An Internal Revenue Service watchdog testified Friday that he told Obama administration officials in June that he was looking into allegations the IRS targeted conservative groups for extra scrutiny when they applied for tax-exempt status.
The revelation by Inspector General Russell George came at the first congressional hearing on the IRS misconduct, which has generated a political firestorm since it was disclosed a week ago.
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George’s testimony represented the first evidence that officials in the Obama administration knew of the allegations as long as a year ago, during the presidential campaign.
Appearing Friday before the House Ways and Means Committee, George said he told the Treasury Department’s general counsel of his investigation on June 4, in a routine briefing of what his office was working on.
George said he did not disclose that he had concluded the targeting was improper.
But his testimony that knowledge of the allegations was not limited to the IRS is likely to fuel efforts by Republicans to link the scandal to the White House and congressional Democrats.
Treasury Secretary Jacob Lew said Friday that he was briefed in March that an investigation was underway of IRS screening of conservative groups – though he didn’t learn the substance of the findings until last week.
In an interview with Bloomberg Television, Lew said he had “a getting-to-know-you conversation” with George in mid-March, a couple of weeks after he was sworn in as treasury secretary, and the investigation “was one of the things he briefed me was ongoing.”
“I didn’t know any of the details of it until last Friday,” Lew said.
Lew also disclosed that he has ordered Danny Werfel, whom President Obama named Thursday to take over as acting IRS commissioner, to come up with an action plan within 30 days to address the handling of applications for tax-exempt status.
Obama also has said he first learned of the matter last Friday – when a Treasury Department official, Lois Lerner, revealed during an American Bar Association conference that IRS workers in a Cincinnati office had subjected groups with “Tea Party” or “patriots” in their names for extra scrutiny to determine if they should be tax exempt.
During yesterday’s testimony, Steven Miller, who was forced to resign this week week as the IRS acting commissioner, revealed that Lerner made her disclosure in response to a planted question at the bar association conference.
“We talked about what would be said and how we might do it,” he said.
The revelation irked lawmakers already angry the IRS never told them it had been improperly targeting conservative groups, despite numerous inquiries by members of Congress.
Reps. Joe Crowley (D-Queens) and Sandy Levin (D-Mich.) demanded Lerner resign or be fired.
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During a House Ways and Means Committee hearing today, Rep. Aaron Schock, R-Ill., grilled outgoing IRS commissioner Steven Miller about the IRS targeting a pro-life group in Iowa.
“Their question, specifically asked from the IRS to the Coalition for Life of Iowa: ‘Please detail the content of the members of your organization’s prayers,’” Schock declared.
“Would that be an inappropriate question to a 501 c3 applicant?” asked Schock. “The content of one’s prayers?”
“It pains me to say I can’t speak to that one either,” Miller replied.
After Schock pressed him further, Miller explained that although he couldn’t comment on the specific case, it would “surprise him” if that question was asked.
The report comes from the Thomas More Society, a national public interest law firm for religious liberty.
Coalition for Life of Iowa found itself in the IRS’s crosshairs when the group applied for tax exempt status in October 2008. Nearly ten months of interrogation about the group’s opposition to Planned Parenthood included a demand by a Ms. Richards from the IRS’ Cincinnati office unlawfully insisted that all board members sign a sworn declaration promising not to picket/protest Planned Parenthood. Further questioning by the IRS requested detailed information about the content of the group’s prayer meetings, educational seminars, and signs their members hold outside Planned Parenthood.
In House testimony Friday, former Acting IRS Commissioner Steven Miller explained that the IRS mistakes in handling applications for non-profit status from tea party groups were due, in large part, to a flood of applications following the Citizens United decision. Miller said the targeting was a botched attempt to centralize the process to account for the increased workload. There were fewer applications in 2010, when the IRS began targeting conservative groups, than the year before, however.
In 2009, before IRS began targeting tea party organizations, 1,751 groups applied for 501 (c)4 status. That number dropped in 2010 to 1,735. In fact, applications were down across all areas in the Tax Exempt division’s jurisdiction. So, they had more staff available for processing. While the number of applications did increase in 2011 and 2012, there was no increase in applications when the IRS began isolating tea party groups.
Moreover, the IRS reportedly abandoned the targeting in early 2012. It presumably had little trouble handling the increased number of applicants in advance of the 2012 election.
For whatever reason the IRS chose to target tea party organizations for special scrutiny, it wasn’t due to a flood of new applications.
The Obama IRS demanded that several Tea Party groups provide back-end access to their websites.
And, from reliable sources: This happened to several Tea Party groups!
The source has this in writing. It states they wanted access to everything the members had access to, which would be chats, email, contact information, etc. The group raised less than $600. She was targeted as early as October 2010.
Central Texas 912 President, Maria Acosta joined Kristina Ribali from FreedomWorks to discuss being singled out by the Feds.
The IRS asked for back-end access to the group’s website.
And this is a tax question?
Here is the latest creepy story of IRS harassment and abuse.
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UPDATE: The IRS also demanded the Richmond Tea Party in Virginia to provide access to the back-end of their website.
The Internal Revenue Service on Friday issued a statement to ProPublica saying that the agency’s release of pending confidential tax-exempt applications from conservative groups last year had been found to be “inadvertent and unintentional disclosures by the employees involved.”
In the statement, the IRS said the cases had been referred to and reviewed by the Treasury Inspector General for Tax Administration.
“When these two issues were previously raised concerning the potential unauthorized disclosures of 501(c)(4) application information, we immediately referred these cases to TIGTA [Treasury Inspector General for Tax Administration] for a comprehensive review,” the statement said. “In both instances, TIGTA found these instances to be inadvertent and unintentional disclosures by the employees involved.”
This is not my country. The Chicago thugocracy we have in the White House is every bit what Michelle Malkin has always said it was, using government to target and oppress political ‘enemies’.
In this segment, Frank Vandersloot tells BillO that after he gave Romney one million to help his campaign, he was then targeted by the Obama campaign on their official website along with seven others. Shortly after that he received a letter from the IRS saying he would be audited. And then on top of that, he also had the Labor Dept. come calling because they wanted to look at his books.
The Department of Homeland Security, which under Secretary Janet Napolitano has shown a keen interest in monitoring and warning about outspoken conservatives, takes a very different approach in monitoring political Islamists, according to a 2011 memo on protecting the free speech rights of pro-Shariah Muslim supremacists.
In a checklist obtained by The Daily Caller entitled “Countering Violent Extremism Dos and Don’ts” the DHS’s Office of Civil Rights and Civil Liberties notifies local and national law enforcement officials that it is Obama administration policy to consider specifically Islamic criticism of the American system of government legitimate.
The advice of the Dos and Don’ts list is far more conciliatory. “Don’t use training that equates radical thought, religious expression, freedom to protest, or other constitutionally-protected activity, including disliking the U.S. government without being violent,” the manual’s authors write in a section on training being “sensitive to constitutional values.”
The manual, which was produced by an inter-agency working group from DHS and the National Counterterrorism Center, advises, “Trainers who equate the desire for Sharia law with criminal activity violate basic tenets of the First Amendment.”
The checklist also advised against using moderate Muslim “trainers who are self-professed ‘Muslim reformers’” because they “may further an interest group agenda instead of delivering generally accepted, unbiased information.”
The Homeland Security document also seems to discount evidence unearthed by the Justice Department about the aims of some mainstream Muslim organizations, warning law enforcement not to rely on “unsubstantiated theories” and “conspiracies,” such as the belief that “many mainstream Muslim organizations have terrorist ties” or are “fronts for Islamic political organizations whose true desire is to establish Sharia law in America.”
The manual advises trainees not to assume Muslim Americans are “using democratic processes, like litigation and free speech, to subvert democracy and install Sharia law.”
In fact, the Justice Department proved that some very prominent Muslim organizations do have terror ties in a 2009 case and that they share the Muslim Brotherhood’s goal of Shariah law. “The government has produced ample evidence to establish the associations of CAIR [Council on American-Islamic Relations], ISNA [Islamic Society of North America], NAIT [North American Islamic Trust], with the Islamic Association for Palestine, and with Hamas,” U.S. District Court Judge Jorge Solis said in the July 1, 2009 ruling.
Tim Clemente, a former FBI agent who hunted Anwar Al-Awlaki and who has worked with Muslims to help stop terrorist plots, told The Daily Caller the government overdoes its sensitivity. Clemente says that the Muslim community “needs a realization, not necessarily a reformation,” that only it can stop terrorist attacks.
“Muslims are the ones that should notice this and should nip it in the bud,” Clemente told TheDC. “When you see the guy radicalizing and yelling at an imam, do more. Take it to the next level. Don’t go turning a blind eye.”
“While it is true that the vast majority of Muslims, especially in America, will never ever be radicalized, the greatest percentage of those that will commit terrorist acts happen to Muslim,” continued Clemente, who was critical of DHS’s 2009 report on rightwing groups.
Although the two reports originated from different wings of Napolitano’s vast Homeland Security bureaucracy, the contrast in their deference to constitutional rights and presumption of innocence is striking.
The “Rightwing Extremism” report warned that the economic recession, Barack Obama’s election, and the “return of military veterans facing significant challenges reintegrating” might lead to a rise in white-power domestic terrorist activity — a threat that, unlike the threat posted by radical Islam, has failed to materialize in the four years since the report was issued.
The 2009 report also defined “rightwing extremism in the United States” as including not just racist or hate groups, but also those who reject federal authority in favor of state or local authority and who “are dedicated to a single issue, such as opposition to abortion or immigration.”
The 2009 report’s authors conceded that DHS “has no specific information that domestic rightwing terrorists are currently planning acts of violence.”
The Internal Revenue Service is now facing a class action lawsuit over allegations that it improperly accessed and stole the health records of some 10 million Americans, including medical records of all California state judges.
