CCP Comments to House Ways & Means on IRS Scandal

Here.

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Disclosure of 501c4 Files to Pro Publica Was “Inadvertent”

See the Update at the bottom of this Pro Publica story.

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“IRS Scandal Rooted in Money, Power and Washington”

Bloomberg View:

Until Congress passes the Disclose Act, which would end the practice of anonymous political spending, the IRS will continue to oversee groups that spend millions to influence the political process. What’s more, well-financed, powerful groups with deep political connections and access to first-rate legal advice will continue to whiz through the IRS express lane while genuine citizen organizations, Tea-Party-inspired and otherwise, will endure long waits to have their applications approved. The inspector general found one hapless applicant waiting 1,138 days for approval. We don’t know the victim’s name. We’re pretty sure it wasn’t “Rove.”

I make the pitch for DISCLOSE II to solve the broader IRS problem here.

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“How the IRS’s Nonprofit Division Got So Dysfunctional”

Must-read Pro Publica deep dive.

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“How to Stop the Next IRS Scandal”

Jonathan Bernstein wants unlimited disclosed contributions to candidates.

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Read About How Lerner Planted Question with Lawyer at ABA Tax Meeting

Here.

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“Official Says Treasury Dept. Knew of I.R.S. Inquiry in 2012″

NYT on today’s hearing.

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“House panel opens hearing on IRS targeting of conservative groups”

WaPo reports.

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“IRS Speaks Out: We Messed Up, But We Would’ve Scrutinized Tea Partiers Anyway”

Andy Kroll reports for Mother Jones.

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Two from Bloomberg on IRS

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“New IRS List Harms Tax-Exempt Groups”

CCP release.

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“Election Finance Reform: Viable Proposals vs. Long-Term Goals”

Raph Graybill blogs.

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“IRS Rationale for Tea Party Scandal Is Debunked by Data”

Important item in the Chronicle of Philanthropy (via Jonathan Adler).

Whether or not the total number of c4 applications were going up, c4 political spending was exploding, beginning with WRTL and continuing into Citizens United.  See my charts here from last year’s presentation at Stanford PACs, based upon data from the Center for Responsive Politics.

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“At Cincinnati IRS office, surprise over claims of partisan villainy”

WaPo went to talk to the Cincinnati office workers.

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The Rube Goldberg Campaign Finance Machine

A picture’s worth a 1000 words.

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IRS PR: Even Worse Than I Thought

Following up on this post, it turns out that not only was Lerner going in prepared to bring up the tea party targeting; the question was planted too.  Watch.

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Dept. of Profoundly Dumb PR Moves: IRS Edition

Apparently the Lerner response on Friday (to a question, not in her prepared remarks) on Tea Party targeting was planned.  {Update: It’s even worse than we thought: the question was planted too}

Look: the IRS should have revealed its targeting of Tea Party groups much sooner, and it should not have had officials fail to report it (or perhaps even lie about it) when asked by Members of Congress.

But simply as a matter of PR, if the IRS decided it needed to get out in front of the damning upcoming TIGTA report, this was not the way to do it.  It should have issued a press release later that day on Friday, ahead of the weekend.  But it did it this way, in an offhanded, almost cavalier way (look at the exact text of what Lerner said: “So I guess my bottom line here is that we at the IRS should apologize for that, it was not intentional, and as soon as we found out what was going on, we took steps to make it better and I don’t expect that to reoccur.”) as part of the answer at a tax meeting where word was sure to leak out; it then was unprepared for questions at the press call afterwards (including the Lerner line that she was not good at math—true she’s a lawyer, not an accountant, but the optics) and then no formal response for a few days, and then apparently posting further private information about who was approved and put through this process on its website.

The bumbling nature of this seems to demonstrate that Lerner and others did not realize, at all, the extent to which this was politically radioactive and damaging.  The IRS probably isn’t an agency used to interacting often with the national press, and it shows, very starkly, in this incident.

More about today’s hearings later.

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“Committee on House Administration Democrats Introduce Bill to Reform and Reauthorize the Election Assistance Commission”

See this press release.

