Government Targeting Political Opponents (an American Story, thanks to Barack Obama)

 

MAXINE WATERS - protesters burn flag outside Waters' Office

by Diane Rufino, July 21, 2018

On Thursday, July 19, supporters of Democratic Congresswoman Maxine Waters showed up at her Los Angeles office and put on a very troubling and unpatriotic display. I suppose their conduct was either in line with their diminished intelligence, their natural tendency to thug-like, violent behavior, or the indoctrination of the Thug Queen herself, Maxine Waters. At one point in the video taken of that protest, one lady not only parroted the vile hatred that Waters has been spewing but she also sounded exactly like her. It was disturbingly unsettling.

Waters and her ilk are the lowest of the low, and should have no place in the kind of country that was established for close-knit communities predicated on the mutual respect for our country’s ideals, our collective desire to get along, and our intelligent duty to conduct ourselves as decent members of society and to support the Rule of Law.

Last week, the constitutionally conservative group known as Oath Keepers called on members to show up outside the controversial Congresswoman’s South Los Angeles office for a “protest against Maxine Waters’ incitement of terrorism, and a stand FOR ICE and the Border Patrol.”  Supporters of Waters (ie, the demonstrators) showed up with the intent of countering that protest, but police at the protest site told the Los Angeles Times that the group had notified authorities that it no longer planned to hold the demonstration, in order to keep the peace.

Rather than go back home, the Pro-Waters crowd, which numbered a few dozen and included union workers, church leaders, South Los Angeles residents and members of activist groups, many holding signs that read “Resist!,” proceeded to demonstrate and display the hatred that Rep. Waters so often uses her platform to encourage and incite. At one point, a pick-up truck drove by, and believing it to belong to a member of the Oath Keepers, the demonstrators gathered around it, opened the doors and terrorized the driver, and then snatched his American flag from the truck bed.  No doubt, they were offended by a real American, a conservative. They proceeded to stomp on the flag and then set it on fire. They chanted “Black Power” and shouted “America was never great” A few even yelled: “This is not the American flag, this is their flag.”

…….  Not exactly the kind-of crowd you look forward to enjoying a 4th of July picnic with.
MAXINE WATERS - protesters stopping pick up truck and stealing man's flag outside Waters' Office

Ever since the election of Donald Trump, an election he won fair and square, and against an avalanche of behind-the-scenes crooked dealings, alliances, pay-offs, abuses of power, government-DNC collusion, and a phony Russian scandal, Democrats and others on the left have become unhinged and have shown their opposition in ways that exceed those allowed by the First Amendment, that offend all rules of common decency, that frustrate the traditional university goals of robust intelligent debate, and that violate our civil and criminal laws.  We see the rhetoric of hate, we see threats of violence against conservatives and against Republican members of Congress and members of Trump’s administration, we see Republican state and federal leaders and members of Trump’s administration (and their families) being shouted and threatened out of restaurants, movie theaters, and ball games, we see violence against conservative speech by Antifa and hooded thugs on campuses, we’ve witnessed the intentional shooting of Republican Congressmen (last year’s Congressional softball game), we’ve learned of the arrest of at least one Antifa member who amassed a cache of bomb-making materials and guns and who had a Manifesto outlining his mission to kill conservatives, we hear the most vile of rants and name-calling from members of the Entertainment Industry against Trump and against conservatives, we hear talk-show hosts and actors call for the rape and sodomization of members of Trump’s family and administration, we watch in disbelief as Democratic leaders in Congress become increasingly unhinged and unpatriotic in their messages and in their conduct, and we see Black Lives Matter protestors, including the likes of Al Sharpton and other race-baitors and poverty pimps, calling for the slaughter of members of law enforcement.

We see a common thread….   All of these groups, all of these so-called people belonging to the Democratic Party.

What should happen ideally is that all of these types of people, including hoards of illegal immigrants and Middle-Eastern refugees, be moved into the communities and neighborhoods of Democratic legislators, Democratic politicians, Democratic Party leaders, activist judges, Hollywood actors and actresses, liberal talk-show hosts, and editors, producers, columnists, reporters, and commentators of the mainstream media. If these people want to empower such anti-social, violent, psychotic, unpatriotic, dis-believing, dependent, entitled, abhorrent, crazed, unstable, mentally-imbalanced, irresponsible, law-breaking, terrorist individuals, then at least they should know what it’s like to have them living among them.

Anyway, I digress from my main point which is that Obama targeted political opponents, using the full force of the federal government –  a government absolutely prohibited, under the Bill of Rights, from enacting any law or policy that infringes on one’s freedom of speech, freedom to the press (including every blogger and writer who “publishes” in any way information and commentary), right to own and bear firearms (“Shall Not Be Infringed!”), freedom of conscience, right of assembly, and freedom to be safe from unreasonable government searches and seizures (to be safe and secure in one’s home and in one’s private affairs; “to be king of one’s castle”).

Right after Barack Obama took office as president, in early April 2009, he had Attorney General Janet Napolitano and the Department of Homeland Security re-draft guidelines as to who the “real threat” to America is.  This was done without anyone paying any particular attention to it and was done while the country was still shielding their eyes, as if they were looking at the face of the new “messiah.”  According to President Obama, his advisors, and his administration in general, it was no longer radical Islam that posed the greatest threat to our country, but rather, the very people he made fun of in one of his appearances in Pennsylvania — those who “cling to their religion and their guns.”  The DHS document outlining this threat was titled “RIGHTWING EXTREMISM: Current Economic and Political Climate Fueling Resurgence in Radicalization and Recruitment,” and it was issued by the Office of Intelligence and Analysis (within DHS).  You can read the entire document yourself at:  https//fas.org/irp/eprint/rightwing.pdf.  In it, the Department of Homeland Security explains that people like Tea Party groups, white conservatives. Veterans, Christians, Second-amendment supporters, and the like pose a serious threat to the country (and, as mentioned, to Obama’s administration — as he is a black man). These “rightwing extremists,” the report says, are those who will produce white supremacists, will oppose Obama’s policies, will present opposition to his policies on immigration, and in general, will try to organize against him. Because they support the second amendment, the Obama administration labeled them as dangerous, likely to organize and use violence, and put them on the DHS watch list.

Can you even wrap your mind around the sanity of the federal government in deeming God-fearing, law-abiding, Constitution-loving, patriotic conservative Americans to be dangerous to the country, moreso than the likes of those who slaughtered 3000 innocent Americans on 9/11, who have kidnapped and beheaded several of our journalists and contractors, and who have planned and carried out the many attacks on our military personnel and citizens both here and abroad ???   I certainly can’t. A government that can even think of doing so is simply evil and unconstitutionally ambitious.

In embracing Obama’s policy and attempting to sell it to state and local law enforcement and to the country in general, Secretary Janet Napolitano issued the following press release on April 15, 2009, which was posted on the Department of Homeland Security website: “The primary mission of this department is to prevent terrorist attacks on our nation. The document on Right-Wing Extremism sent last week by this department’s Office of Intelligence and Analysis is one in an ongoing series of assessments to provide situational awareness to state, local and tribal law enforcement agencies on the phenomenon and trends of violent radicalization in the United States. I was briefed on the general topic, which is one that struck a nerve as someone personally involved in the Timothy McVeigh prosecution.”  Turning the government against its law-abiding citizens is the very definition of tyranny.

