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Eye On Boise

Hart used legislative session to hold off tax man four times, starting in first year in office

Here’s a link to my full story today on how Rep. Phil Hart, R-Athol, has used the legislative session to hold off the tax man four times in the six years he’s served as a state lawmaker, starting his first year in office; and here’s a link to a letter from a Spokane attorney that Hart submitted to the state Board of Tax Appeals to bolster his case. Washington has a very similar legislative privilege clause in its state constitution to the one that Hart cites in Idaho’s constitution, but Hugh Spitzer, who teaches state constitutional law at the University of Washington School of Law, said he hasn’t heard of lawmakers invoking it in similar situations.

“The reason for these provisions, which are very common not only in the United States but throughout the world, is to protect elected legislators from harassment by their opponents,” Spitzer said. “It became very important in England in the 17th century … because the kings would try to shut down parliament, arrest members of parliament with whom the king disagreed.” But, he said, “It’s one thing to say the government can’t force you to do something, can’t arrest you, can’t harass you with a new lawsuit, but it’s another thing to say that this somehow frees you up from procedural requirements of litigation in which you are already involved, and that you have a right to an automatic stay.”

Five comments on this post so far. Add yours!
  • BobEly on June 16 at 8:31 a.m.

    I think we should all stop paying state income taxes until Mr Hart is current with his. Isn’t that the “fair” thing to do, Mr Hart?

  • scootermom on June 16 at 8:50 a.m.

    But, but, but ….

    Where would the State get the money to sue the Federal Government over health care reform? I’m pretty sure Mr. Hart voted for that bit of legislation.

  • WildWest on June 16 at 10:58 a.m.

    This man represents everything wrong with our communities and government, he is a criminal and no one is holding him accountable, his own political party won’t do anything because they are so corrupt and once this domino falls there are more to come, keep digging.

    Are there any truly open minded Idahoans who believe in justice, does anyone care or is Idahos so corrupted by the conservative mafia, that this is just they way it is……I am disappointed in my fellow Idahoans ability to hold the conservative majority responsible at election time or by local law enforcement.

    The biggest state newspaper and tv outlets completely ignore this Hart corruption, they are so effect by the conservative ideology, instead they focus on telling low information Idahoans how great they have it in Idaho……idiots

    Idaho’s future is not good with people like Hart in government.

  • IdahoRed on June 18 at 9:51 a.m.

    This man represents everything wrong with our communities and government….

    Response: Why because he stands up for what is right? Darn if he’d just go along with the status quo like all the other sheeple.

    he is a criminal and no one is holding him accountable….

    Response: Why because he says NO to government tyranny of the people? Because he knows when he has been wronged and has the guts to stand up and say so? Or maybe it is because the IRS “unconstiutionally” stole his right to deduct business expenses because he would not cave to their tyranny and disclose the names of those who purchased his book? I call a person who will risk everything to stand for truth and principle a HERO!

    His own political party won’t do anything because they are so corrupt….

    Response: Did it occur to you that perhaps his own political party knows he is being railroaded by a tyrannical, out-of-control government?

    Are there any truly open minded Idahoans who believe in justice…

    Response: So open minded to you means anything that a tyrannical government wants to do to its people is “justice?”

    is Idahos so corrupted by the conservative mafia…

    Response: Conservative mafia? Let me see, to a liberal that would mean any two or more people that shall gather together and unite in supporting common God inspired values and principles and who shall support and defend the laws of our land as set forth in the U.S. and state constitutions?

    I am disappointed in my fellow Idahoans ability to hold the conservative majority responsible at election time or by local law enforcement…

    Response: Sick ‘em Bubba, he won’t give me what he has “earned” and darn it, I’m “entitled” to whatever he has and I want it now!

    Idaho’s future is not good with people like Hart in government…

    Response: You mean the future of the status quo establishment and the liberal left is not good with people like Hart in government?

  • Sisyphus on June 18 at 11:51 a.m.

    On a roll today Red?

    “Why because he stands up for what is right?”—Can you explain how failing to pay your taxes is right? Or how hiding your assets is right?

    Oh and while your at it please explain how using legislative privilege, not available to the rest of us is, consistent with him standing up to government tyranny. He is the fricking government.

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Betsy Z. Russell covers Idaho news from The Spokesman-Review's bureau in Boise.

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