Congress Abetted the IRS Targeting of Conservatives
We've filed a Senate ethics complaint against nine Senators who prodded the agency to silence opponents.
June 2, 2014 7:27 p.m. ET
On Monday the Center for Competitive
Politics filed a complaint with the Senate Select Committee on Ethics
against nine U.S. senators: for interfering with IRS tax proceedings;
for misusing official resources for campaign purposes; and for improper
conduct that reflects poorly upon the Senate. Attempting to use the IRS
to advance a partisan, electoral agenda is a fundamental assault on good
government. We believe these elected officials have staged such an
assault.
The complaint documents how the
senators improperly interfered with IRS adjudications to further their
party's electoral prospects. They pressured the IRS to undertake
income-tax investigations of specific organizations, to find that
specific organizations were in violation of the law, to reach
predetermined results pertaining to pending applications by individual
organizations for nonprofit status, and to adopt specific regulatory
interpretations and policies to further their campaign goals.
A
year ago in May it became public knowledge that the IRS had improperly
targeted conservative organizations. Republicans have since attempted to
find a "smoking gun" directly linking the scandal to the White House.
That likely does not exist, because that's not the way these things are
done. Meanwhile, their quest has helped enable the press to ignore
obvious abuses of power emanating from the Senate.
After the Supreme Court's Citizens United decision
on Jan. 21, 2010, Democrats adopted a campaign strategy of attempting
to squelch the speech of conservative groups.
Charles Schumer
(D., N.Y.)—named in our complaint—introduced the so-called
Disclose Act, saying on Feb. 11 that it would make targeted speakers
"think twice" before speaking out. "The deterrent effect should not be
underestimated," he added.
At campaign
fundraisers in the summer of 2010, President
Obama
repeatedly denounced conservative organizations for "running
millions of dollars of attack ads against Democratic candidates,"
identifying Americans for Prosperity by name. On Aug. 27 the Democratic
Congressional Campaign Committee filed a complaint with the IRS against
Americans for Prosperity.
Senate
Democrats twice failed, on straight party-line votes, to end a
filibuster of the Disclose Act. Mr. Obama told Democratic donors that
they had "tried to fix" the problem but failed.
The
attempt to silence opponents through legislation may be ugly, but such
hardball politics are not a violation of Senate ethics rules. After
failing to pass Disclose, however, the senators in our complaint began a
pattern of improper conduct aimed at pressuring the IRS to harass and
investigate their political opponents.
Senators
may inquire about agency practices and operations. But they cross an
ethical line when they interfere in pending tax exemption applications
or pressure an agency to investigate or prosecute specific
organizations.
Just days after the final
defeat of the Disclose Act in October 2010, Sen.
Richard Durbin
(D., Ill.)—another senator in our complaint—wrote to IRS
Commissioner
Douglas Shulman
on his official letterhead to demand that the IRS "quickly
examine the tax status of Crossroads GPS," a major conservative
nonprofit.
Mr. Durbin accused
Crossroads GPS of breaking the law. He later admitted to
Chris Wallace
on Fox News that he sought the investigation because "they were
boastful about how much money they were going to raise and beat
Democrats with."
Pressure on the IRS
increased after the 2010 midterm Republican landslide. Mr. Schumer
stated in one speech, "It's clear we're not going to pass anything
legislatively," due to "Republican control" of the House. "But there are
many things that can be done by the IRS . . . and we have to redouble
our efforts. We have not worked hard enough on this." In a letter to the
IRS on March 12, 2012, Mr. Schumer urged the service to investigate
various groups identified through reference to news articles.
Michigan
Sen.
Carl Levin
wrote at least seven letters to the IRS, and demanded that it
investigate specific nonprofits. The IRS's failure to launch these
investigations, he wrote in one, was "unacceptable." Mr. Levin also
sought confidential nonprofit tax return information from the IRS, even
after being warned, repeatedly, by IRS Deputy Commissioner for Services
and
Enforcement Steven
T. Miller,
that such information could not be legally divulged.
These
are just a few examples of abuse of power for electoral gain. The other
six senators named in the complaint are
Michael Bennet
(D., Colo.),
Sheldon Whitehouse
(D., R.I.),
Al Franken
(D., Minn.),
Jeanne Shaheen
(D., N.H.),
Jeff Merkley
(D., Ore.) and
Tom Udall
(D., N.M.). Under the Senate Ethics Committee rules, when such a
complaint is received—including by private individuals—"The Committee
shall promptly commence a preliminary inquiry . . . of such duration and
scope as is necessary" to find whether ethics rules were violated.
There
is ample evidence that these efforts affected IRS policy, but the
senators' behavior is improper even if it did not. Senate rules require
that the Ethics Committee take action. And we as citizens must make sure
that the IRS is not abused by Democrats or Republicans for partisan
electoral gain.
Mr. Smith
is chair and
Mr. Keating
is president of the Center for Competitive Politics.
Charles Schumer (D., N.Y.)—introduced the so-called Disclose Act, saying on Feb. 11 that it would make targeted speakers "think twice" before speaking out. "The deterrent effect should not be underestimated," he added.
ReplyDeletePressure on the IRS increased after the 2010 midterm Republican landslide. Mr. Schumer stated in one speech, "It's clear we're not going to pass anything legislatively," due to "Republican control" of the House. "But there are many things that can be done by the IRS . . . and we have to redouble our efforts. We have not worked hard enough on this." In a letter to the IRS on March 12, 2012, Mr. Schumer urged the service to investigate various groups identified through reference to news articles.
How would you feel if the senior senator from NY was using the IRS to chase after you or your group?