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According to a report by Courthousenews.com, an unnamed HIPAA-covered entity in California is suing the IRS, alleging that some 60 million medical records from 10 million patients were stolen by 15 IRS agents. The personal health information seized on March 11, 2011, included psychological counseling, gynecological counseling, sexual/drug treatment and other medical treatment data.
“This is an action involving the corruption and abuse of power by several Internal Revenue Service agents,” the complaint reads. “No search warrant authorized the seizure of these records; no subpoena authorized the seizure of these records; none of the 10,000,000 Americans were under any kind of known criminal or civil investigation and their medical records had no relevance whatsoever to the IRS search. IT personnel at the scene, a HIPPA facility warning on the building and the IT portion of the searched premises, and the company executives each warned the IRS agents of these privileged records,” it continued.
According to the case, the IRS agents had a search warrant for financial data pertaining to a former employee of the John Doe company, however, “it did not authorize any seizure of any healthcare or medical record of any persons, least of all third parties completely unrelated to the matter,” the complaint read.
The class action lawsuit against the IRS seeks $25,000 in compensatory damages “per violation per individual” in addition to punitive damages for constitutional violations. Thus, compensatory damages could start at a minimum of $250 billion.
The Internal Revenue Service already has confessed to targeting and trying to injure tea party, Constitution and patriot organizations, by demanding answers to arbitrary questions and delaying their applications for a tax status so they could operate.
Now WND has learned that the IRS also put an organization in its bull’s-eye that wanted to do nothing more than share its pro-life message with churches.
Cherish Life Ministries was created to be a non-profit under the IRS 501(c)3 provision so that churches would feel comfortable working together…
…Shinn said the IRS contacted him regarding his application for nonprofit status, and was told he didn’t qualify.
“The representative was telling me I had to provide information on all aspects of abortion, I couldn’t just educate the church from the pro-life perspective,” he said. “Every time I pressed her on this issue and asked her to clarify her position, she would state that it wasn’t what she was saying, and then, she would repeat it almost the same way.”
The IRS agent did not respond to a WND request for comment on the ministry’s position.
But Shinn said he was accused of setting up a political organization.
“I asked her why she said we were political organization and she said it was because we had said in our application that we did less than 5 percent political activity. I explained to her that this was what was stated in the application and all we were doing was acknowledging that we were doing less than 5 percent political activity,” he said.
When a Tennessee lawyer asked the IRS for tax-exempt status for a mentoring group that trained high school and college students about conservative political philosophy, the agency responded with a list of 95 questions in 31 parts, including an ultimatum for a list of everyone the group had trained, or planned to train.
‘Provide details regarding all training you have provided or will provide,’ the IRS demanded. ‘Indicate who has received or will receive the training and submit copies of the training material.’
‘Can you imagine my responsibility to parents if I disclosed the names of their children to the IRS?’ he asked MailOnline.
It’s ‘an impossible question to answer fully and truthfully,’ he said, ‘without disclosing the names of anyone I ever taught, or would ever teach, including students.’
Like the leaders of many tea party-affiliated groups whose tax-exemption applications have become the subject of angry complaints, Kookogey called the IRS’s inquisition an overreach, ‘especially considering that my organization mentors high school and college students.’
It ‘should send chills through your spine,’ he told MailOnline, ‘that the government would ask me to identify those I teach, and to provide details of what I teach them.’
The 13-month delay, while burdensome, was far shorter than those some other groups endured. According to a report released late Tuesday by the IRS’s Office of Inspector General, the average delay at one point was 574 days.
But Kookogey said a $30,000 grant was canceled as a result of the IRS’s months-long radio silence, when he couldn’t tell his donor that Linchpins had earned its 501(c)(3) tax-exempt status.
That money would have made a significant difference to the group, judging from its public filings in Tennessee. In 2011, Linchpins of Liberty reported collecting just $3,460 in contributions, and spending $7,328 on its programs.
The group’s online materials refer to it as ‘an American leadership development enterprise.’ Its stated purpose is to mentor high school and college students, placing an emphasis on Western civilization and an old-style core curriculum – what previous generations called the ‘great books.’
‘Our ideas are opposed to the Obama administration, but we’re not tea party,’ Kookogey told The Tennessean.
It’s that lack of a tea party connection, he said, that makes his predicament so maddening.
He told MailOnline that nothing about his group – ‘not our name or our description or our website, or anything’ – should have placed it among the organizations the IRS chose to scrutinize closely by using key words like ‘tea party,’ ’9/12,’ and ‘patriots’ as qualifiers.
‘I’m not a Tea Party group. I’m not a Patriot group by name’ he told NewsChannel 5 in Nashville.
‘We mentor high school and college students in conservative political philosophy. It’s a one on one relationship.’
Kookogey summed it up in an interview with MailOnline as ‘unethical, unconstitutional, and unfair,’ later asserting in an email that ‘[w]e were targeted by the IRS based on our political beliefs and the content of our speech.’
The American Center for Law and Justice, which represents 27 conservative groups including Linchpins of Liberty, is planning to file suit against the IRS.
Jay Sekulow, that organization’s chief counsel, wrote on Tuesday that ‘the IRS abuse is ongoing.’
‘Even though the IRS admitted wrongdoing,’ Sekulow wrote in an essay for FoxNews.com, even though the Inspector General’s report indicates that wrongdoing was widespread, the IRS still hasn’t withdrawn its overbroad and unconstitutional questions, and it still hasn’t granted the exemptions it should grant, despite the fact that some applications have been pending for more than two years.’
The Inspector General’s report includes a list of ‘the seven questions’ the IRS asked right-wing groups that were later ‘identified as being unnecessary.’
Its request for the list of students trained by Linchpins of Liberty was not among them.
The report also largely exonerates political appointees in the Treasury Department and at the top of the IRS, instead blaming mid-level bureaucrats for providing ‘ineffective management’ and using ‘inappropriate criteria’ to red-flag conservative groups.
It makes no mention of anyone in the White House directing the IRS to play political favorites. But The Washington Post has reported that ‘senior IRS officials’ in Washington, D.C. were notified of the practice in 2011.
In December of that year, Kookogey says, he called the IRS’s nonprofit evaluation arm in Cincinnati, Ohio, to find out why his group’s application had taken so long.
The agent on the other end of the line, he said, told him, ‘We are waiting on guidance from our superiors as to your organization and similar organizations.’
Attorney General Eric Holder has said that he ordered the FBI to initiate a criminal probe on Friday, when he learned about the IRS’s practices.
The IRS’s actions, he said, were, ‘certainly outrageous and unacceptable, but we are examining the facts to see if there were criminal violations.’
Holder is expected to testify in a House Judiciary Committee hearing on Wednesday in Washington. On Friday the House Ways and Means Committee will hear testimony from acting IRS Commissioner Steven Miller and Treasury Inspector General J. Russell George.
Florida Republican Senator Marco Rubio has called for Miller to lose his job.
‘At a bare minimum, those involved with this deeply offensive use of government power have committed a violation of the public trust that has already had a profoundly chilling effect on free speech,’ Rubio wrote Monday in a letter to Treasury Secretary Jack Lew. ‘Such behavior cannot be excused with a simple apology.’
‘It is clear the IRS cannot operate with even a shred of the American people’s confidence under the current leadership,’ Rubio continued. ‘Therefore, I strongly urge that you and President Obama demand the IRS Commissioner’s resignation, effective immediately.’
On Friday, Sekulow demanded that the IRS immediately approve the tax-exempt status applications of his organization’s 10 legal clients, including Linchpins of Liberty, that are still waiting. He issued the agency an ultimatum: Grant the requests by noon on May 17, or prepare to fight in court.
‘We are demanding that the IRS grant our remaining clients tax-exempt status immediately,’ Sekulow said in a statement. ‘If that does not occur by Friday, we will advise our clients of their right to sue the IRS for the redress of their grievances.’
Lois Lerner, the senior executive in charge of the IRS tax exemption department and the person at the center of the exploding scandal over the IRS targeting conservative, evangelical and pro-Israel non-profits, has been given $42,531 in bonuses since 2009.
That figure was included in data provided by the IRS in response to a Freedom of Information Act request by The Washington Examiner. Lerner is director of the IRS exempt organizations division, which processes and approves or denies applications from groups seeking tax-exempt status.
Lerner received $17,220 for 2009, $24,691 for 2010 and $10,620 for 2011, the most recent year for which the I(RS said data was available.
The Treasury Inspector General’s damaging report on the IRS-Tea Party scandal has destroyed the administration’s claim that low-level workers in a Cincinnati, Ohio office are to blame, revealing that 10 of 12 agency offices referenced in the affair are in Washington.
The report repeatedly references actions taken by the Washington-based Exempt Organizations unit and guidance specialists also in Washington. What’s more, the report was researched in the Exempt Organizations offices and the Cincinnati-based Determinations Units, which has received the blame for targeting Tea Party groups.
The audit, for example, probes into how the Cincinnati-based Determinations Unit developed its plan to pay attention to groups with the words “Tea Party,” “Patriot,” and other phrases used by anti-Obama groups during the 2010 election.
Washington-based offices denied involvement, but did change the “criteria” for groups to target in July 2011. Instead of looking for “Tea Party” groups seeking tax exempt status to investigate, the criteria was broadened to “political, lobbying or [general] advocacy.”
However, “the team of specialists subsequently changed the criteria in January 2012″ back, apparently without telling their bosses. “Specialists” are both Washington- and Ohio- based.
Popular talk radio host Mark Levin, one of the first to post the IG report online, suggested that the House committees investigating the scandal use the IG’s “High-Level Organization Chart of Offices Referenced in this Report” on page 29 in picking who should testify. He suggested that the heads of all 12 be called to testify.
