National

National: How the IRS seeded the clouds in 2010 for a political deluge three years later | The Washington Post

In early 2010, an Internal Revenue Service team in Cincinnati began noticing a stream of applications from groups with ­political-sounding names, setting in motion a dragnet aimed at ­separating legitimate tax-exempt groups from those working to get candidates elected. The IRS officials decided to single out one type of political group for particular scrutiny. “These cases involve various local organizations in the Tea Party movement,” read one internal IRS e-mail sent at the time. A few hours north in Fremont, Ohio, the owners of a drainage supply shop, Tom and Marion Bower, were wondering why it was taking so long to get a tax exemption for their new tea party group. “I didn’t think any of us thought we’d be targeted,” said Marion Bower, of American Patriots Against Government Excess. “We started the group because we wanted to learn about our country and educate people. Now I’m becoming a little paranoid. If they can do this, what else can they do?” Read More

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National: Dan Pfeiffer: Legal questions in IRS scandal ‘irrelevant’ to ‘inexcusable’ actions | Washington Post

White House senior adviser Dan Pfeiffer said Sunday the question of whether any laws were broken in the Internal Revenue Scandal is “irrelevant” to the fact that the agency’s actions were wrong and unjustifiable. “I can’t speak to the law here. The law is irrelevant,” Pfefiffer said on ABC News’s “This Week With George Stephanopoulos.” “The activity was outrageous and inexcusable, and it was stopped and it needs to be fixed to ensure it never happens again.” Stephanopoulos replied: “You don’t really mean the law is irrelevant, do you?” Pfeiffer responded: “What I mean is, whether it’s legal or illegal is not important to the fact that the conduct doesn’t matter. The Department of Justice has said that they’re looking into the legality of this. The president is not going to wait for that. We have to make sure it does not happen again, regardless of how that turns out.” Read More

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National: IRS Probe Sheds Light on Nonprofit Election-Year Surge | Bloomberg

Patriot Majority USA, a social welfare nonprofit, told the Internal Revenue Service that its mission is “to encourage a discussion of economic issues.” In exchange for keeping its donors private and paying fewer taxes, it must limit its involvement in politics. Yet last year Patriot Majority, run by Democratic operative Craig Varoga in Washington, spent at least $7.5 million on TV ads attacking Republican candidates on issues such as women’s health screenings and equal pay. With the Nov. 6 election over, the nonprofit shows signs of going dormant with e-mails bouncing back unopened and phone calls unanswered. Read More

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National: The IRS tea party scandal: The lesson is better campaign finance disclosure laws | Slate

Let’s not make excuses for the IRS. The agency shouldn’t have subjected conservative groups to special scrutiny. Campaign finance reform groups should have immediately called for hearings when this scandal broke: Imagine the hue and cry if the IRS during the Bush administration had singled out “progressive” groups for special tax scrutiny and sent themunprecedented questions about their contributors and activities. Given the danger going back to President Richard Nixon of using the IRS against political enemies, the agency has to be scrupulously nonpartisan and fair. Congressional investigations and the Department of Justicecriminal investigation announced Tuesday are inevitable and warranted. But the larger picture here shows why the IRS felt itself forced into the role of campaign finance regulator, and why people also are calling for the Securities and Exchange Commissionand state attorneys general to regulate campaign contributions. This is all about the failure of Congress to require the disclosure of donors who bankroll groups designed to influence elections. Read More

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National: Exiting IRS Chief Denies Targeting as Republicans Pounce | Bloomberg

Steven Miller, who is being forced out as acting commissioner of the Internal Revenue Service, told House lawmakers today that the IRS has learned from its mistakes while denying that it had targeted nonprofit groups for review because of their political views. Under persistent questioning from House Republicans at the first hearing on the agency’s scrutiny of small-government groups that applied for tax-exempt status, Miller insisted that IRS employees didn’t have partisan motivations. “What happened here is that foolish mistakes were made by people trying to be more efficient,” Miller said at a House Ways and Means Committee hearing that lasted almost four hours. Read More

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National: Congressmen Seek Constitutional Guarantee of the Right to Vote | The Nation