We associate governments targeting, harassing, drumming up false charges, imprisoning, and killing political opponents with the likes of Adolf Hitler and the Nazi Party, with Josef Stalin and the Communist Party, with Pol Pot (Cambodia) and the Communist Khmer Rouge Party, with Pinochet in Chile, with Mao Zedong in China, with Mehmet Talat Pasa in Armenia, with Idi Ami in Uganda, and with the leadership in countries like Rwanda, Bosnia, and Darfur.  We all know that the government rounded up Japanese-Americans and put them in internment camps after the attack on Pearl Harbor. With intimate knowledge of and sensitive information about Pearl Harbor having been obtained by Japanese spy, Takeo Yoshikawa, and transmitted ultimately to Admiral Yamamoto in Japan to finalize plans of the attack, the government could not trust Japanese-Americans to be loyal to the United States over Japan. The camps were dismantled after Japan’s defeat.  We also all know of the McCarthy era and the political movement to weed out Communists and Communist spies from positions of power and access to sensitive information, but that was arguably for reasons of true national security. The relationship between the United States and Russia has become adversarial and competitive for control and influence in the world….  It was an era of intense geopolitics. Every move by Russia (the Soviet Union) became a matter of freedom and tyranny… a matter of individuals being able to live freely or to be controlled by a regime of fear and violence. The two countries emerged as the worlds’ two greatest superpowers, with the ability of annihilating millions of people with their nuclear capability (Russia obtaining the technology thru its espionage activities in the US) and each viewed the other as the enemy and an absolute threat to national security.

No one would ever associate modern day United States with political persecution, yet that’s exactly what happened under the Obama administration. Barack Obama deemed anyone whose views were contrary to his and his administration or whose views and background, and potential, posed a risk to his political agenda as “security threats” to the United States, posing a likely threat of acts of domestic terrorism. Is this not mind-blowing or what??  Paranoid kings of England acted in this manner, paranoid emperors of Rome acted in this manner, Stalin and Hitler acted in this manner, and the list goes on…..  those who think differently pose a threat to those in power. Yes, conservatives think the right to have and bear arms is a right meant to be essentially free from government control (except for mental illness and a violent history). Conservatives believe government control of firearms and ammunition, and talk of confiscation are the hallmarks of a tyrant (like King James II and King George III of England),.  Yes, conservatives believe that a sovereign nation without border control, ie, control over immigration, is not sovereign but merely a temporary state ultimately doomed to mob control. Yes, conservatives believe in the vitality and importance of our very first amendment – the rights to religious liberty, speech, press, assembly, and petition. They believe that a person is endowed with the right to think freely and to think as dictated by his or her religious values, his degree of intelligence and understanding, and as his heart and gut instruct (the “right of conscience”) and that government has no place to coerce thought, speech, and conduct that violates that right of conscience.  Yes, conservatives believe that a woman may have freedom over her body and her fertility (her ability to bring forth new life), but they certainly don’t believe the right is absolute and  includes the right to kill a fully-developed, living child that for the unfortunate reason that nature dictates (not yet been born), it hasn’t yet been able to take its first breath outside the mother’s womb.  Yes, conservatives believe in a limited government. They believe in the government created by the Constitution, which by its terms and provisions is certainly one meant to be limited. They believe a free country means that its citizens are able to freely exercise their God-given rights without over-regulation and intrusion by the government.  They believe in the rights of the individual and not the collective, a distinction made very clear when our country and our government system were established. They believe that a government that forcibly takes from some in order to benefit others, and then relies on those “dependents” as a crucial voting block, is an unconstitutional government – one well on its way to being a socialist government. Yes, conservatives believe in personal responsibility, lower taxes, free markets, and unburdened property rights.  And yes, conservatives believe that federal court judges and Supreme Court justices are limited in their roles on the bench; they are limited by the words, meaning, intent, and historical context of the Constitution and by the plain meaning and legislative intent of federal laws. In other words, they must be strict constructionists, textualists, and originalists, for the Constitution is a statement of the people’s intention for their government, permanently documented and ratified by state conventions specifically organized for that purpose. The only way to change the terms of government and to “evolve” with times is to take advantage of the amendment process outlined in Article V.  Conservatives  are strongly opposed to the notion of a “living, breathing, document” which gives judges and justices full reign to mold and transform the Constitution as they see fit and which allows them to by-pass the democratic process where the people dictate how fast society “progresses.”

Democrats, and especially Obama, believe in the complete opposite. The difference between Obama and other Democratic presidents is that he deceptively, secretly, covertly put programs and policies in place to subdue the opposition (conservatives) and as we are learning now, to deprive them the office of the presidency, in order to move full speed on his progressive, liberal (un-American) policies.  Besides his blatant abuse of the IRS to target conservatives, his interference in investigation and potential prosecution of Hillary Clinton for her intentional abuse of national security procedures by using a personal unsecured email server for official emails, and his creation of a “fake” dossier and his illegal abuse of the FISA warrant policy to spy on the Trump campaign, Judicial Watch has just uncovered documents that show that President Obama attempted to institute gun control stealthily by going after ammunition instead of guns. (It has just filed suit in the district court in DC to compel the ATF to produce its records on the matter).  The first shots of the American Revolution, as most of are unaware, were fired not because of taxation but because King George instructed his man in Massachusetts, General Gage, to locate and destroy all the colonists’ ammunition. And as most are unaware, it was this despotic act that prompted one of my favorite founding fathers, Patrick Henry, to exclaim to the Virginia Convention that famous night on March 23, 1775 at St. John’s Church in Richmond:

They tell us, sir, that we are weak; unable to cope with so formidable an adversary. But when shall we be stronger? Will it be the next week, or the next year?  Will it be when we are totally disarmed, and when a British guard shall be stationed in every house?  Shall we gather strength by irresolution and inaction? Shall we acquire the means of effectual resistance by lying supinely on our backs and hugging the delusive phantom of hope, until our enemies shall have bound us hand and foot?  Sir, we are not weak if we make a proper use of those means which the God of nature hath placed in our power. The millions of people, armed in the holy cause of liberty, and in such a country as that which we possess, are invincible by any force which our enemy can send against us. Besides, sir, we shall not fight our battles alone. There is a just God who presides over the destinies of nations, and who will raise up friends to fight our battles for us.  There is no retreat but in submission and slavery!  Our chains are forged!  Their clanking may be heard on the plains of Boston!  The war is inevitable–and let it come! I repeat it, sir, let it come.

Gentlemen may cry, Peace, Peace.. But there is no peace. The war is actually begun!  The next gale that sweeps from the north will bring to our ears the clash of resounding arms!  Our brethren are already in the field! Why stand we here idle?  Is life so dear, or peace so sweet, as to be purchased at the price of chains and slavery?  Forbid it, Almighty God!  I know not what course others may take; but as for me, give me liberty or give me death!

With that speech, he defended the resolutions he had submitted for Virginia to build and train its militia (one in every county), to be ready to fight the British.

It is one thing to think differently, politically, for that is how citizens advance their issues and concerns in government, but it is another thing to use the government against the people because they think differently. And it is also one thing to think compromise is necessary and always a good thing, when sometimes it’s the very way we erode important foundations.  As Richard Dawkins once said:  “When two opposite points of view are expressed with equal intensity, the truth does not necessarily lie exactly halfway between them. It is possible for one side to be simply wrong.”  If the colonists had accepted Britain’s treatment of them, if they had engaged in endless compromise with its leaders, then America would never have pushed for, and fought for, its independence. Compromise breeds complacency.

If we look back on how President Obama insidiously targeted conservatives, we should take note of how he identified certain traditional “American” values and views and tried to explain them away as being dangerous to the country.  Hitler and Goebbels would have been proud.

The assessment, “RIGHTWING EXTREMISM: Current Economic and Political Climate Fueling Resurgence in Radicalization and Recruitment,” is prefaced by the following “Key Findings” by the Office of Intelligence and Analysis (DHS):

Key Findings:

(U//LES)  The DHS/Office of Intelligence and Analysis (I&A) has no specific information that domestic rightwing* terrorists are currently planning acts of violence, but rightwing extremists may be gaining new recruits by playing on their fears about several emergent issues.  The economic downturn and the election of the first African American president present unique drivers for rightwing radicalization and recruitment.

— (U//LES)  Threats from white supremacist and violent antigovernment groups during 2009 have been largely rhetorical and have not indicated plans to carry out violent acts.  Nevertheless, the consequences of a prolonged economic downturn—including real estate foreclosures, unemployment, and an inability to obtain credit—could create a fertile recruiting environment for rightwing extremists and even result in confrontations between such groups and government authorities similar to those in the past.