In the midst of the Internal Revenue Service (IRS) scandal, individuals and groups, alike, are continuing to come forward with ever-startling allegations. On Wednesday, Dr. Anne Hendershott, a devout Catholic and a noted sociologist, professor and author, exclusively told TheBlaze that she believes she may have been one of the IRS’s targets.
According to Hendershott, the IRS audited her in 2010 and demanded to know who was paying her and “what their politics were.”
It all started with a phone call she received at her home in May of that year – a call during which Hendershott was told she would be audited. A letter that followed on May 19, 2010 solidified the IRS’s request to meet her in person two months later in July. While IRS investigations are certainly not uncommon occurrences, the professor believes that the situation surrounding hers was more-than-curious.
“The IRS calls my house and says… ‘I just wanted to let you know that we’re going to be auditing your business’ and I said ‘My businesses?’ and he said, ‘You know the expenses you take off for writing,” the academic recalls.
Hendershott was surprised she was being audited on business grounds considering she does not operate an entrepreneurial endeavor in the traditional sense. In addition to her academic work, she told TheBlaze that she occasionally freelances for Catholic outlets and for the Wall Street Journal. But can this really be considered “business” activity?
“I don’t make a lot of money from writing. In fact most years I don’t show a profit,” she told TheBlaze.
Hendershott said some of the outlets and organizations she has written for haven’t paid her a cent.
But the circumstances surrounding the irregular nature of the experience don’t end there. Hendershott noted it was particularly surprising that she, alone, was audited. Her husband, who brings in the vast majority of the family’s income, was not included in the IRS’s inquiry – even though the Hendershotts always files jointly.
So when the agent explained that she would need to come alone and in person to discuss her “business” activity in July of 2010, the professor was perplexed.
“[The IRS agent] didn’t even let me decide when it would be good for me… He didn’t want my husband to come,” she said of the meeting, which was held at an IRS office in New Haven, Connecticut.
The process was a grueling one, including many questions that Hendershott felt were political in nature. Numerous records were requested before the in-person meeting, as well as during and after.
“Every question had to do with bank deposits we made. Every single question,” she said. “What is this money? And I didn’t know a lot of it. We had to go to our bank and get deposits back. We had to get records showing where the money came from.”
While asking about the deposits, the agent wanted to know if the monies came from groups and, if so, what the organizations’ politics were.
The mention of groups, Hendershott notes, is particularly interesting, as she had been writing for numerous Catholic outlets and organizations at the time. In addition to Catholic World Report and the Catholic Advocate, she also penned op-eds for the Wall Street Journal. Many of these writings were critical of President Barack Obama and his policies.
And the plot thickens. Among the organizations she targeted in her writings were progressive groups highly supportive of Democratic causes, including: Catholics in Alliance for the Common Good, Catholics United, and Catholic Democrats.
At the time, one of the founders of Catholics United, Chris Korzen, had become a target of her work, as she exposed, in her view, his true leftist agenda and some of the complicated theological stances the left-of-center organizations he associated with were taking. Plus, there were alleged financial ties with billionaire liberal George Soros. Here’s just two paragraphs from an article she wrote in March 2010, just months before her meeting with IRS officials:
On its website, Catholics United describes itself as a 501(c) (4) non-profit organization – eligible to accept donations. But, Catholics in Alliance for the Common Good emerged in 2005 as a kind of sister organization to Catholics United. A 501(c) (3) organization, donors can claim a deduction against personal income tax when they donate money to Catholics in Alliance. Reviewing the 2007 IRS 990 forms for both Catholics in Alliance for the Common Good and Catholics United raises some questions, because Chris Korzen is listed as having received $84,821 in compensation for 40 hours per week from Catholics in Alliance on the group’s 990 Form – even though the Catholics United website claimed he was the director there during the same time period. [...]
Despite their inability to engage in extensive lobbying, Catholics in Alliance has been extremely successful in attracting large donors. Never a friend to the Catholic Church, George Soros, one of the earliest donors, contributed $50,000 to Catholics in Alliance in 2005 and another $100,000 in 2006 through his Open Society Institute. Likewise, Smith Bagley, a major Democratic donor and fundraiser, whose wife, Elizabeth Frawley Bagley, is Chairman of the Board of Catholics in Alliance, came close to matching Soros with grants from his family’s Arca Foundation. With a long history of supporting progressive organizations like ACORN, the Gamaliel Foundation, People for the American Way, and Planned Parenthood, Arca contributed $50,000 to Catholics in Alliance in 2007 and another $75,000 in 2008.
Hendershott can’t help but wonder if her writings against progressive groups played a role in her audit. It’s obvious that before she was notified by the IRS she was commenting regularly about matters of faith and politics and, in particular, Obamacare. While she doesn’t have proof that the IRS investigation was political in nature, she has strong suspicions that it was.
“I started writing articles like crazy saying these are fake Catholic groups,” she said of the aforementioned organizations, noting that Korzen would often target her work and rail against her assertions.
Hendershott noted that the progressive leader once called into a radio show she appeared on to challenge her contention that he had accepted Soros money.
“I had the tax return in front of me and read off the amounts that Chris Korzen was getting paid from Catholics in Alliance for the Common Good – a Soros supported fake Catholic group,” she told TheBlaze, noting that, through Catholics in Alliance, he had received $85,000.
While Korzen denied this on the air, Hendershott read from the 990 form in an effort to prove he wasn’t telling the truth. This, she believes, may have sparked – or played a role – in spawning the IRS audit.
“He was getting paid by one organization and working for another,” the professor said of Korzen. ”The IRS should have gone after them.”
Her writings for the Catholic Advocate soon ceased because, Hendershott admits, the IRS audit silenced her. If her suspicions are true, this may have been its chilling intention.
“I haven’t written for them since the audit, because I was so scared,” she said (records show her last article for the organization was on July 10, 2010 – the same month the IRS audit unfolded).
So far, she has only shared her story with friends and those close to her, but in light of the recent IRS scandal, she has decided to speak out.
“It was clear they didn’t like me criticizing the people who helped pass Obamacare,” she said of the audit,” later adding, ”The IRS is very frightening.”
In addition to creating stress and fear, Hendershott said that the experience came at a great emotional and financial expense for the family, noting that even after the audit the government sought more information from her.
“It was like they just couldn’t find what they wanted because they wanted more and more and more,” she said.
In March of 2012 Democratic Senators sent a letter to the Internal Revenue Service demanding that Tea Party groups get extra scrutiny (harassment). The Democrats even threatened legislative action if the IRS did not act.
A group of seven Senate Democrats urged the Internal Revenue Service on Monday to impose a strict cap on the amount of political spending by tax-exempt, nonprofit groups.
The senators said the lack of clarity in the IRS rules has allowed political groups to improperly claim 501(c)4 status and may even be allowing donors to these groups to wrongly claim tax deductions for their contributions. The senators promised legislation if the IRS failed to act to fix these problems.
“We urge the IRS to take these steps immediately to prevent abuse of the tax code by political groups focused on federal election activities. But if the IRS is unable to issue administrative guidance in this area then we plan to introduce legislation to accomplish these important changes,” the senators wrote.
The letter was signed by Senators Charles E. Schumer, Michael Bennet, Sheldon Whitehouse, Jeff Merkley, Tom Udall, Jeanne Shaheen and Al Franken. It follows an earlier letter, sent to the IRS by the same of group of senators last month, that also urged the IRS to better enforce rules pertaining to 501(c)4 organizations.
A copy of the letter is here.
This week Senate Finance Committee Chairman Max Baucus of Montana vowed congressional hearings and called the IRS actions “an outrageous abuse of power.” But, over the last three years, Democratic senators repeatedly and publicly pressured the IRS to engage in the very activities that they are only now condemning today.
UPDATE: Inspector General: The IRS targeted EVERY group with Tea Party in its name.
Conservative groups seeking information from the Environmental Protection Agency have been routinely hindered by fees normally waived for media and watchdog groups, while fees for more than 90 percent of requests from green groups were waived, according to requests reviewed by the Conservative Enterprise Institute.
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CEI reviewed Freedom of Information Act requests sent between January 2012 and this spring from several environmental groups friendly to the EPA’s mission, and several conservative groups, to see how equally the agency applies its fee waiver policy for media and watchdog groups. Government agencies are supposed to waive fees for groups disseminating information for public benefit.
“This is as clear an example of disparate treatment as the IRS’ hurdles selectively imposed upon groups with names ominously reflecting an interest in, say, a less intrusive or biased federal government,” said CEI fellow Chris Horner.
For 92 percent of requests from green groups, the EPA cooperated by waiving fees for the information. Those requests came from the Natural Resources Defense Council, EarthJustice, Public Employees for Environmental Responsibility, The Waterkeeper Alliance, Greenpeace, Southern Environmental Law Center and the Center for Biological Diversity.
Of the requests that were denied, the EPA said the group either didn’t respond to requests for justification of a waiver, or didn’t express intent to disseminate the information to the general public, according to documents obtained by The Washington Examiner. CEI, on the other hand, had its requests denied 93 percent of the time. One request was denied because CEI failed to express its intent to disseminate the information to the general public. The rest were denied because the agency said CEI “failed to demonstrate that the release of the information requested significantly increases the public understanding of government operations or activities.”
Similarly, requests from conservative groups Judicial Watch and National Center for Public Policy Research were approved half the time, and all requests from Franklin Center and the Institute for Energy Research were denied. “Their practice is to take care of their friends and impose ridiculous obstacles to deny problematic parties’ requests for information,” said Horner. Freedom of Information Act requests from CEI forced the EPA to release emails under the the “Richard Windsor” alias former EPA administrator Lisa Jackson used to conduct government business.