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“Blame Congress For the IRS-Tea Party Mess”

Andy Kroll writes for Mother Jones.

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“Stevens: Rationale for Bush v. Gore was ‘unacceptable’; The former Supreme Court justice speaks out on John Roberts and the case that decided the 2000 election.”

Salon reports (via How Appealing).

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Sen. Baucus Says IRS Controversy Will Grow

Watch Bloomberg (via Political Wire)

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Two from Marketplace on IRS

Politics, money and power: Inside the IRS’ targeting of conservative social welfare groups

The Problem of IRS’s Dwindling Credibility

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“Move to Defend: The Case against the Constitutional Amendments Seeking to Overturn Citizens United”

John Samples has posted this draft on SSRN.  Here is the abstract:

Three years ago the U.S. Supreme Court decided the case of Citizens United v. Federal Election Commission. It found that Congress lacked the power to prohibit independent spending on electoral speech by corporations. A later lower-court decision, SpeechNow v. Federal Election Commission, applied Citizens United to such spending and related fundraising by individuals. Concerns about the putative political and electoral consequences of the Citizens United decision have fostered several proposals to amend the Constitution. Most simply propose giving Congress unchecked new power over spending on political speech, power that will be certainly abused. The old and new public purposes cited for restricting political spending and speech (preventing corruption, restoring equality, and others) are not persuasive in general and do not justify the breadth of power granted under these amendments.

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“Model Legislative Veto Act”

From Seth Barrett Tillman.

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“Ohio Republicans Push Law To Penalize Colleges For Helping Students Vote”

TPM:

Republicans in the Ohio Legislature are pushing a plan that could cost the state’s public universities millions of dollars if they provide students with documents to help them register to vote. Backers of the bill describe it as intended to resolve discrepancies between residency requirements for tuition and voter registration, while Democrats and other opponents argue it is a blatant attempt at voter suppression in a crucial swing state.

“What the bill would do is penalize public universities for providing their students with the documents they need to vote,” Daniel Tokaji, a professor and election law expert at Ohio State University told TPM. “It’s a transparent effort at vote suppression — about the most blatant and shameful we’ve seen in this state, which is saying quite a lot.”

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“Scandal Should Prompt IRS to Clarify Rules”

Gary Bass and Beth Kingsley have written this oped for the Chronicle of Philanthropy.

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“The Schmitt/Klein Exchange Over the Role of ‘Small Donors’”

Bauer wades in.

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Two From CPI on IRS

‘Tea party’ nonprofits rarely endorsed political candidates

Do nonprofits’ names imply political activity? Most social welfare nonprofits don’t have politically charged names

 

 

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“Regional Differences in Racial Polarization in the 2012 Presidential Election: Implications for the Constitutionality of Section 5 of the Voting Rights Act”

Steve Ansolabehere, Nate Persily, and Charles Stewart have written this article for the Harvard Law Review Forum.  Here is the conclusion:

Reasonable people can disagree about the relevance of the 2012 election or even racially polarized voting patterns to the constitutionality of the coverage formula for section 5 of the Voting Rights Act. Indeed, we view our findings more as a response to the notion that the election and reelection of an African American President settles the constitutional question in favor of the VRA’s detractors. If anything, the opposite is true. To be sure, the coverage formula does not capture every racially polarized jurisdiction, nor does every county covered by section 5 outrank every noncovered county on this score. However, the stark race-based differences in voting patterns between the covered and noncovered jurisdictions taken as a whole demonstrate the coverage formula’s continuing relevance.

In particular, for those looking for a way to distinguish the covered jurisdictions from the noncovered jurisdictions, and to do so without running afoul of the “elephant whistle” problem, differential rates of racially polarized voting provide an ideal metric. There can be no doubt that the covered jurisdictions differ, as a group, from the noncovered jurisdictions in their rates of racially polarized voting. There can also be no doubt that voting in the covered jurisdictions as a whole is becoming more, not less, polarized over time.