Supreme Court Justice Antonin Scalia made a point of emphasizing during the Bush v. Gore arguments in December 2000 that there is no federal constitutional guarantee of a right to vote for president. Scalia was right. Indeed, as the reform group FairVote reminds us, “Because there is no right to vote in the U.S. Constitution, individual states set their own electoral policies and procedures. This leads to confusing and sometimes contradictory policies regarding ballot design, polling hours, voting equipment, voter registration requirements, and ex-felon voting rights. As a result, our electoral system is divided into 50 states, more than 3,000 counties and approximately 13,000 voting districts, all separate and unequal.” Mark Pocan and Keith Ellison want to do something about that. The two congressmen, both former state legislators with long histories of engagement with voting-rights issues, on Monday unveiled a proposal to explicitly guarantee the right to vote in the Constitution. Read More

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National: IRS problem started with vague tax exemption rules | Los Angeles Times

In spring 2010, agents in the Cincinnati office of the Internal Revenue Service, which handles applications for tax-exempt status, faced a surge of filings by new advocacy groups, with little guidance on how to treat them. Their decision to deal with the problem by singling out tea party and other conservative groups for extra scrutiny has now triggered a criminal inquiry, congressional investigations, the departure of two top IRS officials and the naming of a new acting commissioner Thursday. For former IRS staff and tax experts, the case confirms what they view as one of the agency’s long-standing weaknesses: its inability to cope with the growing number of tax-exempt advocacy groups that appear to stretch the law to engage in politics. Read More

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National: U.S. Supreme Court Examines Voting Rights in Two Cases | NY Law Journal

Retired Supreme Court Justice Sandra Day O’Connor recently said that she has second thoughts about Bush v. Gore. Whatever feelings she now expresses, the U.S. Supreme Court’s involvement at that time obviously had implications for election law, and, of course, the direction of our nation. Since then, the court has ruled on a variety of important voting rights cases, and in a matter of weeks the court is expected to hand down decisions in two additional ones, also having far-reaching consequences. One involves an Alabama county that opposes federal oversight of its election procedures, and the other concerns the scope of Arizona’s law requiring voters to submit documentary proof of citizenship when registering to vote. Both cases, Shelby County, Ala. v. Holder and Arizona v. Inter-Tribal Council of Arizona, consider the authority of Congress to protect voters against state and local ordinances that impinge upon fundamental voting rights. Read More

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National: Why Mark Pocan wants constitutionally guaranteed right to vote | Capital Times

Supreme Court Justice Antonin Scalia made a point of emphasizing during the Bush v. Gore arguments in December 2000 that there is no federal constitutional guarantee of a right to vote for president. He was right about that. Indeed, as the reform group FairVote reminds us: “Because there is no right to vote in the U.S. Constitution, individual states set their own electoral policies and procedures. This leads to confusing and sometimes contradictory policies regarding ballot design, polling hours, voting equipment, voter registration requirements, and ex-felon voting rights. As a result, our electoral system is divided into 50 states, more than 3,000 counties and approximately 13,000 voting districts, all separate and unequal.” Mark Pocan wants to do something about that. With Minnesota Congressmen Keith Ellison — who like Pocan is a former state legislator with a long history of engagement with voting rights issues — the Wisconsin Democrat on Monday unveiled an amendment to explicitly guarantee the right to vote in the Constitution. Read More

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National: ‘Angry’ Obama announces IRS leader’s ouster in scandal | CNN

President Barack Obama vowed Wednesday to hold accountable those at the Internal Revenue Service involved in the targeting of conservative groups applying for federal tax-exempt status, beginning with the resignation of the agency’s acting commissioner who was aware of the practice. In a brief statement delivered to reporters in the East Room of the White House, the president announced that Treasury Secretary Jack Lew had requested — and accepted — the resignation of acting IRS Commissioner Steven T. Miller. The president said the “misconduct” detailed in the IRS Inspector General’s report released Tuesday over the singling out of conservative groups is “inexcusable.”
“Americans have a right to be angry about it, and I’m angry about it,” Obama said. Read More

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