CEI has also filed FOIA requests for emails, text messages and instant messages from Jackson and EPA nominee Gina McCarthy. Horner said he believes the EPA has denied CEI’s requests because his think tank is the most active group seeking to hold the agency accountable. “This is a clear pattern of favoritism for allied groups and a concerted campaign to make life more difficult for those deemed unfriendly,” he said. “The left hand of big government reaches out to give a boost to its far-left hand at every turn. Argue against more of the same, however, and prepare to be treated as if you have fewer rights.” Update: An earlier version incorrectly called the Natural Resources Defense Council the “National Resources Defense Council.”
The same IRS office that deliberately targeted conservative groups applying for tax-exempt status in the run-up to the 2012 election released nine pending confidential applications of conservative groups to ProPublica late last year.
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The IRS did not respond to requests Monday following up about that release, and whether it had determined how the applications were sent to ProPublica.
In response to a request for the applications for 67 different nonprofits last November, the Cincinnati office of the IRS sent ProPublica applications or documentation for 31 groups. Nine of those applications had not yet been approved – meaning they were not supposed to be made public. (We made six of those public, after redacting their financial information, deeming that they were newsworthy.)
On Friday, Lois Lerner, the head of the division on tax-exempt organizations, apologized to Tea Party and other conservative groups because the IRS’ Cincinnati office had unfairly targeted them. Tea Party groups had complained in early 2012 that they were being sent overly intrusive questionnaires in response to their applications.
That scrutiny appears to have gone beyond Tea Party groups to applicants saying they wanted to educate the public to “make America a better place to live” or that criticized how the country was being run, according to a draft audit cited by many outlets. The full audit, by the Treasury Department’s inspector general for tax administration, will reportedly be released this week. (ProPublica was not contacted by the inspector general’s office.)
Before the 2012 election, ProPublica devoted months to showing how dozens of social-welfare nonprofits had misled the IRS about their political activity on their applications and tax returns. Social-welfare nonprofits are allowed to spend money to influence elections, as long as their primary purpose is improving social welfare. Unlike super PACs and regular political action committees, they do not have to identify their donors.
In 2012, nonprofits that didn’t have to report their donors poured an unprecedented $322 million into the election. Much of that money – 84 percent – came from conservative groups.
As part of its reporting, ProPublica regularly requested applications from the IRS’s Cincinnati office, which is responsible for reviewing applications from nonprofits.
Social welfare nonprofits are not required to apply to the IRS to operate. Many politically active new conservative groups apply anyway. Getting IRS approval can help with donations and help insulate groups from further scrutiny. Many politically active new liberal nonprofits have not applied.
Applications become public only after the IRS approves a group’s tax-exempt status.
On Nov. 15, 2012, ProPublica requested the applications of 67 nonprofits, all of which had spent money on the 2012 elections. (Because no social welfare groups with Tea Party in their names spent money on the election, ProPublica did not at that point request their applications. We had requested the Tea Party applications earlier, after the groups first complained about being singled out by the IRS. In response, the IRS said it could find no record of the tax-exempt status of those groups – typically how it responds to requests for unapproved applications.)
Just 13 days after ProPublica sent in its request, the IRS responded with the documents on 31 social welfare groups.
One of the applications the IRS released to ProPublica was from Crossroads GPS, the largest social-welfare nonprofit involved in the 2012 election. The group, started in part by GOP consultant Karl Rove, promised the IRS that any effort to influence elections would be “limited.” The group spent more than $70 million from anonymous donors in 2012.
Applications were sent to ProPublica from five other social welfare groups that had told the IRS that they wouldn’t spend money to sway elections. The other groups ended up spending more than $5 million related to the election, mainly to support Republican presidential candidate Mitt Romney. Much of that money was spent by the Arizona group Americans for Responsible Leadership. The remaining four groups that told the IRS they wouldn’t engage in political spending were Freedom Path, Rightchange.com II, America Is Not Stupid and A Better America Now.
The IRS also sent ProPublica the applications of three small conservative groups that told the agency that they would spend some money on politics: Citizen Awareness Project, the YG Network and SecureAmericaNow.org. (No unapproved applications from liberal groups were sent to ProPublica.)
The IRS cover letter sent with the documents was from the Cincinnati office, and signed by Cindy Thomas, listed as the manager for Exempt Organizations Determinations, whom a biography for a Cincinnati Bar Association meeting in January says has worked for the IRS for 35 years. (Thomas often signed the cover letters of responses to ProPublica requests.) The cover letter listed an IRS employee named Sophia Brown as the person to contact for more information about the records. We tried to contact both Thomas and Brown today but were unable to reach them.
After receiving the unapproved applications, ProPublica tried to determine why they had been sent. In emails, IRS spokespeople said ProPublica shouldn’t have received them.
“It has come to our attention that you are in receipt of application materials of organizations that have not been recognized by the IRS as tax-exempt,” wrote one spokeswoman, Michelle Eldridge. She cited a law saying that publishing unauthorized returns or return information was a felony punishable by a fine of up to $5,000 and imprisonment of up to five years, or both.
In response, ProPublica’s then-general manager and now president, Richard Tofel, said, “ProPublica believes that the information we are publishing is not barred by the statute cited by the IRS, and it is clear to us that there is a strong First Amendment interest in its publication.”
ProPublica also redacted parts of the application to omit financial information.
Jonathan Collegio, a spokesman for Crossroads GPS, declined to comment today on whether he thought the IRS’s release of the group’s application could have been linked to recent news that the Cincinnati office was targeting conservative groups.
Last December, Collegio wrote in an email: “As far as we know, the Crossroads application is still pending, in which case it seems that either you obtained whatever document you have illegally, or that it has been approved.”
This year, the IRS appears to have changed the office that responds to requests for nonprofits’ applications. Previously, the IRS asked journalists to fax requests to a number with a 513 area code – which includes Cincinnati. ProPublica sent a request by fax on Feb. 5 to the Ohio area code. On March 13, that request was answered by David Fish, a director of Exempt Organizations Guidance, in Washington, D.C.
In early April, a ProPublica reporter’s request to the Ohio fax number bounced back. An IRS spokesman said at the time the number had changed “recently.” The new fax number begins with 202, the area code for Washington, D.C.
Internal Revenue Service officials in Washington and at least two other offices were involved with investigating conservative groups seeking tax-exempt status, making clear that the effort reached well beyond the branch in Cincinnati that was initially blamed, according to documents obtained by The Washington Post.
IRS officials at the agency’s Washington headquarters sent queries to conservative groups asking about their donors and other aspects of their operations, while officials in the El Monte and Laguna Niguel offices in California sent similar questionnaires to tea-party-affiliated groups, the documents show.
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IRS employees in Cincinnati told conservatives seeking the status of “social welfare” groups that a task force in Washington was overseeing their applications, according to interviews with the activists.
Lois G. Lerner, who oversees tax-exempt groups for the IRS, told reporters Friday that the “absolutely inappropriate” actions were undertaken by “front-line people” working in Cincinnati to target groups with “tea party,” “patriot” or “9/12” in their names.
In one instance, however, Ron Bell, an IRS employee, informed a lawyer representing a conservative group focused on voter fraud that the application was under review in Washington. On several other occasions, IRS officials in Washington and California sent conservative groups detailed questionnaires about their voter outreach and other activities, according to the documents.
“For the IRS to say it was some low-level group in Cincinnati is simply false,” said Cleta Mitchell, a partner in the law firm Foley & Lardner who sought to communicate with IRS headquarters about the delay in granting tax-exempt status to True the Vote.
Moreover, details of the IRS’s efforts to target conservative groups reached the highest levels of the agency in May 2012, far earlier than has been disclosed, according to Republican congressional aides briefed by the IRS and the Treasury Inspector General for Tax Administration (TIGTA) on the details of their reviews.
Then-Commissioner Douglas Shulman, a George W. Bush appointee who stepped down in November, received a briefing from the TIGTA about what was happening in the Cincinnati office in May 2012, the aides said. His deputy and the agency’s current acting commissioner, Steven T. Miller, also learned about the matter that month, the aides said.
The officials did not share details with Republican lawmakers who had been demanding to know whether the IRS was targeting conservative groups, Republicans said.
“I wrote to the IRS three times last year after hearing concerns that conservative groups were being targeted,” Sen. Orrin G. Hatch (Utah), the ranking Republican on the Senate Finance Committee, said in a statement Monday. “In response to the first letter I sent with some of my colleagues, Steven Miller, the current Acting IRS Commissioner, responded that these groups weren’t being targeted.”
“Knowing what we know now,” he added, “the IRS was at best being far from forth coming, or at worst, being deliberately dishonest with Congress.”
In a news conference Monday, President Obama said he learned of the investigating in media reports on Friday and has “no patience with it.”
“If in fact IRS personnel engaged in the kind of practices that have been reported on, and were intentionally targeting conservative groups, then that’s outrageous,” Obama said. “And there’s no place for it. And they have to be held fully accountable.”
White House spokesman Jay Carney told reporters Monday that the White House counsel’s office learned of an upcoming IRS inspector general’s report on April 22 as part of a routine notification but had not received access to the report.
On Capitol Hill, two Senate panels – the Finance Committee and the Permanent Subcommittee on Investigations – announced Monday that they will investigate. The House Oversight and Government Reform Committee and the Ways and Means Committee have been looking into reports of IRS attempts to single out organizations on the right for heightened scrutiny. Ways and Means has called IRS officials to testify Friday.
“These actions by the IRS are an outrageous abuse of power and a breach of the public’s trust,” said Senate Finance Committee Chairman Max Baucus (D-Mont.). “The IRS will now be the ones put under additional scrutiny.”
Separately, Sen. Marco Rubio (R-Fla.) and Rep. Mike Turner (R-Ohio) introduced companion bills Monday that would require the IRS to fire any employee found “willfully” violating “the constitutional rights of a taxpayer,” according to statements by both lawmakers. The bills also would make them criminally liable for their actions.
