Tuesday’s political law links, 5/14

IRS STORY DEVELOPMENTS. TaxProf Blog. Paul Caron chronicles new reports.

IRS ISSUES AND CAMPAIGN FINANCE. Roll Call. “The controversy embroiling the IRS kicked up another storm of rhetoric Monday over enforcement of campaign finance laws.”

IRS AND CFR.  Politico.  “The Wild West just got wilder.”

BEYOND CINCINNATI.  The Post.  “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.”

SEBELIUS SCRUTINY. Story here. “Health and Human Services Secretary Kathleen Sebelius’ recent push to encourage health care executives and nonprofit organizations to make donations to organizations working to implement ObamaCare is drawing criticism from a key Senate Republican who questions whether she has a conflict of interest.”

K ST. SPIKE. The Post. “April marked a spike in activity on K Street, with corporations, trade groups and other entities tapping outside lobbyists at a rate not seen since mid-2011.”

POLITICAL INTELLIGENCE LAW AND INEVITABILITY. NPR. “One other reason Congress might like a rule on disclosure, it would affect the firms that gather political intelligence, but not the lawmakers and Hill staffers who supply it.”

AL: ACCUSED SEEKS SEALED DOCS. Story here. “Former State Senator Lowell Barron wants to restrict the public’s access to documents pertaining to his alleged ethics violations.”

NY: DONATIONS DROP. Story here.”Donations for a lobbying group that promotes Gov. Andrew Cuomo’s policies dropped from $17 million to zero after the state ethics board began requiring that donors be named, a 2012 federal tax filing provided to The Associated Press shows.”

OR: TAX CREDIT RENEWAL DEBATE. Story here. “Oregon’s tax credit for political contributions came under fire, but also drew praise, as lawmakers considered Thursday whether to renew it.” Here’s more on the credit.

TX: SELIGER BILL,ON NONPROFITS PASSES. News here. “Sen. Kel Seliger’s (R-Amarillo) bill that would require nonprofit organizations to disclose their donors passed in the House on Monday and now moves to the Governor’s desk.”

HAVE A GREAT DAY.

Monday’s political law links, 5/13/13

IRS TARGETS CONSERVATIVES. I had a special post on Saturday compiling a number of stories related to Friday’s startling revelation that the IRS targeted conservative groups. With an IG report apparently coming shortly and congressional hearings assured, we’ll be hearing a lot more about this story. And to think it was just last Thursday that three members of the Federal Election Commission warned of the dangers of “partisan or ideological witch hunts” in the administration of campaign finance law… I wouldn’t be surprised if some groups sought the same reporting exemption granted to the Socialist Workers Party a few weeks ago.

IG REPORT WILL INTENSIFY CRITICISM. The Post. “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.”

TARGETING AND SIN. The Post. “The targeting of political organizations by the Internal Revenue Service is not only ‘absolutely inappropriate,’ as the agency acknowledged Friday, but it also might be a ‘deadly sin,’ according to an IRS reform law from 1998.”

IRS DRIP.  The Times.  “The head of the division on tax-exempt organizations, Lois Lerner, was briefed on the effort in June 2011, seemingly contradicting her assertion on Friday that she learned of the effort from news reports.”

COLLINS SLAMS.  Here.  “Sen. Susan Collins (R-Maine) on Sunday called the Internal Revenue Service’s singling out of conservative groups for extra scrutiny ‘absolutely chilling’ and called on President Obama to condemn the effort.”

POINT OF ORDER ON RENZI TRIAL.  Here.  “A number of Speech or Debate issues can be expected to arise during the trial.”

AL: AGENDA FOR FINAL DAY. Story here. “SB445 by Sen. Bryan Taylor, R-Prattville, would make changes to the state’s Fair Campaign Practices Act that Taylor said would make the law simpler, clearer and more enforceable. A substitute version passed by the House would repeal the $500 cap on corporate contributions to candidates, which some say is a “pretend” cap because corporations can legally skirt the law by giving to multiple political action committees.”

AZ: OFFICIAL LEAVING. Story here. “The top staff official of Arizona’s campaign finance agency is leaving to be a lawyer for the U.S. Attorney’s Office for Arizona.”

CA: COMMENTS SOUGHT ON DRAFT MANUALS. FPPC (PDF).

VA: MORE TIES. Story here. “As the FBI and the Virginia State Police try to determine whether the Republican governor improperly helped Star or its chief executive, Jonnie R. Williams Sr., in exchange for the catering or other gifts, details of the first family’s relationship with the company continue to emerge.”

HAVE A GREAT DAY.

Political Activity Law Alert: IRS targeted conservative groups

UPDATE: TOP OFFICIALS KNEW. The Hill. “According to that draft, the head of the IRS division that overseas tax-exempt groups became aware that conservative groups were being targeted for scrutiny in June, 2011.”