— (U//LES)  Rightwing extremists have capitalized on the election of the first African American president, and are focusing their efforts to recruit new members, mobilize existing supporters, and broaden their scope and appeal through propaganda, but they have not yet turned to attack planning.

(U//FOUO)  The current economic and political climate has some similarities to the 1990s when rightwing extremism experienced a resurgence fueled largely by an economic recession, criticism about the outsourcing of jobs, and the perceived threat to U.S. power and sovereignty by other foreign powers.

— (U//FOUO)  During the 1990s, these issues contributed to the growth in the number of domestic rightwing terrorist and extremist groups and an increase in violent acts targeting government facilities, law enforcement officers, banks, and infrastructure sectors.

— (U//FOUO)  Growth of these groups subsided in reaction to increased government scrutiny as a result of the 1995 Oklahoma City bombing and disrupted plots, improvements in the economy, and the continued U.S. standing as the preeminent world power.

(U//FOUO)  The possible passage of new restrictions on firearms and the return of military veterans facing significant challenges reintegrating into their communities could lead to the potential emergence of terrorist groups or lone wolf extremists capable of carrying out violent attacks.

It then explains:

(U)  Current Economic and Political Climate

(U//FOUO)  DHS/I&A assesses that a number of economic and political factors are driving a resurgence in rightwing extremist recruitment and radicalization activity.  Despite similarities to the climate of the 1990s, the threat posed by lone wolves and small terrorist cells is more pronounced than in past years.  In addition, the historical election of an African American president and the prospect of policy changes are proving to be a driving force for rightwing extremist recruitment and radicalization.

— (U)  A recent example of the potential violence associated with a rise in rightwing extremism may be found in the shooting deaths of three police officers in Pittsburgh, Pennsylvania, on 4 April 2009.  The alleged gunman’s reaction reportedly was influenced by his racist ideology and belief in antigovernment conspiracy theories related to gun confiscations, citizen detention camps, and a Jewish-controlled “one world government.”

(U)  Exploiting Economic Downturn

(U//FOUO)  Rightwing extremist chatter on the Internet continues to focus on the economy, the perceived loss of U.S. jobs in the manufacturing and construction sectors, and home foreclosures.  Anti-Semitic extremists attribute these losses to a deliberate conspiracy conducted by a cabal of Jewish “financial elites.”  These “accusatory” tactics are employed to draw new recruits into rightwing extremist groups and further radicalize those already subscribing to extremist beliefs.  DHS/I&A assesses this trend is likely to accelerate if the economy is perceived to worsen.

(U)  Historical Presidential Election

(U//LES)  Rightwing extremists are harnessing this historical election as a recruitment tool.  Many rightwing extremists are antagonistic toward the new presidential administration and its perceived stance on a range of issues, including immigration and citizenship, the expansion of social programs to minorities, and restrictions on firearms ownership and use.  Rightwing extremists are increasingly galvanized by these concerns and leverage them as drivers for recruitment.  From the 2008 election timeframe to the present, rightwing extremists have capitalized on related racial and political prejudices in expanded propaganda campaigns, thereby reaching out to a wider audience of potential sympathizers.

 — (U//LES)  Most statements by rightwing extremists have been rhetorical, expressing concerns about the election of the first African American president, but stopping short of calls for violent action.  In two instances in the run-up to the election, extremists appeared to be in the early planning stages of some threatening activity targeting the Democratic nominee, but law enforcement interceded.

(U)  Revisiting the 1990s

 (U//FOUO)  Paralleling the current national climate, rightwing extremists during the 1990s exploited a variety of social issues and political themes to increase group visibility and recruit new members.  Prominent among these themes were the militia movement’s opposition to gun control efforts, criticism of free trade agreements (particularly those with Mexico), and highlighting perceived government infringement on civil liberties as well as white supremacists’ longstanding exploitation of social issues such as abortion, inter-racial crimes, and same-sex marriage.  During the 1990s, these issues contributed to the growth in the number of domestic rightwing terrorist and extremist groups and an increase in violent acts targeting government facilities, law enforcement officers, banks, and infrastructure sector.

(U)  Illegal Immigration

(U//FOUO)  Rightwing extremists were concerned during the 1990s with the perception that illegal immigrants were taking away American jobs through their willingness to work at significantly lower wages.  They also opposed free trade agreements, arguing that these arrangements resulted in Americans losing jobs to countries such as Mexico.

(U//FOUO)  Over the past five years, various rightwing extremists, including militias and white supremacists, have adopted the immigration issue as a call to action, rallying point, and recruiting tool.  Debates over appropriate immigration levels and enforcement policy generally fall within the realm of protected political speech under the First Amendment, but in some cases, anti-immigration or strident pro-enforcement fervor has been directed against specific groups and has the potential to turn violent.

(U//FOUO)  DHS/I&A assesses that rightwing extremist groups’ frustration over a perceived lack of government action on illegal immigration has the potential to incite individuals or small groups toward violence.  If such violence were to occur, it likely would be isolated, small-scale, and directed at specific immigration-related targets.

— (U//FOUO)  DHS/I&A notes that prominent civil rights organizations have observed an increase in anti-Hispanic crimes over the past five years.

(U)  Legislative and Judicial Drivers

(U//FOUO)  Many rightwing extremist groups perceive recent gun control legislation as a threat to their right to bear arms and in response have increased weapons and ammunition stockpiling, as well as renewed participation in paramilitary training exercises.  Such activity, combined with a heightened level of extremist paranoia, has the potential to facilitate criminal activity and violence.

— (U//FOUO)  During the 1990s, rightwing extremist hostility toward government was fueled by the implementation of restrictive gun laws—such as the Brady Law that established a 5-day waiting period prior to purchasing a handgun and the 1994 Violent Crime Control and Law Enforcement Act that limited the sale of various types of assault rifles—and federal law enforcement’s handling of the confrontations at Waco, Texas and Ruby Ridge, Idaho.

The assessment also informs: “The information is provided to federal, state, local, and tribal counterterrorism and law enforcement officials so they may effectively deter, prevent, preempt, or respond to terrorist attacks against the United States.  Federal efforts to influence domestic public opinion must be conducted in an overt and transparent manner, clearly identifying United States Government sponsorship.”

Through the DHS and its directive (“Rightwing Extremism…..”), the Obama administration was almost “deputizing state and local law enforcement” to do the government’s bidding.  We truly weren’t a “free country” during those years.

Clearly, the “assessment” by the Office of Intelligence and Analysis (DHS) was meant to identify the threat to OBAMA and to his administration and his agenda, rather than to the United States and to its security and its citizens.  The identification of Rightwing groups and individuals as potential “domestic terrorists” is predicated wholly and improperly on a difference of political opinion and political viewpoint. It is as clear a violation of the First Amendment’s guarantee of Free Speech and Freedom of Conscience as it gets.

Anyone who can connect dots can see that Obama used the full forces of the federal government to target, harass, discriminate against, and to neutralize Tea Party groups and other conservatives. It is why he used the IRS to block Tea Party groups from organizing (they were denied, exclusively, the ability to organize as a 501(c)(3) tax-exempt groups for political purposes), to go out and harass and excessively audit them, and why he had Dinesh D’Souza thrown in jail.  With this in mind, it’s not hard to see why he did everything possible to divide the country into groups violently opposed to conservatives and then to use government agencies to work silently to make sure Hillary Clinton won the 2016 election and to make sure Trump did not. It’s why they are still fighting Trump (and the conservatives in general). It’s become violent.

