“Tax-Exempt Hatred”: The IRS Should Strictly Police Hate Groups Seeking Non-Profit Tax-Exempt Status
A few weeks ago, Forbes magazine published an intriguing column by Peter J. Reilly that asked an important question: If the Southern Poverty Law Center calls the Family Research Council a hate group, should the IRS take action?
In the column, Reilly criticizes a paper by University of Georgia Professor Alex Reed. Reed argues that the IRS must do a better job enforcing its procedure 86-43, which is the standard it uses to determine if a tax exempt organization is advocating an educational point of view or one that produces materials that are factually unsupported, distorted or make substantial use of inflammatory and denigrating language. If it organization does the latter, the procedure indicates that it does not qualify for tax-exempt status.
Reed writes that the IRS’ poor oversight of 86-43 has allowed many out-of-compliance organizations to keep their preferential tax benefits, particularly hate groups. Hate groups advocate hostility toward certain groups of people because of their race, ethnicity, religion, sexual orientation or gender identity. He references The Family Research Council, which has a long history of publishing offensive propaganda about the LGBT community.
Other tax-exempt organizations not mentioned by Reed, but with similar reputations include: the anti-LGBT Family Watch International, whose research archive contains numerous offensive, junk science studies on gays and lesbians, and the xenophobic Federation for American Immigration Reform, which has volumes of distortions broadly denigrating immigrants.
Reilly argues that strict enforcement of 86-43 wouldn’t work because “if somebody expresses a view that you find threatening to your world view, you are likely to conclude that they hate you.” In other words, it would be impossible for any IRS employees to enforce 86-43, because any threat to their beliefs would trump their professional obligations. He ignores the possibility that the IRS could punish employees for targeting organizations based on their personal or political beliefs, an obvious, much needed reform given the IRS’s political targeting of tea party organizations earlier this year.
Both Reilly and Reed would do better not framing their arguments around what organizations the Southern Poverty Law Center deems hate groups. In fact, the hate group term doesn’t even need to be involved. Any organization whose educational materials don’t conform to the procedure should be scrutinized. The IRS must ground its enforcement on its rules, not the Southern Poverty Law Center’s position.
Enforcement has nothing to do with limiting an organization’s free speech. The Family Research Council, Family Watch International, Federation for Immigration Reform or any other group masquerading as educational institutions don’t need tax-exempt status to exercise their civil liberties. One is not necessary to the other.
Enforcement has to do with the fair application of rules designed to maintain the integrity of the tax-exempt system. Preferential tax treatment is, for all intents and purposes, a government subsidy administered through the tax system. If a tax-exempt organization is flouting the standards by which its status is awarded, it shouldn’t expect the government to continue to assist it in the coordination of its financial activities. The government is not obligated to make it easier for these organizations to threaten people’s basic rights and freedoms. In fact, the government has a moral, legal and ethical obligation to do the opposite.
By: Jamie Chandler, Washington Whispers, U. S. News and World Report, November 19, 2013
“You Can’t Make This Stuff Up”: The Weird Racial Politics Of South Carolina
South Carolina, the cradle of the Confederacy, is represented by African-American Sen. Tim Scott, and has an Indian-American governor, Nikki Haley – both conservative Republicans. Yet any idea that the state is progressing on the racial conflicts that have defined much of its history took another hit on Sunday. That’s when the Haley for Governor Grassroots Advisory Committee, her grass-roots political organization, asked for and received the resignation of one of its 164 co-chairs after his statements on racial purity came to light.
Civil-rights groups and Democrats had been pressuring the Haley campaign, which initially stood by Roan Garcia-Quintana, a member of the Council of Conservative Citizens. But his defense of his beliefs didn’t work out so smoothly. In an interview last week with The State explaining his position on the board of directors of the council, Garcia-Quintana denied that he and the group are racist. The council “supports Caucasian heritage,” he said. “Is it racist to be proud of your own heritage?” he asked. “Is it racist to want to keep your own heritage pure?”
It wasn’t exactly a secret that Garcia-Quintana had ties to the Council of Conservative Citizens, which the Southern Poverty Law Center lists as a “white nationalist hate group,” a “linear descendant” of the old White Citizens Councils formed in the 1950s and 1960s to fight school desegregation.
In a 2010 Washington Post article on a NAACP-backed report that accused white nationalist groups of trying to align themselves with the tea party movement, Garcia-Quintana talked about his council activism. “There’s a difference between being proud of where you come from and racism. We should be able to celebrate price as Europeans and Caucasians. What troubles me is it seems like if you’re not some kind of minority, you’re supposed to be ashamed of that. . . . As a tea party organizer, all I’m trying to do is to be a community organizer,” he said.
Garcia-Quintana, a naturalized citizen born in Havana, has referred to himself as a “Confederate Cuban.” He is also executive director of the anti-immigration Americans Have Had Enough Coalition, based in Mauldin, S.C., which says it stands against an “illegal alien invasion.”
A Sunday statement from Haley political adviser Tim Pearson said: “While we appreciate the support Roan has provided, we were previously unaware of some of the statements he had made, statements which do not well represent the views of the governor. There is no place for racially divisive rhetoric in the politics or governance of South Carolina, and Governor Haley has no tolerance for it.”