This is a must-read, careful analysis.  The question, which I first posed in 2005, is whether differences in racially polarized voting are of constitutional significance to save section 5 of the Act for the swing Justice(s) on the current Supreme Court.  On that question, we  likely will have to wait until the end of June.

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“IRS problem started with vague tax exemption rules”

Matea Gold, soon of WaPo, writes this article for the LA Times.

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“Texas tea party group says IRS asked about its connection to Wisconsin recall battle”

The Wisconsin State Journal reports.

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Candidate/Pastor Solicits Prayers for Independent Expenditures on His Behalf

Maybe it went like this: “Oh Lord, we beseech thee to bring forth a mighty super PAC from the heavens, to rain down negative advertising upon all of my opponents.  Oh let the (c)(4)s emerge from the depths of darkness, attacking my opponent with the ferocity of a wild beast lurching forth momentarily and retreating into the darkness. And let us say, amen.”

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“Lawmakers to focus on whether IRS misled Congress on screening practices”

WaPo reports. [corrected link]

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“FBI seeks source of prostitution, corruption allegations against Sen. Robert Menendez”

WaPo: “Months after the FBI began probing allegations against Sen. Robert Menendez (D-N.J.), investigators are now looking at whether someone set out to smear him while he was running for re-election last year and then ascending to his new post as chairman of the Senate Foreign Relations Committee, according to four people briefed on the inquiry.”

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“SEC head rejects calls to stop political disclosure work”

USA Today reports.

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Ezra Klein Thinks IRS Mess, Other Scandals, Will Fizzle

Here.

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NYT Says Senate Dems Could Go Nuclear Soon in Filibuster Showdown

See here.

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“Some Lawmakers Want Big-Budget Groups Included In IRS Debate”

Important Peter Overby report for NPR.

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“IRS Scandal Falls Right in McConnell’s Wheelhouse”

Roll Call:

Tea party conservatives may never fully trust Senate Minority Leader Mitch McConnell, but the Kentucky Republican was talking about the dangers of limiting political speech long before the tea party movement existed.

An expansive view of the First Amendment when it comes to political speech has been a signature issue in McConnell’s Senate career. He led the crusade against the 2002 campaign finance overhaul championed by Republican Sens. John McCain of Arizona and Russ Feingold of Wisconsin even after enactment, taking the case to the Supreme Court.

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“Lois Lerner, IRS administrator at center of scandal, bows out of Western New England University commencement speech”

Here.

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“At D.C. Circuit, Contractor Case Merits Take Backseat”

BLT:

Lawyers for the Federal Election Commission and government contractors on Thursday argued in the U.S. Court of Appeals for the D.C. Circuit over a law that forbids the contract holders from making federal campaign donations. The merits of the case, however, took a backseat.

The panel—Senior Judge Douglas Ginsburg and judges Thomas Griffith and Karen Henderson—focused most of their time on the court’s jurisdiction to even hear the dispute.

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“Behind the I.R.S. Mess: A Campaign-Finance Scandal”

Steven Rattner for NYT Opinionator.

Yes, yes, we are at the point that it everything has been said but not by everybody.

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“The Other IRS Scandal”: David Cay Johnston on Dark Money Political Groups Seeking Tax Exemption”

Here at Democracy Now!.

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“Conservative Groups Granted Exemption Vastly Outspent Liberal Ones”

CRP: “Conservative nonprofits that received tax-exempt status since the beginning of 2010 and also filed election spending reports with the Federal Election Commission overwhelmed liberal groups in terms of money spent on politics, an analysis of Internal Revenue Service and FEC records shows.”

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“It’s Time for the IRS to Crack Down on Phony Non-Profits”

Jessica Levinson writes.

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“Labor secretary nominee Perez clears early hurdle in confirmation”

WaPo reports on 12-10 party line committee vote.

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“Judicial candidate blames mystery nonprofit’s attacks for defeat”

CPI reports.

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“Lax state rules provide cover for sponsors of attack ads”

CPI reports.

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“The real scandal behind IRS-gate”

Yet another real scandal piece, this one in Chicago Business.

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“Inadequate IRS Rules Helped Create Scandal”

Fred Wertheimer Politico oped.

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