So far, President Trump reversed that policy and put the focus back on radical Islamists. He has not turned the tables on Democrats and their venomous, vile, and violent ilk and put them under the microscope by Homeland Security. But maybe he should.  Democrats have become a dangerous and obstructive force in our country – spewing and inciting hatred, division, and violence. They care little for political discourse so it isn’t about free speech; rather, it’s about getting Donald Trump out of office in any conceivable way possible, even if it has to be by creating a false and fictitious charge or by bombarding the American audience with a false narrative. It’s strictly a power ploy, designed to make useful idiots out of useless ones (Democrat voters) for the purpose of denying political power to the legitimate party, the Republican Party (duly elected by the people, thru the Electoral System; a government “by the people”) and transferring it, by a political coup, to the Democratic Party elite.

Trump is far too honorable and responsible of a president to ever consider turning the government against its citizens because unlike Obama, who supposedly taught Constitutional Law and an “expert on the Constitution,” Trump has an uncanny understanding of it and a deep respect for it.  He also understands and respects that the government belongs to the people, through their collective judgement and their action at the ballot box, and not to the puppet masters of a Political Party.

Here is another example of an approach where compromise cannot be sought. One approach is clearly wrong.

We must never again allow an administration to forcibly, or even tacitly, silence the voice of political opposition.  We must ever remain vigilant.

“Once a government is committed to the principle of silencing the voice of opposition, it has only one way to go, and that is down the path of increasingly repressive measures, until it becomes a source of terror to all its citizens and creates a country where everyone lives in fear.” President Harry Truman spoke these words on August 8, 1950 in a special message to Congress on the Internal Security of the US.

Liberty, and the US Constitution, must always be those gems worth fighting for.  Both belong to the people; both are the birthright of every American.

 

References:

“Rightwing Extremism: Current Economic and Political Climate Fueling Resurgence in Radicalization and Recruitment,” (An Assessment), Office of Intelligence and Analysis, the Department of Homeland Security (DHS), April 7, 2009 –  https://fas.org/irp/eprint/rightwing.pdf

Paulina Dedaj, “Maxine Waters Supporters Burn American Flag Outside California Rep’s Office,” FOX News, July 20, 2018.  Referenced at:  http://www.foxnews.com/politics/2018/07/19/counterprotesters-burn-american-flag-outside-office-maxine-waters.html

Carlos Granda, “Oath Keepers Calls Off Protest Outside Maxine Waters’ Los Angeles Office,” ABC7 News, July 20, 2018.  Referenced at:  http://abc7.com/politics/oath-keepers-calls-off-protest-at-maxine-waters-office/3789197/

“Statement by U.S. Department of Homeland Security Secretary Janet Napolitano on the Threat of Right-Wing Extremism,” Department of Homeland Security, April 15, 2009.  Referenced at:  https://www.dhs.gov/news/2009/04/15/secretary-napolitanos-statement-right-wing-extremism-threat

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A Government of the People, By the People, For the People… How it Really Works, According to Thomas Jefferson

THOMAS JEFFERSON - Time magazine cover

by Diane Rufino, September 20, 2017

Thomas Jefferson articulated the absolute right of a state to secede from the Union. He did so in 1798, in 1799, in 1816, and up until his death in 1826 (July 4, the 50th anniversary of the signing of the Declaration of Independence). The right of self-determination was proclaimed in the Declaration as a founding principle and was never surrendered in the Constitution. In fact, Jefferson and Madison (1798 and 1800, in his written documents explaining the nature of the agreement known as the US Constitution) both agreed that such an inherent right can never be contracted away, although it should be reserved for extreme cases.

For Jefferson in 1816, the States had a clear right to leave the union. Government power, he reasoned, should never be concentrated at the top but rather at the bottom, closest to the people. If such were the case, there should never arise the level of tyranny that would warrant the drastic remedy of secession. The key, therefore, is to keep government closest to the people. Jefferson explained that the way to do this is to vest government only with those responsibilities that are absolutely necessary and those which people, in their individual capacity, cannot do or cannot be trusted to do and then to divide those responsibilities accordingly – with the governmental bodies closest to the people (localities) being responsible for the interests and affairs that touch on their lives most directly – their property, their livelihoods, their customs and communities, their education concerns, etc – and the government farthest away from them (Washington, DC) being responsible for the matters that are most external to their everyday lives, such as national security, international affairs and diplomacy, inter-state commerce, etc.

From Kevin Gutzman’s exceptional book, THOMAS JEFFERSON, REVOLUTIONARY:

Explaining the subdivision of government power, into “ward republics,” Jefferson wrote: “The way to have good and safe government is not to trust it all to one, but rather to divide it among the many, distributing to every one exactly the functions he is competent to. Let the National government be entrusted with the defense of the nation and its foreign and federal relations, the State governments with the civil rights, laws, police, and administration of what concerns the state generally, and the Counties with the local concerns of the counties; each Ward directs the interests within itself. It is by dividing and subdividing these republics from the great National one down through all its subordinations, until it ends in the administration of every man’s farm and affairs by himself, by placing under everyone what his own eye may superintend, that all will be done for the best…. I do believe that if the Almighty has not decreed that Man shall never be free (and it is blasphemy to believe it) that the secret will be found to be in the making of himself the depository of the powers respecting himself, so far as he is competent to them, and delegating only what is beyond his competence by a synthetic process, to higher and higher orders of functionaries, so as to trust fewer and fewer powers, in proportion as the trustees become more and more oligarchical. The elementary republics of the Wards – the county republics, the State republics, and the republic of the Union – would form a gradation of authorities, standing each on the basis of law, holding every one of its delegated share of powers, and constituting truly a system of fundamental checks and balances for the government. Where every man is a sharer in the direction of his ward-republic, or of some of the higher ones, and feels that he is a participator in the government of affairs not merely at an election, one day in the year, but every day; when there shall not be a man in the state who will not be a member of one of its councils, great or small, he will let the heart be torn out of his body sooner than his power he wrenched from him by a Caesar or a Bonaparte.”

The Roman Empire fell when its ruling authority in Rome presided over too large and diverse of a group to represent them and their interests properly in a concentrated government body. And the same is happening here in the United States. If we hope to make this country the one that it was originally destined to be, the country that Thomas Jefferson dreamed of and worked his life to guide, then we need to push for solutions that return power back to the people…  In my favorite movie, GLADIATOR, Emperor Marcus Aurelius confides in his loyal general, Maximus, and conveys his dying wish: “There was once a dream that was Rome. You could only whisper it. Anything more than a whisper and it would vanish… it was so fragile. And I fear that it will not survive the winter…….. There is one more duty that I ask of you before you go home. I want you to become the protector of Rome after I die. I will empower you to one end alone, to give power back to the people of Rome and end the corruption that has crippled it. It must be you. it must be you. You have not been corrupted by her politics.”

We are Rome. We are a republic in name only, and have been for a very long time now.  We must acknowledge that. Each congressman represents too large and diverse of a group of people (at least 700,000 individuals per congressional district) to act as a meaningful advocate in government, and each senator, representing each person in his or her state, has the same problem. And so, our elected representatives no longer work for us or our interests;  they become agents for the interests and preservation of the federal government – a government that becomes more interested in “the common good” with each year of its existence. Republics are only successful when they are relatively small, when the ratio of elected representatives to the constituency remains workable. The solution to returning power to the people is to subdivide our one great republic into smaller republics (as Jefferson called them, “ward republics”) – to subdivide government power with the greatest control over the individual and his or her everyday life vested in those government bodies most local and closest to the people.

A big government is not our friend, although it likes to portray itself as such. We’ve seen its violations against us over the years, including collecting our personal information, lying to the American people, refusing to punish those in office who have broken criminal laws (and have even skirted on treason), taxing us excessively (including to support terrorist regimes such as Iran and Pakistan), forcing people to purchase health insurance not because they need it but because others need it, opening our borders to leave our communities and jobs vulnerable, judicial activism from the courts, obstruction in our attempts to legitimize the election process, and most recently, wiretapping political a presidential candidate to undermine the success of a threatening political movement. Ask yourself one question: What power do We the People think really have over the governing of our states and our country?  The key to the security of freedom is the control the people have in their government. James Madison once wrote: “I believe there are more instances of the abridgement of freedom of the people by gradual and silent encroachments by those in power than by violent and sudden usurpations.”

