The NFL and the Nature of Large Organizations

By now, everyone has seen the horrible video footage of Ray Rice knocking his then fiancee (now wife) out cold in an elevator during an argument. It's an absolutely horrible thing to watch.

The big story now is not the domestic violence itself, but rather, how the NFL handled the issue. Originally, the NFL suspended Rice for two games. Now, after the release of this video, the Ravens have cut (fired) Rice, and his football career is all but over - permanently.

Of course, there are now all sorts of stories with the point of The NFL Knew About Ray Rice....And Did Nothing!

This morning, I was watching knuckle-head Joe Scarborough and company talk about how large organizations (like the NFL) always cover up bad things, and how horrible that is. You're going to see these stories everywhere. People are going to pile on the NFL and condemn the NFL for essentially sweeping this all under the rug, circling the wagons, and trying to cover up a horrible event. You're going to see stories about how private entities are only self-interested! Eleventy! For the most part, all that's true, but you know what?

The NFL covering up a player beating his fiancee pales in comparison to all of the things that the Obama Administration has done over the past six years and covered up...and no one gives a damn about it. Yeah, this is kind of politicizing sports, but who cares? I'm pointing out all the hypocrisies in our country.

Everyone is upset about Ray Rice. You know what I'm still upset about? Susan Rice going on national television and blaming a terror attack on a YouTube video. Do any of these people shrieking about the NFL give a damn about that? Nope. It's just laughable that so many people get worked up about the NFL, but they can't seem to muster any outrage when a government official comes on television and just lies to us like we're stupid little children. But that's what happens in politics. People just overlook things like that nowadays, because they don't want "their team" to look bad.

Don't get me wrong. I'm not sticking up for the NFL or Ray Rice. They both deserve shame, but you know who else does? Your President who covers up everything. How can you care about one and not the other? It's wildly inconsistent.

The IRS was used to target conservative organizations in an effort to squash one side of a political point of view, and then all the e-mails from everyone are just magically gone? Yeah, nothing to see there folks. Zero outrage. No big deal. People who get subpoenaed in a Congressional investigation just happen to delete all the evidence of their conspiracy and....crickets. The VA puts veterans on secret waiting lists and then covers up their own cheating? Eh, just give them some more money.

Once again, leftists see large private organizations like the NFL as self-interested and willing to cover up problems that should see the light of day. And they're not totally wrong. They're right to be skeptical. However, their distrust of skepticism of people's motives completely disappears when applied to government organizations, because apparently, everyone just magically becomes an angel with completely altruistic motives when they work for the government.

Right.

So before you tell me how large organizations like the NFL circle the wagons to avoid bad publicity, and before you tell me how horrible that is, tell me how upset you are about your own government doing the same damn thing.

Otherwise, you're a hypocrite and hack.

$4.4 Billion Just Isn't Enough Money, You Guys

I mean, what can you even get for $4.4 Billion these days, anyway?

A review of IRS spending by the Free Beacon shows the agency has spent a massive amount on what it labeled as IT/software and data processing contracts in the past five fiscal years. The official government’s spending website shows the IRS spent $4.4 billion during this time period.

You can't really expect the IRS to run an IT system that preserves e-mails on that kind of shoestring budget, can you?

IRS delenda est.

IRS: We've "lost" more of the e-mails that you've asked us about. Totes Sorry!

If you didn't already know, the IRS has stated that they "lost" about two years worth of Lois Lerner's e-mails that the House of Representatives had subpoenaed. Because her computer "crashed".

Oops. We all make mistakes!

I mean, it's impossible that any sort of backup or retrieval could happen. I mean, computers are just magical things that no one really understands. Sometimes bad stuff just happens, right? I know, it's convenient that it just so happens these were e-mails that would possibly prove a criminal conspiracy, but I guess anything's possible, right?

Well, it just so happens that the IRS has now claimed that six more employees who were the target of a Congressional inquiry have all lost their e-mail as well - all in computer crashes. Essentially, they've lost another submarine.

This is simply not plausible. It's not plausible that seven different people, who all happened to be under investigation, all lost their e-mail in the same way, and there's no way to retrieve the e-mails.

We lawyers have a word for this. When you destroy or lose evidence in a civil case, it's called "spoliation". If you lose or destroy evidence, the trial court takes a negative inference against you, and then you lose the darn case. In my practice, I've had trial courts hold opposing parties accountable for destroyed digital information by taking a negative inference against them.

But the IRS is claiming that all this just accidentally happened. They're not criminal; they're just incompetent.

They ought to subpoena every single IT administrator at the IRS and question them under oath.

Why Accountability is Important

Warning. This is a long post. I've put most of it below the jump.

As a private practice lawyer with a litigation practice, I have a staff. It's not large, but I have a paralegal and a legal assistant. They follow my directions and take care of things that don't necessarily need a lawyer to handle. They help with filing documents, scheduling hearings, and coming up with first drafts of documents for my review.

However, if a deadline is missed or a document isn't filed correctly, that's my fault. I'm the one who signs the pleadings, and I'm the one who is in charge. The buck stops with me. As a hypothetical: even if the mistake is that my legal assistant forgot to call the court reporter for the deposition, I would take the responsibility when I talk to either the client or opposing counsel. I don't say: My assistant forgot to arrange for the court reporter. Instead, I tell the client: I didn't arrange for the court reporter; that's my fault.

No one likes a leader who blames their subordinates for mistakes. It looks weasel-y, and I think that my staff works well to know that I have their back. Now, even though I take responsibility to the client or the opposing counsel, I'm still going to have a serious conversation with my assistant. I'm going to let him/her know that they screwed up, and they should have called the court reporter. However, I handle that privately; in house.

That's how accountability works in my office. It works well for me. Clients and opposing counsel know that I am ultimately responsible for what goes on. It ensures that when I delegate, I make sure that things are getting done. My staff knows that I'll go to bat for them outside the office, but they also know that I am there to make sure they are doing things correctly.

Now, that's contrasted with what I see going on in the government. In the parade of problems that we see with government, the one common denominator is a lack of accountability. Let's go through some specific examples:

IRS Taxes Olympic Athletes

Did you know that athletes who win medals also get monetary awards? Clearly, the IRS knows about it. The IRS takes about a third of what the Olympics awards each US athlete.

Yankee fan who returned ball to Jeter...

...may owe taxes in the amount of between $5k and $15k.

We're from the Government, and we're here to help. 

The guy sounds nonchalant about it now, which is good, because the IRS is probably going to bill him. Can't a guy just go to a baseball game anymore without it being a taxable event?