Even as Obama vowed that his administration “will make sure that we find out exactly what happened on this,” however, the IRS offered no new information on how it selected which groups to single out for scrutiny.
The White House is legally barred from contacting the IRS about a tax matter, under a prohibition adopted after the Watergate scandal. And although it can contact the Treasury Department about tax issues, neither Treasury nor the IRS can disclose specific taxpayer information. The IRS can release information about a petition for tax-exempt status only after it has been approved.
Obama is not in a position to remove Lerner, a career official who can be terminated for cause only under normal civil service proceedings. The IRS has two political appointees: the commissioner, who serves a five-year term, and the chief counsel.
As the IRS came under broader political attack Monday, more details surfaced on how the exempt-organizations division struggled to determine which nonprofits should receive “social welfare” status after the 2010 Citizens United v. Federal Election Commission ruling. That decision, which allowed corporations and unions to raise and spend unlimited amounts of money on elections, opened the door for groups to accept undisclosed contributions as long as their “primary purpose” was not politics.
In a Jan. 9, 2012, letter to the Richmond Tea Party, IRS specialist Stephen Seok asked questions including “the names of the donors, contributors and grantors,” as well as the size of the contributions and grants, and when they were given.
Richmond Tea Party President Larry Nordvig, whose group applied for tax-exempt status in December 2009 and received it in July 2012, said the extended inquiry had “a very chilling effect” on how much money the group could raise because its donors preferred anonymity.
The Wetumpka Tea Party of Alabama experienced a two-year delay after submitting its initial application.
Becky Gerritson, a 44-year-old stay-at-home mother and the group’s president, said the IRS sent a questionnaire asking for the names of all volunteers, donor identification and contribution amounts, the names of any legislators its members had communicated with directly or indirectly, and the contents of all speeches its members had made, among a long list of other details.
“I was outraged,” Gerritson said. “Being an election year, I felt like it was intimidation.”
The group did not provide the information. Approval came only after the group sought help from the American Center for Law and Justice, which threatened a lawsuit against the IRS, Gerritson said.
Although some of the groups were explicitly labeled “tea party” or “patriot,” others that came under intense scrutiny were focused on challenging the Affordable Care Act – known by many as Obamacare – or the integrity of federal elections.
In a June 3, 2011, letter to the IRS, Mitchell questioned the agency’s motivations for delaying recognition of one of her clients who had filed nearly two years earlier, writing, “Is the [group’s] opposition to Obamacare and the takeover of America’s healthcare system by the government the reason that this application has been held up and not approved?”
Catherine Engelbrecht, president of the Houston-based True the Vote, first filed for tax-exempt status in July 2010. At one point, Engelbrecht – who is still awaiting a determination from the IRS regarding her voting rights organization and a separate tea party group, King Street Patriots – said an IRS employee informed her: “I’m just doing what Washington is telling me to do. I’m just asking what they want me to ask.”
The IRS did not respond to requests for comment Monday.
At various points over the past two years, Internal Revenue Service officials targeted nonprofit groups that criticized the government and sought to educate Americans about the U.S. Constitution, according to documents in an audit conducted by the agency’s inspector general.
The documents, obtained by The Washington Post from a congressional aide with knowledge of the findings, show that on June 29, 2011, IRS staffers held a briefing with senior agency official Lois G. Lerner in which they described giving special attention to instances where “statements in the case file criticize how the country is being run.” Lerner, who oversees tax-exempt groups for the agency, raised objections and the agency revised its criteria a week later.
But six months later, the IRS applied a new political test to groups that applied for tax-exempt status as “social welfare” groups, the document says. On Jan. 15, 2012 the agency decided to target “political action type organizations involved in limiting/expanding Government, educating on the Constitution and Bill of Rights, social economic reform movement.,” according to the appendix in the IG report, which was requested by the House Oversight and Government Reform Committee and has yet to be released.
The new revelations are likely to intensify criticism of the IRS, which has been under fire since agency officials acknowledged they had deliberately targeted groups with “tea party” or “patriot” in their name for heightened scrutiny.
This cannot possibly be. As someone who has gone through IRS certification (due to the off chance we may encounter taxpayer data during investigations), I can attest for the extensive rigor and controls that prevent such low level activities. For instance, the mere act of someone pulling up a neighbor’s tax data would set off numerous alarms; investigation and prosecution would be inevitable. Cases are distributed in a manner that a low-level worker would not have access to all “tea party” and “patriot” filings.
This means one of two things. Either ALL low-level employees in the IRS are operating in collusion, conspiring to attack all citizens of a particular political orientation (which would be necessary to cause low level employees randomly assigned and supervised with such extensive controls to consistently flag and punish people of that political interest), or senior level IRS employees who are able to pull up files of a particular interest (“patriot” “tea party”) were involved. Furthermore, if it was low-level employees, they would be investigated and disciplined as a matter of routine process. Only senior level IRS executives are able to bypass those controls.
And that IRS spokespersons are lying suggests how far up the conspiracy goes. I’m rather confident that a competent investigation would show White House political appointees had directed these actions, in collusion with senior level IRS officials. Nobody down below would be able to have such a broad reach and get by without being terminated and criminally prosecuted.
“There is little question that one or more employees at the IRS stole our confidential tax return and leaked it to our political enemies, in violation of federal law.” – Brian Brown, NOM president -
The National Organization for Marriage (NOM) today renewed its demand that the Internal Revenue Service reveal the identity of the employee or employees responsible for stealing the organization’s confidential Form 990 tax return and leaking it to the Human Rights Campaign (HRC). At the time of the theft, the HRC had long-sought to know the identity of NOM’s major donors and its chief executive was a co-chair of President Obama’s reelection campaign. The Form 990 that was leaked to the HRC contained the identity of numerous major donors to the organization.
“There is little question that one or more employees at the IRS stole our confidential tax return and leaked it to our political enemies, in violation of federal law,” said Brian Brown, NOM’s president. “The only questions are who did it, and whether there was any knowledge or coordination between people in the White House, the Obama reelection campaign and the Human Rights Campaign. We and the American people deserve answers.”
In March 2012 the Human Rights Campaign and the Huffington Post published NOM’s Form 990 Schedule B from 2008 containing the identity of dozens of donors. The HRC claimed the tax return was provided by a ‘whistleblower.’ For months previous to the publication, the HRC had been demanding that NOM publicly release this confidential information even though federal law protects the identity of contributors to nonprofit groups. The publication of NOM’s tax return occurred just a few months after Joseph Solmonese, then president of the HRC, was appointed a national co-chair of the Obama reelection campaign. An analysis of the published documents shows that they could only have originated with the IRS.
“We’ve seen in recent days an admission that the IRS intentionally targeted conservative groups for harassment and scrutiny,” Brown said, “but what NOM has experienced suggests that problems at the IRS are potentially far more serious than even these latest revelations reveal.”
Following publication of NOM’s confidential tax return and a complaint to the IRS, investigators with the Treasury Inspector General for Tax Administration (TIGTA) interviewed NOM officials about the theft. Nothing has come of the investigation if there is indeed one, and the agency has refused to answer any questions about the status of its examination.
Brown concluded, “No group should ever be subjected to the IRS leaking its confidential tax return to its political enemies. But when the recipient of the stolen information is a group headed by a co-chair of the President’s reelection campaign, serious concerns arise. We have no way of knowing if people within the White House, the Obama reelection campaign or the HRC had any role in the crime, but we call on the Congress to investigate. So far, we’ve heard nothing from the federal government even though they’ve had all the facts for over a year.”
To schedule an interview with Brian Brown, President of the National Organization for Marriage, please contact Elizabeth Ray (x130), eray@crcpublicrelations.com, or Jennifer Campbell jcampbell@crcpublicrelations.com, at 703-683-5004.
Paid for by The National Organization for Marriage, Brian Brown, president. 2029 K Street NW, Suite 300 Washington, DC 20006, not authorized by any candidate or candidate’s committee. New § 68A.405(1)(f) & (h).
Background: On March 30, 2012, the Huffington Post published NOM’s confidential 2008 tax return filed with the IRS, which it said came from the Human Rights Campaign. The HRC has said on its own site the documents came from a “whistleblower.” However, NOM has determined that the documents came directly from the Internal Revenue Service.
The document above is as it appeared when published by the Huffington Post. However, that document was modified in a failed attempt to obscure its source. There is a label visibly obscuring a portion of each page, and it was determined that information on the top of each page was also obscured in the version posted on the Huffington Post.
After software removed the layers obscuring the document, it is shown that the document came from the Internal Revenue Service. The top of each page says, “”THIS IS A COPY OF A LIVE RETURN FROM SMIPS. OFFICIAL USE ONLY.” On each page of the return is stamped a document ID of “100560209.” Only the IRS would have the Form 990 with “Official Use” information.
Just months after being slimed by President Barack Obama’s re-election campaign, Mitt Romney supporter and businessman Frank VanderSloot was informed that he was going to be audited not only by the Internal Revenue Service, but by the Labor Department as well.
In April 2012, VanderSloot, who served as the national co-chair of Mitt Romney’s presidential finance committee, was one of eight Romney backers to be defamed as ”wealthy individuals with less-than-reputable records” in a post on the Obama campaign’s website. The post, entitled “Behind the curtain: a brief history of Romney’s donors,” singled out VanderSloot for being a ”litigious, combative and a bitter foe of the gay rights movement.”
Two months later, the IRS informed VanderSloot he and his wife were going to be audited, Strassel reported. Two weeks after that, VanderSloot was notified by the Labor Department that it was going to “audit workers he employs on his Idaho-based cattle ranch under the federal visa program for temporary agriculture workers,” reported Strassel.