Haley has tried to turn Garcia-Quintana’s departure into a political advantage. She has characterized the forced, if belated, resignation as a sign that Republicans don’t tolerate intolerance, while challenging Democrats, particularly her former and perhaps future opponent, Democratic state Sen. Vincent Sheheen, to disavow Democratic political operatives who have attacked her in racial terms. (Phil Bailey, who is political director of the state Senate’s Democratic Caucus, last year called Haley a “Sikh Jesus.” He was reprimanded at a Senate Democratic Caucus meeting and apologized, but not, says the Haley campaign, to her.) The governor has come in for her share of racially insensitive comments, even from members of her own party during her primary race.
This kind of racially divisive back and forth is par for the course. No, you can’t make this stuff up, and in South Carolina, you don’t have to.
By: Mary C. Curtis, The Washington Post, May 28, 2013
“Too Often Ignored”: Radical-Right Wing Groups Reach All Time High
While the more mainstream anti-government Tea Party movement faded from view as the GOP co-opted it in the past few years, the action has moved to the fringes, where the number of radical right-wing Patriot groups reached an all time high in 2012, according to a new report from the Southern Poverty Law Center. What’s more, it’s the fourth year in a row that the record has been broken.
Conspiracy-minded Patriot groups first entered the public consciousness in the 1990s with the rise of the militia movement, and then the Oklahoma City bombing. Now, the SPLC is warning government officials that they see eerie similarities between the current era and that leading up to the bombing.
“As in the period before the Oklahoma City bombing, we now are seeing ominous threats from those who believe that the government is poised to take their guns,” the group’s president, Richard Cohen, wrote in a letter sent Tuesday to Attorney General Eric Holder and Homeland Security Secretary Janet Napolitano.
The number of Patriot groups peaked after the bombing in 1996 at 858, before falling off steeply and remaining low under George W. Bush. However, since the election of Barack Obama, the number of groups tracked by the SPLC has skyrocketed and continued to climb.
Last year, the SPLC found 1,360 Patriot groups in the country — up more than 500 over the ’96 peak — including 321 militia groups.
Meanwhile, the number of hate groups the group tracks — which includes some arguably mainstream conservative groups like the Family Research Council, in addition to more radical groups like white supremacists — remained over 1,000.
The SPLC blames the resurgence on the down economy (hate and radicalism always tick up when things seem desperate), along with the election and reelection of Barack Obama, a push on gun control, and racial tensions over immigration and the declining power of white America.
“Another factor driving the expansion of the radical right over the last decade or so has been the mainstreaming of formerly marginal conspiracy theories,” notes senior fellow Mark Potock. Indeed, one needs only watch Fox News for an hour or read a Dick Morris column to see that. And conspiracy theorizing seems to have reached new heights recently.
The big fear is that some of this will lead to violence — or rather, more violence. The incidents are too often ignored or viewed as isolated from each other, but there has been much more right-wing terrorism than most people probably realize, from the Sikh Temple shooting, the Holocaust Memorial shooting, the Pittsburgh police shootings, of any of the dozens of attacks on law enforcement officers.
But the people in the federal government responsible for stopping it are poorly equipped to deal with the threat. In part, that’s because Republican lawmakers, stoked by the Tea Party, neutered a Department of Homeland Security task force that was supposed to track homegrown radical groups. After a conservative uproar over a leaked report that warned about the rise of right-wing radical groups in the wake of Obama’s election, DHS relented. It repudiated the paper and dissolved the group responsible for it.
“DHS is scoffing at the mission of doing domestic counterterrorism, as is Congress,” Daryl Johnson, the man who led that task force, told Wired last year. “There’ve been no hearings about the rising white supremacist threat, but there’s been a long list of attacks over the last few years. But they still hold hearings about Muslim extremism. It’s out of balance.”
By: Alex Seitz-Wald, Salon, March 6, 2013
“Just Too Many Guns”: The Terrorist Next Door To Me
Well, not quite next door. This fellow lives about three miles west of me in Rockland County, straight out Route 59 in the strip mall paradise of Nanuet, New York. A local news outlet charted his arrest, essentially on domestic terrorism charges, after making threats against various Democrats (Cuomo and Pelosi and Reid and Schumer and members of the Black Caucus, of course) and saying followers of Obama are traitors and should die.
This fine specimen of a human American, one Lawrence Mulqueen, is a follower of the right-wing Sovereign nation. He’s a veteran drunk driver with felonies in several locales, but still managed to illegally assemble an arsenal (see below). On his Facebook page he reportedly wrote, “I cannot wait to start killing the scum.… I want these scumbags DEAD!!!…. Death to them all.” Them being only Democrats and Obama fans.