The era of King George III is here. Americans have a history of how to respond to such tyranny…. Unless, of course, we have truly become Rome.

Edward Snowden, labeled both a patriot by many and a traitor by some, said: “Being a patriot doesn’t mean prioritizing service to government above all else. Being a patriot means knowing when to protect your country, knowing when to protect your Constitution, knowing when to protect your countrymen, from the violations of and encroachments of adversaries. And those adversaries don’t have to be foreign countries.”

 

Reference:  Kevin Gutzman, Thomas Jefferson – Revolutionary, St. Martin’s Press, NY (2017).

The IRS Scandal: A Study in Government Tyranny

JEFFERSON - When the People Fear Government, there is Tyranny by Diane Rufino, April 19, 2017

“The Obama administration and its fronts in the Senate accomplished what Richard Nixon wasn’t able to accomplish, which was the suppression of an entire movement against him. That’s how you steal an election; you make sure your political opponents can’t open an office.”  —  Tom Fitton, president of Judicial Watch, which has sued the IRS to obtain documents related to the controversy

From 2010 until 2013, the IRS, under President Barack Obama, intentionally targeted Tea Party and other conservative groups applying for 501(c) tax-exemption by delaying the processing of their applications, requesting burdensome information from them that was later deemed unnecessary, and by intimidating them into withdrawing their applications. The scheme was intended to intimidate and/or stop Tea Party and other conservative groups from engaging in political activity in the 2012 presidential election and in subsequent mid-term elections. The abuse by the IRS was orchestrated in response to the growing Tea Party/ conservative/ grassroots movement (which all of a sudden were applying in great numbers for tax-exempt organization status and which were donating in large amounts to Republican candidates and elections). The actions of the government, spearheaded by President Obama, were a clear example of government tyranny – using terror and intimidation (the full resources of the federal government) to silence political opposition.

As Rep. Darrell Issa and Rep. Jim Jordan of the House Oversight Committee explained in a letter to IRS Commissioner John Koshinen: “This revelation that the IRS sent 1.1 million pages of nonprofit tax-return data — including confidential taxpayer information — to the FBI confirms suspicions that the IRS worked with the Justice Department to facilitate the potential investigation of nonprofit groups engaged in lawful political speech.”

To date, and there is no surprise here, the IRS and its officials, have escaped justice and punishment. Its aggressive 3-year campaign against conservative grassroots organizations to suppress their first amendment rights of speech, expression, and assembly, and its illegal leaking of private tax information for political purposes, and its turning of the executive branch of the federal government into a thug ring for the Democratic Party has been explained away as mere incompetency and a lack of proper oversight.

The fact that Lois Lerner escaped prison, that records were destroyed in a campaign to obstruct justice and allow other guilty parties to escape punishment, and that John Koskinen retain his job as the IRS commissioner are scandals in and of themselves. Last fall, House Republicans took steps to have John Koskinen removed by impeaching him for his role in covering up Lerner’s crimes, his misleading a congressional investigation, his obstruction of Congress (defying a subpoena), and outright lying to Congress. Unfortunately, on December 6, House GOP leaders managed to derail impeachment, forcing the debate back to a committee for more study, where it silently died when Congress adjourned at the end of the year.

While most believe the scandal and the government abuse subsided in 2013 when the Treasury Inspector General for Tax Administration released an audit report concluded that the IRS had in fact used inappropriate criteria to identify, target, and then harass Tea Party and other conservative organizations in their applications for 501(c) tax-exempt status, the fact is that the IRS continued to improperly use its power to influence the 2016 presidential campaign and apparently still has hold-over rogue elements from the Obama administration who are secretly trying to undermine Donald Trump’s presidency. How else could Donald Trump’s tax returns have been leaked?  How else was it possible that Trump’s 1995 tax information was leaked during the 2016 presidential election season to Clinton’s team, just in time for the presidential debates? How can we forget her accusation and then the ensuing political pressure from the media for Trump to release his tax returns.  Remember what she said in the September 2016 debate;  “You’ve gotta ask yourself, why won’t he release his tax returns? And I think there may be a couple of reasons. First, maybe he’s not as rich as he says he is. Second, maybe he’s not as charitable as he claims to be. Third, we don’t know all of his business dealings, but we have been told, through investigative reporting that, he owes about $650 million to Wall Street and foreign banks. Or maybe he doesn’t want the American people, all of you watching tonight, to know that he’s paid nothing in federal taxes. Because the only years that anybody has ever seen, were a couple of years where he had to turn them over to state authorities when he was trying to get a casino license. And they showed he didn’t pay any federal income tax.”

And how was it that an “anonymous” package with Trump’s 2005 tax return and tax info was mailed to the New York Times in early March?  [See my article “How Quickly Trump’s Tax Return Story Has Disappeared,” April 23, 2017].  Someone at the IRS, apparently still having the capability of treating it as a rogue agency, committed a felony. And Rachel Maddow of MSNBC, who received the tax returns from the Times and who was salivating over the chance to humiliate Trump, chose to insinuate that our President was the criminal and not the felon from the federal government.

Why do I suggest that the “leaked” tax information during the presidential campaign season and the anonymous package to the NY Times containing Trump’s 2005 tax return came from a rogue element still entrenched in the IRS?  Oh geeeezz, let me see…   All one needs to do is recall the 2012 targeting of Tea Party and other conservative groups by the IRS for the purpose of reelecting President Obama.  The thought of someone at the agency doing a similar favor for Obama’s successor doesn’t seem so far-fetched. The tendency to hold on to power is natural.  Machiavelli explained this to us. The link between the IRS and Trump’s leaked tax returns is persuasive.

Furthermore, the history and modus operandi of both Hillary Clinton and Lois Lerner, head of the Exempt Organizations Unit of the IRS and mastermind of the Tea Party targeting scandal, appear very similar similar….  break rules, skirt the law, and then destroy evidence by deleting emails and destroying hard drives and servers. It’s a Democrat thing.  They benefit from the lawbreaking but escape justice by destroying evidence, which is itself a crime. Both used their positions in government not to genuinely and constitutionally serve the legitimate interests of the American people in general, but rather to advance personal and/or political goals. Lerner targeted the Tea Party. And Hillary collected lots of money by making personal deals while as Secretary of State to enrich her presidential campaign.  And then she had officials of the government “provide” her with ammunition (Trump’s tax returns) to beat Donald Trump.  Both “lost” or destroyed the emails that would have proven their crimes.

The New York Times says “someone” sent the documents to a reporter so it has no criminal liability in publishing it. Constitutional law is fairly firm on this point. But as a lawyer, I find that at times it fails to pass the “smell test.” In other words, the policy sometimes stinks!!  How is an ordinary citizen supposed to reconcile this reality:  “If a private citizen receives stolen property, they go to jail.  But if a reporter receives stolen documents, they receive the Pulitzer Prize.”  [Daniel John Sobieski, “Rogue IRS Felons Vindicate Trump.” American Thinker]. To the very end, the Obama administration, through the officials he put in place, used the power of the federal government for strictly political purposes – for the purpose of assassinating the character of a presidential candidate, helping Hillary Clinton win the election, and to further entrench the agenda of the Democratic party in government. The IRS had never ceased serving as the nefarious arm of the political left to target conservatives and lessen their chances in the political arena. And even as a new administration is taking over the federal government, Obama officials still in remaining at the agency are using the same power to obstruct the efforts of a legitimately-elected president of another (an opposing) political party.

Think about this –  Hillary Clinton, as a candidate for president, continued to receive the highest levels of support from the government (including control of the media and access to illegally-disclosed confidential information) even after she had abused that government’s power and prestige and had clearly broken many of the laws put in place to provide transparency to the American people. And, the President of the United States and the Democratic Party (the party having full control and power in government) co-opted all the functions, resources, and instrumentalities of t government, and their influence/pressure as well, in order to help her and to interfere in the campaign of a presidential candidate that threatened their power. It wasn’t the Russians. It was the Obama administration itself.  If this isn’t the definition of government tyranny or the definition of government corruption, I don’t know what is.