“The H-2A program allows tens of thousands of temporary workers in the U.S.; Mr. VanderSloot employs precisely three,” Strassel wrote. “All are from Mexico and have worked on the VanderSloot ranch—which employs about 20 people—for five years. Two are brothers. Mr. VanderSloot has never been audited for this, though two years ago his workers’ ranch homes were inspected. (The ranch was fined $8,400, mainly for too many ‘flies’ and for ‘grease build-up’ on the stove. God forbid a cattle ranch home has flies.)”
“This letter requests an array of documents to ascertain whether Mr. VanderSloot’s ‘foreign workers are provided the full scope of protections’ under the visa program: information on the hours they’ve worked each day and their rate of pay, an explanation of their deductions, copies of contracts,” she continued.
In her column, Strassel raised the specter that the IRS targeted VanderSloot for his political activism.
“Did Mr. Obama pick up the phone and order the screws put to Mr. VanderSloot?” she asked. “Or—more likely—did a pro-Obama appointee or political hire or career staffer see that the boss had an issue with this donor, and decide to do the president an unasked-for election favor? Or did he or she simply think this was a duty, given that the president had declared Mr. VanderSloot and fellow donors ‘less than reputable’?”
VanderSloot’s tale is more relevant in light of the admission Friday by IRS official Lois Lerner that the agency gave extra scrutiny to non-profit tea party groups with “tea party” or “patriot” in their name that applied for tax-exempt status under section 501(c)(4) of the tax code. While Lerner said the agency’s actions were inappropriate, she claimed it was not the result of political bias.
However, a forthcoming report by the IRS inspector general will say that the agency went beyond what Lerner admitted to on Friday by targeting groups which criticized “how the country is being run,” the Washington Post, which got an advanced copy of part of the internal audit, reported Sunday.
Though that practice was soon halted, just months later, in January 2012, groups that applied for tax exempt status which described themselves as “political action type organizations involved in limiting/expanding Government, educating on the Constitution and Bill of Rights, social economic reform movement” were again subjected to special scrutiny.
On Friday, House Majority Leader Eric Cantor was among the congressional leaders who called for an investigation into what went on at the IRS.
“The IRS cannot target or intimidate any individual or organization based on their political beliefs,” he said in a statement. “The House will investigate this matter.”
The White House also voiced support for an investigation.
“The president would expect that it would be investigated,” White House spokesman Jay Carney said at the Friday’s press briefing.
While non-profit groups were targeted by the IRS, no hard evidence has yet emerged to show that individuals like VanderSloot were targeted for their political leanings.
New evidence has now arisen that the IRS under President Obama, which admitted, then half-denied this week that it was targeting conservative non-profit groups, has been targeting Jewish organizations in a virulent manner. An IRS agent admitted that some Israel-related organizations’ applications have been assigned to “a special unit in the D.C. office to determine whether the organization’s activities contradict the Administration’s public policies.”
What does that mean? It means that the Obama administration is going after organizations that support the existence of the state of Israel; one Jewish organization that was not even focused on Israel was required to state “whether [it] supports the existence of the land of Israel,” and also to “[d]escribe [its] religious belief system toward the land of Israel.”
Z STREET, a staunch defender of Israel, had filed a lawsuit against the IRS, saying that an IRS agent told them that their attempt to secure tax-exempt status would be looked over more than usual because it was “connected to Israel.”
Lois Lerner, of the IRS, has already admitted that the IRS had improperly targeted groups with “Tea Party” and “patriot” in their names but said it wasn’t politically motivated, because “That is not how we do things.”
The Obama Administration apparently hates Israel enough to harass and intimidate those who support the Jewish state. So much for the contention of liberal Jews that the Obama administration is a friend to the State of Israel.
The House Ways and Means Committee wants to know when the White House first knew that the Internal Revenue Service was targeting groups for heightened scrutiny for their political views, including groups that used the words “tea party” or “patriot” in their applications for tax exempt status, or that sought to educate people about the U.S. Constitution and Bill of Rights.
The Treasury Inspector General for Tax Administration has provided a timeline to congressional staff that indicates that in the 2010 election year the Internal Revenue Service instructed officials in its “Determinations Unit” to “be on the lookout for” organizations applying for tax exempt status that used the words “tea party” or “patriot” in their applications.
By January 2012, at the beginning of a presidential election year, according to the timeline, the IRS broadened its “be on the lookout order” to target groups that were involved in educating people on the Constitution and the Bill of Rights.
Now the Ways and Means Committee, which is investigating the matter, has publicly posed what it calls ‘The Top 10 Questions for the IRS.” These include: When did the White House know?
“The IRS absolutely must be non-partisan in its enforcement of our tax laws. The admission by the agency that it targeted American taxpayers based on politics is both shocking and disappointing,” said Ways and Means Chairman Dave Camp (R.-Mich.). “The Committee on Ways and Means will thoroughly investigate this matter and will soon hold a hearing to get to the bottom of this situation. We will hold the IRS accountable for its actions.”
Here are the committee’s questions:
What did the IRS know and when? The Top 10 questions for the IRS
1. Beginning with an inquiry in June 2011, the House Ways and Means Committee has repeatedly asked the IRS for verification about whether or not it was targeting groups based on their political philosophies. On repeated occasions, including at a March 2012 Ways and Means Oversight Subcommittee hearing, the IRS explicitly denied such activities had occurred. Now, widespread media reports confirm that the agency learned of these practices just three weeks after the Committee made its initial inquiry related to these groups – nearly 2 years ago. How many times did the IRS lie to Congress about this issue?
2. What words were used in the targeting campaign? We know “tea party,” “patriots” and “conservative” were used.
3. We know words targeting conservative-leaning organizations were used. What about words like “progressive” or “green”? What proof, if any, has IRS provided to demonstrate this was not a politically motivated act? Were any personnel ever directed to delay processing of certain 501(c )(4) applications until after the election?
4. When was the IRS Commissioner informed? When were the White House and Treasury made aware that groups were being targeted based on their political philosophies? How did the White House and Treasury respond when they were made aware that conservative groups were being targeted?
5. When the IRS Commissioner was made aware of these unlawful practices, what steps were taken, if any, to halt the harassment of conservative organizations? Who was disciplined regarding these practices, if anyone?
6. Who were the employees that made these decisions, and what guidance were they provided with from Washington, if any, to pursue their work in this manner? Who are these employees? Were these political appointees? Were they hired through the process established by the Ramspeck Act (where some, including staff whose Members have lost or retired, receive placement assistance in an agency setting)?
7. It is clear from the TIGTA timeline that IRS was targeting those with conservative political philosophies as early as 2010. It is well documented that active Congressional investigations were going on pertaining to this subject – why wasn’t Congress immediately notified when IRS became aware that groups were, in fact, actively being targeted?
8. How widespread was the campaign to target conservative groups? We’ve heard about Ohio, a longtime bellwether state in political elections. What has IRS done, if anything, to identify whether this practice of targeting specific groups was occurring in IRS offices in other states?
9. Why is IRS apologizing now? IRS waited until well after the 2012 election cycle to issue a public apology for targeting these groups, but never informed Congress of its intent to do so, despite ongoing investigations. Why didn’t they inform Congress of their intent to do so?
10. What steps, if any, has IRS taken to ensure that the targeting of individuals and organizations does not occur in the future?
Senior Internal Revenue Service officials knew agents were targeting tea party groups as early as 2011, according to a draft of an inspector general’s report obtained by The Associated Press that contradicts public statements by the IRS commissioner.
. Internal Revenue Service (IRS) Commissioner Douglas Shulman testifies on Capitol Hill in Washington before the House Oversight Committee
The IRS apologized Friday for what it acknowledged was “inappropriate” targeting of conservative political groups during the 2012 election to see if they were violating their tax-exempt status. The agency blamed low-level employees, saying no high-level officials were aware.
But on June 29, 2011, Lois G. Lerner, who heads the IRS division that oversees tax-exempt organizations, learned at a meeting that groups were being targeted, according to the watchdog’s report. At the meeting, she was told that groups with “Tea Party,” ”Patriot” or “9/12 Project” in their names were being flagged for additional and often burdensome scrutiny, the report says.
The 9/12 Project is a group started by conservative TV personality Glenn Beck. In a statement to the AP, Beck suggested that the revelations were hardly news to him and other conservatives.
“In February 2012, TheBlaze first reported what the IRS now admits to — that they unfairly targeted conservative groups including the 9/12 project,” Beck said, citing his website and TV network. “It is nice to see everyone else playing catch-up and finally asking the same questions that TheBlaze started raising over a year ago.”
Lerner instructed agents to change the criteria for flagging groups “immediately,” the report says.
The Treasury Department’s inspector general for tax administration is expected to release the results of a nearly yearlong investigation in the coming week. The AP obtained part of the draft report, which has been shared with congressional aides.
Among the other revelations, on Aug. 4, 2011, staffers in the IRS’ Rulings and Agreements office “held a meeting with chief counsel so that everyone would have the latest information on the issue.”
On Jan, 25, 2012, the criteria for flagging suspect groups was changed to, “political action type organizations involved in limiting/expanding Government, educating on the Constitution and Bill of Rights, social economic reform/movement,” the report says.
While this was happening, several committees in Congress were writing numerous letters IRS Commissioner Douglas Shulman to express concern because tea party groups were complaining of IRS harassment.
In Shulman’s responses, he did not acknowledge targeting of tea party groups. At a congressional hearing March 22, 2012, Shulman was adamant in his denials.
“There’s absolutely no targeting. This is the kind of back and forth that happens to people” who apply for tax-exempt status, Shulman said at the House Ways and Means subcommittee hearing.
The portion of the draft report reviewed by the AP does not say whether Shulman or anyone else in the Obama administration outside the IRS was informed of the targeting. It is standard procedure for agency heads to consult with staff before responding to congressional inquiries, but it is unclear how much information Shulman sought.
The IRS has not said when Shulman found out that Tea Party groups were targeted.