When Mulqueen was taken into custody, with FBI and Secret Service help, the raid on the home found body armor, weapons and ammunition including (in the local news outlet’s list):
1 10.62×54 Bolt Action Rifle
1 Remington 35 Pump Action Rifle loaded with 6 rounds
1 Bulletproof Body Armor
Approximately 100 rounds of Ammunition, including 27 rounds of .50 caliber armor piercing bullets (tank buster)
2 Rifle bayonets
1 Rifle Scope
1 Sword
1 Metal Knuckle Knife
And the Sovereign Citizens Movement means business. The Southern Poverty Law Center (SPLC) estimates that approximately 100,000 Americans are “hard-core sovereign believers” with another 200,000 “just starting out by testing sovereign techniques for resisting everything from speeding tickets to drug charges.” The National Security Law Brief points out: “Both Terry Nichols, a co-conspirator in the 1995 Oklahoma City bombing, and Joe Stack, who in 2010 flew his plane into an IRS office in Austin, Texas, identified with the movement.”
Now, how have other media outlets covered it? From a CBS local site:
“I think what may have particularly gotten his ire in the past month or two were the various legislation enacted with respect to the rights to possess a firearm. I think that was particularly upsetting to him,” Sgt. Cummings told 1010 WINS. “One posting which was posted about a month ago said that if anybody ever came to take the arms, they would suffer the consequences.”
So far, no national media have picked this up, but they should: Mulqueen is a poster child not only for the rise of militia-like groups, right-wing paranoia and racism, but also the ease with which crazies and felons can not only get and keep their hands on one gun, but assemble a collection, along with deadly ammo.
By: Greg Mitchell, The Nation, February 22, 2013
With The Death Penalty, “Probably” Isn’t Good Enough
The death penalty is a barbaric anachronism, a crude instrument not of justice but of revenge. Most countries banished it long ago. This country should banish it now.
The state of Georgia was wrong to execute convicted murderer Troy Anthony Davis as protesters and journalists kept a ghoulish vigil Wednesday night — just as the state of Texas was wrong, hours earlier, to execute racist killer Lawrence Russell Brewer.
That’s hard for me to write, because if anyone deserved a syringe full of lethal poison it was Brewer. He was an avowed white supremacist who had been convicted, along with two accomplices, of the 1998 hate-crime murder of a black man, James Byrd Jr. They offered Byrd a ride, beat him up and then killed him by chaining his ankles to the back of their pickup and dragging him for more than two miles. When police found Byrd’s body, it was dismembered and decapitated.
“I have no regrets,” Brewer said in an interview with Beaumont, Tex., television station KFDM this year. “I’d do it all over again, to tell you the truth.”
Sweet guy, huh? Still, I can’t applaud his death at the hands of the well-practiced Texas executioners. It’s not that I believe his life had any redeeming value, just that the state was wrong to snuff it out.
The Davis case drew worldwide attention because of questions about the evidence of his guilt. Davis was found guilty of killing a Savannah, Ga., police officer, Mark MacPhail, in 1989. The conviction was based almost entirely on eyewitness testimony, and in the two decades since that trial, seven of nine witnesses have at least partially recanted.
The case became a cause celebre. Luminaries who could never be accused of being soft on crime — such as former FBI Director William Sessions and former GOP Rep. Bob Barr — argued that Davis should not be executed because of doubt about his guilt.
Wednesday night, in his last words, Davis told MacPhail’s family that “I did not personally kill your son, father and brother. I am innocent.” Then a deadly cocktail of drugs was pumped into his veins.
The Davis case makes a compelling case against the death penalty — but not because it is exceptional. On the contrary, it’s fairly ordinary.
Despite what you see on “CSI,” there isn’t always DNA or other physical evidence to prove guilt with 99.9 percent certainty. Jurors often have to rely on witnesses whose field of vision may have been limited — and whose recall, imperfect to begin with, degrades over time. Even when there’s no “reasonable doubt” about the defendant’s guilt — the standard for conviction — there’s often some measure of doubt.
And there are questions of process. Were witnesses coerced into testifying against Davis? A few say now that they were. Did prosecutors prove their case? The jurors certainly believed they did. Could racial bias have been a factor? Unlikely, given that the jury included seven blacks and five whites. Should Davis’s attorney have done a better job of presenting a defense? Almost surely.
It’s a mixed bag. I can’t ignore the fact that over the years, not one of the many judges who examined the case concluded there had been a true miscarriage of justice. This suggests to me that Davis was probably guilty.
But “probably” isn’t good enough in a capital case — and this is why the death penalty is flawed as a practical matter. Someone who is wrongly imprisoned can always be released, but death — to state the obvious — is irrevocable.
In scores of cases across the country, newly examined DNA evidence has proved that inmates jailed for rape or other sexual crimes were in fact not guilty. It is not just likely but certain that some defendants now on death row are innocent. Even if only one is eventually executed, that will be a tragic and unacceptable abuse of state power.
There was a chilling moment in a recent GOP candidates’ debate when Texas Gov. Rick Perry was asked about having authorized 234 executions, more than any other governor in modern U.S. history. The crowd, drawn largely from Tea Party ranks, cheered this record as if it were a great accomplishment. “I’ve never struggled with that at all,” Perry said, referring to execution as “the ultimate justice.”
But he should struggle with it. We all should.
By: Eugene Robinson, Opinion Writer, The Washington Post, September 22, 2011
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