UPDATE: WAYS AND MEANS DEMAND. Here. “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 BIG STORY: IRS APOLOGIZES. AP. “White House spokesman Jay Carney declared it was indeed inappropriate for the IRS to target tea party groups. But he brushed aside questions about whether the White House itself would investigate.”

MISTAKES WERE MADE. NR. The IRS statement explains, “Mistakes were made initially, but they were in no way due to any political or partisan rationale.”

IRS UNDER SIEGE. Politico. “The IRS doesn’t have many friends on a good day. By Friday evening, the agency seemed to have none at all.”

MCCONNELL: SORRY NOT ENOUGH. Story here. “Senate Minority Leader Mitch McConnell (R-Ky.) is calling for a ‘government-wide review’ in the wake of the admission from the IRS that tea party political groups were inappropriately selected for special scrutiny in the 2012 campaign.”

PAUL OFFENDED. Story here. “‘I’m offended when any kind of government entity targets people for their political or religious beliefs. It’s particularly offensive, particularly since I’m one of the groups they were targeting,’ [Sen. Rand] Paul said.”

WH: INAPPROPRIATE. NPR. “White House press secretary Jay Carney called the IRS actions ‘inappropriate’ and said they should be investigated.”

POST VIEW: FULL ACCOUNTING NEEDED. Here. “If it was not partisanship, was it incompetence? Stupidity, on a breathtaking scale? At this point, the IRS has lost any standing to determine and report on what exactly happened.”

WARNING IGNORED? DC. “This is not a new project for McConnell. Speaking at AEI in June of 2012, he noted that tea party groups had ‘received a lengthy questionnaire from the IRS demanding attendance lists, meeting transcripts, and donor information.'”

TARGETING LONG-SUSPECTED. Volokh. “Some conservative and libertarian groups have long suspected that the Internal Revenue Service has targeted right-leaning non-profits for extra scrutiny, but such allegations were always difficult to prove (and often sounded a bit conspiratorial).”

IRS: COME CLEAN. CCP. “The IRS needs to come clean – what did they know and when did they know it? Why has there been a delay in admitting this gross violation of First Amendment rights?”

MAIN STREAM COVERAGE LATE? RedState. “I’m glad that the heritage media is finally reporting on what new media has covered for over a year now: that the IRS has been systematically targeting Americans based on their political ideology.”

GROUPS TARGETED. The Post. “The Internal Revenue Service on Friday apologized for targeting groups with ‘tea party’ or ‘patriot’ in their names, confirming long-standing accusations by some conservatives that their applications for tax-exempt status were being improperly delayed and scrutinized.” The Post story has over 5,000 comments on their website.

GOVERNMENT-WIDE REVIEW URGED. Story here. “Senate Minority Leader Mitch McConnell is calling on President Obama to order a top-to-bottom review of the administration after the IRS admitted Friday that it had targeted conservative groups during the 2012 election.”

LERNER DISCLOSED. The Times. “Lois Lerner, the director of the I.R.S. division that oversees tax-exempt groups, acknowledged that the agency had singled out nonprofit applicants with the terms ‘Tea Party’ or ‘patriots’ in their titles in an effort to respond to a surge in applications for tax-exempt status between 2010 and 2012.”

CINCINNATI BLAMED. Heritage. “Lerner claimed that ‘the practice was initiated by low-level workers in Cincinnati and was not motivated by political bias.'”

CONSERVATIVES SLAM IRS. FOX. “Tea Party leaders refused to accept an apology from the IRS Friday in which the agency acknowledged that it inappropriately flagged conservative groups for additional review during the 2012 election to see if they were violating their tax-exempt status.”

ACLJ: MORE TO THE STORY. NR. “At the ACLJ, we represent 27 targeted conservative groups across 18 states. These groups were not merely asked to provide routine follow-up information at a greater rate than others, the questions themselves were intrusive and blatantly unconstutional. I posted about this issue last May when we began representing the first of the groups.”

ALTHOUSE ON CONTROVERSY. Here. “The unequal, politically skewed enforcement of a law is a far more serious problem than the level of harshness of a neutrally enforced law. We can disagree about what the tax laws should be and how strictly or harshly they should be enforced, but everyone knows it is fundamentally wrong to vary the degree of enforcement, selecting victims by their politics.”

CATO COMMENTARY. CATO has a number of items on this development. Daniel Mitchell slams the agency for Nixon-like harrassment here. Michael Cannon details prior testimony of Douglas Shulman related to this topic here and has further thoughts here, where he notes a recent speech by President Obama.

ENJOY THE REST OF YOUR WEEKEND. I’m sure we’ll all be following this story in the months to come.