Shulman was appointed by President George W. Bush, a Republican. His 6-year term ended in November. President Barack Obama has yet to nominate a successor. The agency is now run by an acting commissioner, Steven Miller.
The IRS said in a statement Saturday that the agency believes the timeline in the IG’s report is correct, and supports what officials said Friday.
“IRS senior leadership was not aware of this level of specific details at the time of the March 2012 hearing,” the statement said. “The timeline does not contradict the commissioner’s testimony. While exempt organizations officials knew of the situation earlier, the timeline reflects that IRS senior leadership did not have this level of detail.”
Lerner’s position is three levels below the commissioner.
“The timeline supports what the IRS acknowledged on Friday that mistakes were made,” the statement continued. “There were not partisan reasons behind this.”
Rep. Charles Boustany, R-La., chairman of the House Ways and Means Committee’s oversight subcommittee, said the report “raises serious questions as to who at IRS, Treasury and in the administration knew about this, why this practice was allowed to continue for as long as it did, and how widespread it was.”
“This timeline reveals at least two extremely unethical actions by the IRS. One, as early as 2010, they targeted groups for political purposes. Two, they willfully and knowingly lied to Congress for years despite being aware that Congress was investigating this practice,” Boustany said.
“This is an outrageous abuse of power. Going after organizations for referencing the Bill of Rights or expressing the intent to make this country a better place is repugnant,” Boustany added. “There is no excuse for this behavior.”
Several congressional committees have promised investigations, including the Ways and Means Committee, which plans to hold a hearing.
“The admission by the agency that it targeted American taxpayers based on politics is both shocking and disappointing,” said Rep. Dave Camp, R-Mich., chairman of the Ways and Means Committee. “We will hold the IRS accountable for its actions.”
The group Tea Party Patriots said the revelation was proof that the IRS had lied to Congress and the public when Schulman said there had been no targeting of tea party groups.
“We must know how many more lies they have been telling and how high up the chain the cover-up goes,” Jenny Beth Martin, national coordinator for the group Tea Party Patriots, said in a statement Saturday.
“It appears the IRS committed crimes and violated our ability to exercise our First Amendment right to free speech. A simple apology is not sufficient reparation for violating the constitutional rights of United States citizens. Therefore, Tea Party Patriots rejects the apology from the Internal Revenue Service,” Martin said. “We are, however, encouraged to hear that Congress plans to investigate. Those responsible must be held accountable and resign or be terminated for their actions.”
On Friday, White House spokesman Jay Carney said the administration expected the inspector general to conduct a thorough investigation, but he brushed aside calls for the White House itself to investigate.
Many conservative groups complained during the 2012 election that they were being harassed by the IRS. They accused the agency of frustrating their attempts to become tax exempt by sending them lengthy, intrusive questionnaires.
The forms, which the groups have made available, sought information about group members’ political activities, including details of their postings on social networking websites and about family members.
In some cases, the IRS acknowledged, agents inappropriately asked for lists of donors.
There has been a surge of politically active groups claiming tax-exempt status in recent elections – conservative and liberal. Among the highest profile are Republican Karl Rove’s group Crossroads GPS and the liberal Moveon.org.
These groups claim tax-exempt status under section 501 (c) (4) of the federal tax code, which is for social welfare groups. Unlike other charitable groups, these organizations are allowed to participate in political activities, but their primary activity must be social welfare.
That determination is up to the IRS.
The number of groups filing for this tax-exempt status more than doubled from 2010 to 2012, to more than 3,400. To handle the influx, the IRS centralized its review of these applications in an office in Cincinnati.
Lerner said on Friday this was done to develop expertise among staffers and consistency in their reviews. As part of the review, staffers look for signs that groups are participating in political activity. If so, IRS agents take a closer look to make sure that politics isn’t the group’s primary activity.
As part of this process, agents in Cincinnati came up with a list of things to look for in an application. As part of the list, they included the words “tea party” and “patriot,” Lerner said.
“It’s the line people that did it without talking to managers,” Lerner told the AP on Friday. “They’re IRS workers, they’re revenue agents.”
In all, about 300 groups were singled out for additional review, Lerner said. Of those, about a quarter were singled out because they had “tea party” or “patriot” somewhere in their applications.
Lerner said 150 of the cases have been closed and no group had its tax-exempt status revoked, though some withdrew their applications.
The Internal Revenue Service admitted Friday to improperly targeting conservative groups for aggressive applications processes for tax exempt status in 2012, using the terms “Tea Party” and “patriot” as flags. Here are some of the things they wanted to know about those groups.
1. We’re gonna need all your direct and indirect communication. “‘Direct and indirect communications’ is profoundly chilling of First Amendment rights, ” said David French, senior counsel for American Center for Law & Justice, which has been representing 27 conservative organizations met with IRS inquisitions. “It’s so vague as to be impossible to comply with.”
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2. What do we need to know about your members? Nothing much. Just ALL THE THINGS!
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3. Your present and past employees and their relationships, please.
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4. No, family members of past and present board members and employees are not exempt, nor are their activities with other groups. Why do you ask?
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5. If someone in this country’s free press has ever interacted with you in any way shape or form about your free speech activities, we’re going to need documentation of that.
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6. By the way, all the insane, intrusive information we’re asking for is understood to be public once you’ve given it to us, so please include only the most flattering possible photos of your children and pets.
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7. There are very specific requirements for completing and submitting this insane, intrusive information we’re asking for. Does it feel like you’re running hurdles yet, Lolo?
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8. Don’t forget to read the continued very specific requirements for completing and submitting this insane, intrusive information.
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9. If you do not comply with these very specific requirements for completing and submitting this insane, intrusive application, you will go directly back to Start, you will not pass Go, and let’s face it, we will probably collect $200.
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10. Please predict the future reliably. Thank you for your time.
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All of the examples above are taken from actual IRS correspondence received by ACLJ’s 27 clients. There were many versions of the in-depth questionnaire sent to different organizations, suggesting there was more than one agent or one office involved. Though IRS officials blamed “low-level” employees in the Cincinnati office, which is the central IRS office in charge of tax exemptions, French said the abuse was far more widespread. ACLJ’s clients dealt with inquiries from IRS offices from “coast to coast.” Of ACLJ’s 27 clients, 15 finally had their status approved after 6-7 months with legal help. There are 12 groups whose status remains in limbo.
Update: I meant to add that a 2011 letter from Rep. Darrell Issa and Rep. Jim Jordan laid out 16 areas of the Tea Party questionnaires that seemed to overreach. Here they are.
Today’s big news story was the IRS’s admission that it had targeted conservative organizations – specifically, Tea Party groups – for audits. Not to be overlooked is the further admission that the IRS improperly demanded donor lists from some of these organizations, presumably so that conservative donors, too, could be harassed.
This is a shocking news story – one that would be a major scandal in a Republican administration – but it is not the first time the Obama administration has abused the IRS. In August 2010, Austin Goolsbee, who directed Obama’s Economic Recovery Advisory Board and later chaired his Council of Economic Advisers, gave a press briefing in which he discussed corporate income taxes. In that briefing, he suggested that he had access to confidential IRS data, and falsely accused the administration’s beta noire, Koch Industries, of not paying corporate income taxes:
So in this country we have partnerships, we have S corps, we have LLCs, we have a series of entities that do not pay corporate income tax. Some of which are really giant firms, you know Koch Industries is a multibillion dollar businesses. So that creates a narrower base because we’ve literally got something like 50 percent of the business income in the U.S. is going to businesses that don’t pay any corporate income tax.
How would an Obama administration official have access to records showing how much a particular company pays in taxes? Unless the administration has some good explanation, such access would be illegal. As it happens, the claim that Koch doesn’t pay taxes (much like the equally absurd assertion that Mitt Romney didn’t pay taxes) is false. But that doesn’t excuse the Obama administration for misrepresenting confidential tax information to smear a political enemy.
After Goolsbee’s smear became public, Koch asked whether its tax returns had been improperly accessed by members of the Obama administration. As always, the administration stonewalled and refused to answer. The administration’s experience has been that it can endlessly abuse its powers, break the law with impunity, and if caught, brazen it out. Thus, in the absence of an independent mass news media, are habits developed which culminate in the scandals in which the administration is now engulfed.
UPDATE: Also, let’s not forget Obama’s joke, during the first days of his presidency, in a speech at Arizona State University:
I really thought this was much ado about nothing, but I do think we all learned an important lesson. I learned never again to pick another team over the Sun Devils in my NCAA brackets… President [Michael] Crowe and the Board of Regents will soon learn all about being audited by the IRS.
At the time, most people thought he was kidding. But as Glenn Reynolds pointed out at the time, jokes about presidential abuse of power are not funny when they come from the president. With hindsight, more attention should have been paid.
The House Ways and Means Subcommittee on Oversight has thrown down an investigative gauntlet to the Internal Revenue Service, demanding that the agency hand over by next Wednesday every communication in its records that includes the words “tea party,” “patriot” or “conservative.”
The committee is also demanding of the IRS that by next Wednesday it provide the committee with the names and titles of all individuals who were involved in targeting conservative non-profit groups for more intensive review of their applications for non-profit status.
The request follows a report from the Associated Press that Lois Lerner, director of the IRS Exempt Organizations Division, said at an American Bar Association conference that the IRS had targeted for special review applications of non-profit groups that included the words “tea party” or “patriot.”
“That was wrong,” the AP quoted Lerner as saying. “That was absolutely incorrect, it was insensitive and inappropriate. That’s not how we go about selecting cases for further review.”
“The IRS would like to apologize for that,” Lerner said.
Lerner’s statement at the ABA conference, however, seems to contradict testimony that then-IRS Commissioner Douglas Shulman made in the Ways and Means Subcommittee on Oversight on March 22, 2012.