It’s about time the American people learned the true extent to which the government had turned on them, had violated their precious liberties, sought to target and silence them, and threatened their voice in government.  This investigation is necessary so that We the People, and conservative watchdog groups, can seek protections to make sure it never happens again.

We exercise the First Amendment so that we don’t have to exercise the Second !!

INTRO — 

We all know how fundamental the rights of conscience, religion, and speech are.  The rights of conscience and religion are the beginnings of thought.  Speech is how we express that thought.

More than that, from a liberty point of view, it is our first amendment right that protects all the others by giving voice and publication when government violates them. It alerts the People to weigh for themselves how much they value their rights and liberties. And then it is the second amendment that ultimately secures all other rights from tyranny in government.

In the IRS scandal, we had the Obama administration using the IRS as a tool of terror, of intimidation to silence the Tea Party –  his party’s political opposition. In theory and practice, it was much like Hitler and his gestapo. Political speech was frozen by government action, first and foremost, and then there were the Tea Party groups and folks who self-censored for fear of having the IRS target them, audit them, and god-forbid come up with some trumped-up charge to make their lives a living hell, fine them, or imprison them.

Why?  Because he was working to win the 2012 election for himself and his party and to win mid-term elections.  In fact, documents released just last week by Judicial Watch confirm that President Obama’s IRS improperly targeted conservatives in order to help him win the 2012 presidential election.

On April 14, 2015, Judicial Watch announced it filed a Freedom of Information Act (FOIA) lawsuit against the IRS seeking “any and all records” related to the selection of both individuals and organizations for audits based upon applications filed requesting nonprofit tax status.

Political speech and expression is the most protectable form of speech; it was intended to help We the People flesh out ideas, assess honestly and fully what the government is doing, figure out which candidates are best to govern on our behalf, and to see that government operates as best and as responsibly as possible from our end. Our Founding Fathers appreciated the importance of protected political speech from the lessons taught throughout the colorful history of England. We can never forget that the government is OUR government and not the government of a political party. It operates on us, as individuals, in our lives, our property, our revenue, our liberty, and in our ability to live freely. Political parties are merely political organizations looking for power, not human results.

THE IRS and TAX-EXEMPTION

US federal tax law, specifically Section 501(c)(4) of the IRS code (26 U.S.C. § 501(c)), exempts certain types of nonprofit organizations from having to pay federal income tax. The statutory language of IRC 501(c)(4) generally requires civic organizations described in that section to be “operated exclusively for the promotion of social welfare“. Treasury regulations interpreting this statutory language apply a more relaxed standard, namely, that the organization “is operated primarily for the purpose of bringing about civic betterments and social improvements.” As a result, the IRS traditionally has permitted organizations described in IRC 501(c)(4) to engage in lobbying and political campaign activities if those activities are not the organization’s primary activity.

TIMELINE of the IRS SCANDAL —

(1)  On January 21, 2010, the Supreme Court decided Citizens United v. Federal Election Commission, 558 U.S. 310 (2010) is a U.S. constitutional law and corporate law case dealing with the regulation of campaign spending by organizations. The United States Supreme Court held (5–4) that freedom of speech prohibited the government from restricting independent political expenditures by a nonprofit corporation. The principles articulated by the Supreme Court in the case have also been extended to for-profit corporations, labor unions and other associations.

All of a sudden, non-profit groups could spend money to engage in political activity and to influence elections. At the time, the Tea Party movement had just taken off, and:

  • Most of the applications to the IRS for tax-exempt 501(c) status were conservative groups, and
  • Most of the money pouring into TV and radio ads to influence elections were from conservative groups to benefit Republican candidates

(2)  Beginning in March 2010, when the Tea Party movement was the rage, the IRS more closely scrutinized certain organizations applying for tax-exempt status under sections 501(c)(3) and 501(c)(4) of the Internal Revenue Code by focusing on groups with certain words in their names. IRS staffers began flagging applications from groups with politically themed names like “We the People” and “Take Back the Country.” Staffers also targeted groups whose names included the words “Tea Party,” “patriots,” and “912” (a movement started by Glenn Beck). Those flagged applications were then sent to specialists for a more rigorous review than is typical. (This info, this timeline, came from a draft report by the Treasury Inspector General for Tax Administration, May 2013).

In May 2010, some employees of the “Determinations Unit” of the Cincinnati office of the IRS, which is tasked with reviewing applications pertaining to tax-exempt status, began developing a spreadsheet that became known as the “Be On the Look Out” (“BOLO”) list.

The list, first distributed in August 2010, suggested intensive scrutiny of applicants with names related to a number of political causes, including names related to the Tea Party movement and other conservative causes. Eventually, IRS employees in Ohio, California, and Washington, DC applied closer scrutiny to applications from organizations that:

  • referenced words such as “Tea Party“, “Patriots”, or “9/12 Project“, “progressive,” “occupy,” “Israel,” “open source software,” “medical marijuana” and “occupied territory advocacy” in the case file;[34][35]
  • outlined issues in the application that included government spending, government debt, or taxes;
  • involved advocating or lobbying to “make America a better place to live”;
  • had statements in the case file that criticized how the country is being run;
  • advocated education about theConstitution and the Bill of Rights;
  • were focused on challenging thePatient Protection and Affordable Care Act—known by many as Obamacare;
  • questioned the integrity of federal elections.

Over the two years between April 2010 and April 2012, there was an increase of applications for 501(c) tax-exempt status – from 1,500 applications to more than double that amount, 3,400.  The government (controlled by Democrats) took notice.  The IRS essentially placed on hold the processing of applications for 501(c)(4) tax-exemption status received from organizations with “Tea Party”, “patriots”, or “9/12” in their names. While apparently none of these organizations’ applications were denied during this period, only 4 were approved. During the same general period, the agency approved applications from several dozen presumably liberal-leaning organizations whose names included terms such as “progressive”, “progress”, “liberal”, or “equality.  Only 3 groups were targeted had the word “occupy” in their name.

Tea Party groups targeted by the IRS for scrutiny and delay were forced to provide such information as:

  • Names, addresses, and emails of all their members
  • Names, addresses, and emails of everyone who has ever attended any of their meetings
  • The names of the donors, contributors, and grantors. If the donor, contributor, or grantor has run or will run for a public office, identify the office. If not, please confirm by answering this question “No”.
  • The amounts of each of the donations, contributions, and grants and the dates you received them.
  • How did the group use these donations, contributions, and grants. Provide Details.
  • A copy of every presentation given by every speaker at their meetings
  • A copy of the flyer or announcement for each meeting
  • Copies of all materials passed out at all meetings
  • Biographies of every speaker at their meetings
  • “Provide the following information for the income you received and raised for the years from inception to the present. Also, provide the same information for the income you expect to receive and raise for 2012, 2013, and 2014.”
  • Copies of any contracts the group is a party to
  • Copies of all training materials the group has used or will use with the Koch Foundation
  • Copies of stories and articles that have been published about the organization and/or any of its members.

Organizations were told that if the information was not provided, they would not be certified as “tax-exempt.”  And even if all the information was provided, the IRS would scrutinize it and further delay the application by following up with probing questions. For example, The Coalition for Life of Iowa, a pro-life group, was asked to “Please explain how all of your activities, including the prayer meetings held outside of Planned Parenthood are considered educational as defined under 501(c)(3). Please explain in detail the activities at these prayer meetings. Also, please provide the percentage of time your group spends on prayer groups as compared with other activities of the organization.”

(3)  In June 2011, Lois Lerner, Director of the director of the Exempt Organizations Unit of the Internal Revenue Service (IRS), reportedly became aware of what was going on and directed staffers to change to how they vetted nonprofit applications.

