, the President can’t be prosecuted by units of the Executive Branch. So the President should be unable to sue any agency of the executive branch, on the grounds that he’s suing himself. There have to be two distinct parties for a lawsuit.
Interesting point! Does this also imply that – since the President is responsible for all agencies of the executive branch – the President is fully empowered to fire any agency employee at any time for any reason, rescind agency policies, transfer agencies to Fairbanks Alaska, etc … and no mere judge is empowered to stop him?
Maybe suing the IRS is a step towards defanging our out-of-control judiciary? Will the Usual Suspects fall into the trap?