At that hearing, Oversight Subcommittee Chairman Charles Boustany (R.-La.) specifically asked Shulman about allegations that the IRS had been targeting Tea Party groups.
“I’ve gotten a number of letters,” Boustany said at that hearing. “Just recently, we’ve seen some recent press allegations that the IRS is targeting certain Tea Party groups across the country requesting what have been described as owner’s document requests, delaying approval for tax-exempt status, and that kind of thing. Can you elaborate on what’s going on with that? I mean, can you give us assurances that the IRS is not targeting particular groups based on political leanings?”
“Yes,” said Shulman. “No, thanks for bringing this up, because I think there’s been a lot of press about this and a lot of moving information. So, I appreciate the opportunity to clarify. First, let me start by saying, yes, I can give you assurances.”
“And so, what’s been happening has been the normal back-and-forth that happens with the IRS,” Shulman testified. “None of the alleged taxpayers and obviously, I can’t talk about individual taxpayers, and I’m not involved in these, are in examination process. They’re in an application process which they moved into, voluntarily. And so, there’s absolutely no targeting. This is the kind of back-and-forth that happens when people apply for 501(c)(4) status.”
Shulman was nominated as IRS commissioner by President George W. Bush and confirmed by the Senate on March 14, 2008. He left the position on Nov. 9, 2012, and was replaced by acting Commissioner Steve Miller.
After the Associated Press story about Lerner’s statement to the IRS broke on Friday, Chairman Boustany sent a letter to IRS Acting Commissioner Miller pointing out that the Ways and Means Committee had been investigating this matter for more than a year, citing Lerner’s “apology” at the ABA conference, and demanding that the IRS produce certain communications and names by next Wednesday.
“As you know, for more than a year, the Committee on the Ways and Means has been pursuing an active investigation into the IRS’s targeting of conservative groups seeking tax exempt status,” Boustany wrote. “To help the committee fully understand the extent of the agency’s practices, provide the following information by no later than Wednesday, May 15, 2013: 1) Provide all communications containing the words ‘tea party’ ‘patriot’ or ‘conservative.’ 2) Provide names and titles of all individuals involved in this discrimination.”
As reported by the Associated Press, Lerner told the ABA conference that the targeting of groups that included the words “tea party” or “patriot” in their applications had been started by low-level IRS workers in Cincinnati. The AP said that after her talk Lerner told the news agency that high level IRS officials had not known about this targeting.
Back on March 23, 2010, the day after Shulman testified, Mark Levin, president of the Landmark Legal Foundation, wrote to the Treasury Inspector General for Tax Administration calling for an investigation of IRS misconduct in its treatment of Tea Party organizations.
“Recent media reports indicate that the EO Division is using inappropriate and intimidating investigation tactics in the administration of applications for exempt status submitted by organizations associated with the Tea Party movement,” Levin wrote to the IG.
“Landmark Legal Foundation respectfully requests an immediate and thorough investigation to determine whether IRS employees are acting improperly in the evaluation of exempt status applications,” wrote Levin. “This investigation also must determine whether the relevant IRS employees are acting at the direction of politically motivated superiors.”
Three months after Landmark Legal requested the IG investigation, House Oversight and Government Reform Chairman Darrell Issa (R.-Calif.) and Oversight Subcommittee on Regulatory Affairs Chairman Jim Jordan (R.-Ohio) sent a letter to the Treasury Inspector General for Tax Administration also requesting an investigation.
Today, Issa released a July 11, 2012 letter from the inspector general stating that his office “recently began work on the issue.” An IG audit is currently underway.
On Friday afternoon, CNSNews.com asked the IRS if it intended to comply with the Ways and Means Committee’s request for the names and titles of people involved in discriminating against Tea Party or conservative organizations and all communications containing the words “tea party” “patriot” or “conservative.” A spokesman said he would check. As this story was posted – only a little more than an hour after the question was first posed – the IRS had not yet responded.
The Missouri Legislature sent the governor a bill Wednesday that would expand gun rights and declare all federal gun regulations unenforceable, in a response to President Obama’s push for gun control legislation.
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The Republican-led Legislature passed the measure hoping to shield the state from federal proposals that would ban assault weapons and expand background checks. But the U.S. Senate’s defeat of a background check expansion three weeks ago did nothing to assuage the fears of Missouri Republicans who pressed forward with their legislation.
The Missouri House voted 118-36 Wednesday to send the bill to Democratic Gov. Jay Nixon. The Senate passed the measure earlier this month.
Supporters argue the measure protects the rights of law-abiding gun owners, and it includes language condemning the theft and illegal use of firearms. The measure’s sponsor, Rep. Doug Funderburk, said his aim is to ensure Missouri is the only regulator when it comes to firearms.
“We have the authority to enforce these laws. We are trying to position us so that we in this state can have safer neighborhoods,” said Funderburk, R-St. Peters.
Opposition came mostly from House Democrats who said the measure would increase access to guns and make schools less safe. They argued the measure doesn’t address gun violence in urban areas.
“I don’t understand why this body continues to turn their back and ignore gun violence in order to increase access to weapons,” said Rep. Stacey Newman, D-University City.
In addition to declaring federal gun laws unenforceable, the bill would allow concealed weapons to be carried by designated school personnel in school buildings. It would allow appointed “protection officers” to carry concealed weapons as long as they have a valid permit and register with the state Department of Public Safety. The officers would also be required to complete a training course.
The bill would also allow people with a firearms permit to openly carry weapons less than 16 inches in length even in localities that prohibit open-carry of firearms.
Privacy rights of gun owners have been a hot topic this legislative session after lawmakers learned the state Highway Patrol shared the list of concealed weapons permit holders with a federal agent in the Social Security Administration.
The legislation passed Wednesday would prevent people from publishing any identifying information on gun owners. A person who publishes such information would be guilty of a class A misdemeanor. It also would prevent doctors or nurses from being required to ask patients about firearm ownership.
The measure would also lower the minimum age required to obtain a concealed weapons permit from 21 to 19.
Even if Gov. Jay Nixon signs the legislation, it may face legal hurdles that will prevent its implementation. U.S. Attorney General Eric Holder sent a letter to Kansas last month saying the federal government would challenge its recent gun law. The Kansas legislation would prohibit federal regulation of guns that are manufactured and remain in the state. It would also criminalize the enforcement of federal gun control laws.
Missouri lawmakers are also considering a constitutional amendment that would declare gun rights “inalienable.”
Despite being elected for a second term, the questions about President Obama’s place of birth – and his eligibility to be president – just won’t go away. The Alabama Supreme Court is now set to hear an appeal from a case filed last fall, alleging that Obama wasn’t properly on the Alabama ballot because he never produced an original copy of his birth certificate.
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What makes this legal action different from all previous suits challenging Obama’s eligibility is that the plaintiffs are offering the gold standard in evidence: Sheriff Joe Arpaio’s “cold case posse.” In March, Sheriff Joe announced the results of his posse’s investigation into the mysteries of the PDF, or electronic, long-form birth certificate Obama finally released in response to myriad challenges about whether he met the constitutional requirement that he be a “natural born citizen.”
Sheriff Joe and his Posse concluded that the birth certificate is a forgery:
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On close examination of the evidence, we are prepared to say we believe probable cause exists indicating that forgery and fraud may have been committed. Not only in President Obama’s long form birth certificate, but more disturbing evidence suggests that another fraud may have been committed regarding his selective service registration card.
At the very least, I can tell you this. Based on all of the evidence presented and investigated, I cannot in good faith report to you that these documents are authentic. My investigators believe that the long firm birth certificate was manufactured electronically and it did not originated in a paper format as claimed by the White House.
If Sheriff Joe is correct that the PDF is a forgery, that does not automatically prove that Obama is not eligible to hold the office of president. It just means that, to date, he has not provided any credible proof that he is eligible to hold that office.
In Alabama, plaintiffs who already had their suspicion that the birth certificate was a forgery filed suit to force the Alabama Secretary of State to verify that all candidates on the presidential 2012 ballot were eligible to serve. The Alabama trial court immediately joined a long line of courts that have refused to hear the case on the merits and dismissed the suit. Plaintiffs appealed.
The case is now before the Alabama Supreme Court, which is currently headed by Roy Moore, a strict constitutionalist. Even better from the plaintiffs’ point of view is the fact that Justice Moore has gone on record questioning whether Obama was indeed a “natural born citizen,” citing Obama’s refusal to provide had not provided any evidence proving that he is:
This is the strangest thing indeed. The president has never produced [evidence] in the face of substantial evidence he was not born in our country. People are accepting it blindly based on their feelings, not on the law.
Several blogs are reporting that Sheriff Joe and his cold case posse will be part of the team providing evidence to support the plaintiffs’ argument. On the defense side, the attorneys are doing a lot of name-calling – “birthers,” “tiny cabal of zealots” – but insults are neither facts nor law.
The proof that Obama was not born in Hawaii and is not eligible to hold the highest office in the land is all circumstantial, which is why those who defend Obama’s citizenship have such fun engaging in all sorts of name-calling. What they don’t realize is that the proof that Obama was born in Hawaii and is therefore eligible to be President is equally circumstantial.
Obama has never produced an original document proving his Hawaiian birth. Moreover, he has spent millions of dollars to make sure that he is never called upon to produce that kind of document. His efforts to hide the circumstances of his birth (Foreign? Illegitimate? A father other than the one claimed?) all indicate that there’s something funny going on.
Kansas signed the Second Amendment Protection Act (SB 102) into law last month. The bill protects gun owners from from new federal gun control laws and would actually make it illegal to enforce those laws within the state of Kansas.
Eric Holder threatened Kansas last week calling the new state law unconstitutional.
In response Kansas Secretary of State Kris Kobach, fired back. The general gist of the message was,
“You’re wrong. You don’t understand the Constitution. Bring it on.”