(4)  By the spring of 2012, so many conservative groups had complained about the IRS harassing them that Republicans in Congress took notice. Rep. Charles Boustany (R-La.) sent the IRS a letter asking why it was targeting Tea partiers, and Rep. Darrell Issa (R-Calif.) held a hearing in which he grilled then-IRS Commissioner Douglas Shulman, a George W. Bush appointee, over the agency’s treatment of conservative groups. Shulman denied that his agency was targeting conservatives, and the controversy remained quiet until Lerner’s apology (in May; see below).

(5)  In early May 2013, the Treasury Inspector General for Tax Administration, Michael McKenney, released a preliminary audit report confirming that the IRS used inappropriate criteria to identify potential political cases, including organizations with Tea Party in their names. The final report would be released on May 14.

(6)  On May 10, in advance of the public release of the audit findings, Director of the IRS Exempt Organizations division of the IRS, Lois Lerner, “apologized” for what she termed were “absolutely inappropriate” actions by the IRS. She would then blame the actions on lower-ranked employees out of a Cincinnati office.

(7)  On May 12, Republican and Democratic lawmakers called for a full investigation of the IRS. At a  press conference the next day, President Obama called the charges “outrageous” if true, and said those responsible should be held accountable.  On May 14, Attorney General Eric Holder ordered the Justice Department to begin an investigation as to whether the conduct amounted to criminal behavior.

(8)  The Treasury Inspector General for Tax Administration found gross violations. His investigation found that of the 296 total conservative non-profit applications reviewed in the audit conduct in December 2012, no work at all was conducted on them for at least 13 months. Of those 296 applications, 108 had been approved, 28 were withdrawn by the applicant because of frustration and seeming harassment, none had been denied, and 160 were left open – without moving them forward – for more than three years and spanning two election cycles, During that time, the organizations were hit with burdensome questions and numerous requests for more information.

Clearly, the IRS was abusing its power.  Clearly, the Obama administration was abusing its government power to silence political opposition.

(9)  In early May, following the Inspector General’s report, the House Committee on Oversight and Government Reform, chaired by Rep. Darrell Issa (R-OH), began an investigation into the IRS. Additionally, the House Committee on Ways and Means expanded its ongoing 2011 investigation into possible IRS political targeting.

On May 22, 2013, in her opening statement to the Oversight Committee, Lois Lerner stated: “I have not broken any laws. I have not violated any IRS rules or regulations. And I have not provided false information to this or any other congressional committee.” Lerner then invoked her Fifth Amendment right against self-incrimination and refused to testify.

House Republicans dismissed Lerner’s invocation of the Fifth Amendment as ineffective, with chairman Issa (R- OH) stating: “You don’t get to use a public hearing to tell the public and press your side of the story and then invoke the Fifth.”  Democrats characterized the contempt proceeding as a “witch hunt” geared toward the 2014 midterm elections.

(10)  In June 2013, the IRS revealed that it had selected political groups applying for tax-exempt status for intensive scrutiny based on their names or political themes. In other words, they were intentionally targeting conservative groups – particularly ones with the name “Tea Party” or “Patriot” or “912” in their name. It admitted that it improperly frustrated and held up their applications. Judicial Watch has recently confirmed (thanks to documents obtained under the Freedom of Information Act) that the targeting began in 2010.

(11)  In August 2013, Democratic congressman Chris Van Hollen (Md) filed suit against the IRS seeking to overturn a rule that had been on the books since 1959 which allowed social welfare groups to engage in political activity. For 54 years, the IRS has respected that rule and has allowed 501(c)(4) groups to engage in political activity, as long as it wasn’t their primary mission. That rule has been widely interpreted as allowing such tax-exempt groups to spend 49% of their money on politics — without disclosing where that money came from.

It was this 1959 IRS rule that was at the center of Tea Party scandal.

However, more insidiously, the law suit had a lot to do with the greater flexibility granted to groups to engage in political expression with the 2010 Citizens United Supreme Court decision.. This case overturned many previous restrictions on political campaign spending and allowed nearly unlimited and often anonymous spending by corporations and other groups to influence elections. Some Tea Party leaders began forming political action committees as offshoots of their 501(c)-tax-exempt organizations –  501(c)(4) groups – to spend money to influence elections or at least to become politically involved.

So, in 2012, Obama won re-election, although very narrowly.  Tea Party groups were actively speaking out against Obamacare and his bail-out policies, and everything else. And now they have been empowered to continue being active, by the Citizens united decision. Tea Party groups started raising money and pouring money into what is called “anonymous politics” –  not being part of the Republican or Democratic parties. Ordinary citizens, exercising their right of political expression in groups (where there is more power than being exercised at the individual level).

In September 2010, it was reported by The New York Times that almost all of the biggest players among third-party groups, in terms of buying television time in House and Senate races since August of that year, have been 501(c) organizations, and their purchases have heavily favored Republicans….     Remember, the Tea Party movement essentially started in 2009 – 2010.  [CNBC’s Rick Santelli was on the floor of Chicago’s mercantile exchange in Feb. 2009, ranting about the government’s bail-out policy and announced: He urged all capitalists to join him to start a new Tea Party movement].

Between 2010 and 2012, the number of applications the IRS received each year seeking 501(c)(4) certification doubled, many being Tea Party groups and other conservative groups. Democrats became worried. By early 2012, House and Senate Democrats started pressuring the IRS to scrutinize 501(c) non-profit applications and make sure they aren’t seeking the status to engage in political activity.

Van Hollen, who was chairman of the Democratic Congressional Campaign Committee, by filing the lawsuit sought to force the IRS to draft new rules requiring that the tax-exempt 501(c)(4) groups strictly comply with the section of the IRS code that requires such groups to be “operated exclusively for the promotion of social welfare.”  Van Hollen and the Democratic Congressional Campaign Committee sought to limit conservative 501(c) non-profit groups from pouring money into political campaigns.

Apparently, Van Hollen didn’t like how Democrats were responding to the emerging scandal which had just broken 2 months earlier and was hoping to emphasize the point that under the Obama administration, the IRS was merely trying to resolve the legal issues surrounding political activities by tax-exempt groups and return to the intention of the IRS code for tax exemption – to further social work.

Jay Sekulow and his American Center for Law & Justice, represented 41 Tea Party groups and sued the IRS over what he called “Political Targeting.” He said that Van Hollen’s agenda raises “serious First Amendment issues.”

Sekulow said: “Political speech is protected by the First Amendment.  Anonymous pamphleteering is as old as our country, and deserves just as much constitutional protection.”  He also said: “If Van Hollen wants to change the code, he should do that through the legislative process” and not try to by-pass the rightful branch, the legislative branch, by going to the improper branch, the judicial branch (or the federal courts).

(12)  On January 15, 2014, the FBI announced that it had found no evidence warranting the filing of federal criminal charges in connection with the affair. The FBI stated it found no evidence of “enemy hunting” of the kind that had been suspected, but that the investigation did reveal the IRS to be a mismanaged bureaucracy enforcing rules that IRS personnel did not fully understand. The officials indicated, however, that the investigation would continue.

Disturbingly, in February, while the investigation by the Department of Justice (DOJ) was ongoing, President Obama stated there was “not a smidgeon of corruption” at the IRS.

(13)  On April 9, the House Committee on Ways and Means voted to send a letter to the Department of Justice referring former IRS Exempt Organizations Division Director Lois G. Lerner for criminal prosecution. The Committee’s nearly three-year investigation uncovered evidence of willful misconduct on the part of Ms. Lerner.   In particular, the Committee found that Ms. Lerner used her position to improperly influence IRS action against conservative organizations, denying these groups due process and equal protection rights under the law.  The Committee also found she impeded official investigations by providing misleading statements in response to questions from the Treasury Inspector General for Tax Administration.  Finally, Lerner risked exposing, and it was actually alleged (even in a lawsuit) that she did expose, confidential taxpayer information, in apparent violation of IRS section 6103 by using her personal email to conduct official business.

(14)  Two months later, on June 13, the IRS notified Republican congressional investigators that it had lost Lerner’s emails from January 2009 to April 2011 because of a mid-2011 computer crash.  The emails were under subpoena as part of the congressional investigation. June 19, the IRS said that the damaged hard drive containing Lerner’s missing emails had been disposed of more than two years prior.

On July 9, 2014, Republicans released an April 13, 2013 email from Lerner in which she cautioned colleagues to “be cautious about what we say in emails.”

(15)  On September 5, the IRS said it lost additional emails of five workers under congressional investigation, blaming computer crashes. These five workers include two people based in Cincinnati who worked on Tea Party cases.  According to the IRS, the crashes all predate congressional investigations and had occurred between September 2009 and February 2014.

(16)  On September 5, 2014, the Senate Permanent Subcommittee on Investigations released its report on the scandal, finding that inappropriate screening criteria were definitely used but concluded that there was no intentional wrongdoing or political bias in the use of the criteria.  A few months later, in December, Chairman Issa released a new report that found that “the IRS’s inability to keep politics out of objective decisions about interpretation of the tax code damaged its primary function: an apolitical tax collector that Americans can trust to treat them fairly.”

(17)  In January 2015, the US Senate requested that the White House produce all communications it has had with the IRS since 2010.

(18)  On August 5, 2015, the Senate Finance Committee released a report that concluded that management at the IRS had been “delinquent in its responsibility to provide effective control, guidance, and direction over the processing of applications for tax-exempt status filed by Tea Party and other political advocacy organizations” and that it was only guilty of poor planning and oversight.

(19)  In October 2015, the Justice Department notified Congress that there would be no charges against the former IRS official Lois Lerner or against anyone else in the IRS. The investigation found no evidence of illegal activity or the partisan targeting of political groups and found that no IRS official attempted to obstruct justice. The DOJ investigation did find evidence of mismanagement and Lerner’s poor judgement in using her IRS account for personal messages but said “poor management is not a crime.”

(20)  Four days after the Justice Department closed its investigation, 19 members of the House Oversight and Government Reform Committee led by the Committee’s Chairman, Jason Chaffetz (R-UT), filed a resolution to impeach IRS Commissioner John Koskinen. Those sponsoring the impeachment resolution to remove Koskinen from office accused him of failing to prevent the destruction of evidence in allowing the erasure of back-up tapes containing thousands of e-mails written by Lois Lerner, and of making false statements under oath to Congress. In a statement released by the Committee, Chaffetz said Koskinen “failed to comply with a congressionally issued subpoena, documents were destroyed on his watch, and the public was consistently misled. Impeachment is the appropriate tool to restore public confidence in the IRS and to protect the institutional interests of Congress.”

(21)  Last month, as part of an ongoing investigation into the IRS scandal and an ongoing inquiry by Judicial Watch, the government released names of 426 organizations which had been improperly targeted by the IRS because of their politics. Another 40 were not released as part of the list because they had already opted out of being part of the class-action suit. That total is much higher than the 298 groups the IRS‘ Inspector General identified back in May 2013, when investigators first revealed the agency had been subjecting applications to long and potentially illegal delays, and forcing them to answer intrusive questions about their activities.

(22)  Courts have already ruled against the IRS.  For example, in 2016, the Sixth Circuit Court of Appeals did so and noted in its ruling: “501(c)(4) groups may not collect tax-deductible donations, but they may engage in relatively unfettered political advocacy, including election advocacy. 501(c)(4) groups range from national organizations—including the American Civil Liberties Union, the National Rifle Association, and the Sierra Club—to local neighborhood associations.”

(23)  There has been a lawsuit filed by Judicial Watch and its investigation into the scandal continues. It has just received almost 700 pages of documents (61% redacted) under the Freedom of Information Act which proves the scheme by the Obama administration to target Tea Party groups into silence and inactivity in political elections. Its current lawsuit is seeking at least 7000 pages of documents related to the IRS scandal that have been hidden from Congress and the American people. The IRS, under the Obama administration, intentionally sought to restrict Tea Party activity and especially in political elections.

Responding to the lawsuit, Thomas Kane, Deputy Assistant Chief Counsel for the IRS, wrote in a sworn declaration that Lerner’s Blackberry was “removed or wiped clean of any sensitive or proprietary information and removed as scrap for disposal in June 2012.”   In a USA Today opinion column, James S. Robbins wrote, “For a scandal that is frequently derided as ‘fake,’ it is amazing how often real evidence disappears. The disappearing act is so frequent, it is reasonable to wonder whether it is really a systematic attempt to destroy evidence of abuse of power.”

(24)  The current US Attorney General, Jeff Sessions, has been asked by Congressional Republicans to re-evaluate the evidence against the IRS and against Lois Lerner and re-open the investigation.  At present, Sessions seems noncommittal on the matter.  Taxpayers deserve to know that the DOJ’s previous evaluation was not tainted by politics. 

TARGETING POLICIAL OPPOSITION IS TYRANNY –

The IRS scandal was egregious and conservatives should be enraged. I would say all Americans should be enraged but judging from the conduct of Democrats, they seem to be fine with anything that shuts up a conservative – even if it means denying their basic constitutional rights.  But an assault on the rights of one group in the end will be an assault on everyone’s rights down the road. Looking the other way while the government violates the rights of certain citizens is a dangerous thing. Allowing the government to get away with it is worse.  Allowing the government to silence political opposition is to put our free society at risk.

As President Harry Truman once warned: “Once a government is committed to the principle of silencing the voice of opposition, it has only one way to go, and that is down the path of increasingly repressive measures, until it becomes a source of terror to all its citizens and creates a country where everyone lives in fear.”  [In a Special Message to the Congress on the Internal Security of the United States, August 8, 1950]

References:

Audit Report from the Treasury Inspector General for Tax Administration, “Inappropriate Criteria Were Used to Identify Tax-Exempt Applications for Review.”  Referenced at:  https://www.treasury.gov/tigta/auditreports/2013reports/201310053fr.html

Diane Rufino, “How Quickly Trump’s Tax Return Story Has Disappeared,”  Forloveofgodandcountry blog, April 23, 2017.  Referenced at:  https://forloveofgodandcountry.com/2017/04/23/how-quickly-the-trump-tax-return-story-has-disappeared/

IRS Targeting Controversy, Wikipedia.  https://en.wikipedia.org/wiki/IRS_targeting_controversy

“The Sixth Circuit Court of Appeals: Another Court Ruling Confirms IRS Illegally Targeted Tea Party and Conservative Groups,” CEI.org, November 21, 2016.  Referenced at:  https://cei.org/blog/another-court-ruling-confirms-irs-illegally-targeted-tea-party-and-conservative-groups

Andy Kroll, “The IRS Tea Party Scandal Explained,” Mother Jones, November 21, 2013.  Referenced:  http://www.motherjones.com/politics/2013/05/irs-tea-party-scandal-congress-nonprofit-obama

Stephen Dinan and Seth McLaughlin, “House Republicans Derail Impeachment Effort Against IRS Commissioner, John Koskinen, IRS Commissioner,” The Washington Times, December 6, 2016.  Referenced at:  http://www.washingtontimes.com/news/2016/dec/6/john-koskinen-irs-commissioner-spared-impeachment-/

David Barstow, Russ Bruettner, Susanne Craig, and Megan Twohey, “Donald Trump Tax Records Show He Could Have Avoided Taxes for Nearly Two Decades,” The New York Times, November 2, 2016.  Referenced at:  https://www.nytimes.com/2016/10/02/us/politics/donald-trump-taxes.html

Adam Liptak, “Is It Illegal to Publish a President’s Tax Returns,” The New York Times, March 15, 2017.  Referenced at:  https://www.nytimes.com/2017/03/15/us/politics/trump-tax-returns-legal-precedent.html

Daniel John Sobieski, “Rogue IRS Felons Vindicate Trump,” American Thinker, March 16, 2917.  Referenced at:  http://www.americanthinker.com/articles/2017/03/rogue_irs_felons_vindicate_trump.html