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“Dumb, Pathetic And Predictable”: Karl Rove’s Limitless Capacity For Self-Pity

Nearly three years ago, Senate Majority Whip Dick Durbin (D-Ill.) noticed a problem with Karl Rove’s attack operation, American Crossroads. The group sought and received tax-exempt status from the IRS, but it was clearly a partisan political operation, not a “social welfare” group, raising vast sums from anonymous donors. The senator urged the tax agency to investigate whether Crossroads deserved the generous tax benefit.

Rove, who in 2005 accused Durbin of trying to kill American troops by criticizing George W. Bush, apparently holds a grudge.

Rove unloaded with both barrels on the Illinois Democrat, blasting him in an interview with Sean Hannity on Fox News and in a column in The Wall Street Journal. Rove is charging that Durbin’s sending a letter in 2010 to Internal Revenue Service officials, asking them to investigate American Crossroads, was nothing less than a bid to “silence conservatives.”

“What was going on is obvious: Mr. Durbin wanted the IRS to silence conservatives,” Rove wrote. … “[I]n the glare of public attention, using the IRS to cripple or destroy opponents looks corrupt. Abuse of power always is.”

There’s a near-constant strain of self-pity and victimization that underscores Rove’s approach to politics, which makes this new argument rather predictable. Nevertheless, on the merits, the argument is also quite dumb.

I can appreciate why the IRS controversy offers Republican media personalities an attractive excuse for self-indulgence, settling old scores against perceived enemies, but neither Durbin nor any other Democratic officials tried to “silence” anyone. The entire line of attack is nonsense.

In 2010, Durbin saw Rove’s group flouting a loophole in the tax law, taking advantage of a tax benefit it almost certainly was not entitled to. Durbin didn’t say American Crossroads shouldn’t exist, and certainly didn’t argue that the attack operation lacks the right of free speech, but simply said the group did not deserve to be tax-exempt and asked the IRS to take a closer look. (It’s unclear if the IRS acted on the request.)

If Rove wants to argue that his political group deserves to be tax-exempt, fine, let’s have the debate. But that’s not an argument the Republican pundit wants to have. Instead, it’s better for fundraising and base-mobilization for Rove to use his media platform to complain, “Dick Durbin was mean to me three years ago.”

It’s misleading; it’s based on a faulty premise; and it’s kind of pathetic.

 

By: Steve Benen, The Maddow Blog, May 31, 2013

June 2, 2013 Posted by | Politics | , , , , , , | Leave a comment

“Fitful Fabrications: Watergate Amnesia, The ‘Nixonian’ Slur, And Other Big Lies

Let’s state this very simply, so everybody will understand. The notion that Barack Obama is “Nixonian” — or that his administration’s recent troubles bear any resemblance to “Watergate” — is the biggest media lie since the phony “Whitewater scandal” crested during the Clinton presidency.

Fraudulent as it is, we have listened repeatedly to versions of this bogus comparison uttered by figures as diverse as former Fox News commentator Dick Morris and Bob Woodward of the Washington Post, alongside a phalanx of Republican politicians, including Senator Lindsey Graham (R-SC) and Senate Majority Leader Mitch McConnell (R-KY) – whose latest attack ad directly links Obama with Nixon.

Only in a country afflicted with chronic historical amnesia could they issue such accusations without shame or embarrassment. Only under those circumstances could the Republicans continue their fitful fabrication of a “Democratic Watergate” without fear of being laughed off the stage. It is a project that they will never grow tired of pursuing.

Coming from figures such as former White House political boss Karl Rove and Fox News chief Roger Ailes — both of whom worked for Nixon and defended him with vigor — the hypocrisy is stunning. They can only say words like “Watergate” or “Nixonian” because most Americans have forgotten who they really are behind the respectable masks – or never knew.

The last time we heard Obama mentioned in the same breath as Watergate was in 2009, when Rep. Darrell Issa (R-CA) – the same Issa who has labored for months to pump air into the Benghazi “scandal” – decided that a job offered to a potential political candidate had erupted into a Constitutional crisis. Is it necessary to note that nothing of consequence ever emerged from Issa’s investigation back then? Yet somehow, he maintains credibility with the Washington media.

So does Graham, who slandered Susan Rice over the Benghazi talking points, which he deemed “worse than Watergate” – an assertion since proved entirely wrong, irresponsible, and vicious. Nevertheless Graham is treated as someone worthy of airtime and quotation, rather than a discredited blowhard.

But certain liberals in the media have fretted loudly over Obama’s “scandals,” too. Is it reasonable to compare the Benghazi incident, the vetting of abused tax exemptions by the IRS, or the Justice Department’s leak investigations with the Watergate crisis? Or is it all just trumped-up hysteria? To answer those questions, it helps to remember what Nixon and his gang actually did to America – and why they were driven out of Washington and, in many cases, sent to prison.

In these circumstances, a quick history lesson seems vital. For those who have forgottten or don’t know, Watergate is the name of an apartment complex near the Potomac River in northwest Washington, D.C., where then-President Nixon’s henchmen staged a “third-rate burglary” of the Democratic National Committee headquarters on a June night in 1972.

But Watergate came to stand for a vast agglomeration of gangster conspiracies based in the Nixon White House but spanning the nation. Watergate was a series of burglaries, warrantless domestic wiretaps, illegal spying, campaign dirty tricks, election tampering, money laundering, and assorted thuggish schemes conceived by a large and lawless gang whose leaders included G. Gordon Liddy and the late E. Howard Hunt.

And Watergate grew into a cover-up of those initial felonies with still more felonies, committed by lawyers and bureaucrats who collected cash payoffs from major corporations and then handed out hush money and secret campaign slush funds.

Eventually, Watergate implicated scores of perpetrators, from the right-wing Cuban footsoldiers all the way up to the president, his closest advisors, and his crooked stooges at the highest levels of the Justice Department, the FBI, and the CIA.

Again then, in what sense is the Benghazi tragedy – thoroughly investigated by an independent board, as provided by law – akin to Watergate? How is the IRS effort to vet the tax exemptions of Tea Party groups, which were violating their status brazenly, similar to Nixon’s criminal abuse of the agency to punish his enemies with audits? What makes the Justice Department probe of national security leaks, conducted with valid subpoenas, resemble the secret Nixon White House war against “enemies” in the press, which went so far as trumped-up FCC license challenges and even threats of violence against the Washington Post?

The answers are fairly obvious: None. Not at all. Nothing whatsoever.

And so far as we know, Attorney General Eric Holder hasn’t rung up any Fox News reporter drunkenly at midnight to warn that Roger Ailes is “going to get his tit caught in a big, fat wringer.” But if and when that ever happens, the chance to roll out the Watergate clichés will arrive at last — starting with “Nixonian.”

 

By: Joe Conason, The National Memo, May 30, 2013

June 1, 2013 Posted by | Politics | , , , , , , , , | Leave a comment

“The (c) Stands For Cha-Ching”: The IRS Went After Small Fish, But Let The Big Ones Get Away

“Please provide copies of all your current web pages, including your blog posts. Please provide copies of all your newsletters, bulletins, flyers or any other media or literature you have disseminated to your members or others. Please provide copies of stories and articles that have been published about you.”

That’s the Internal Revenue Service calling.

Or, more precisely, sending questionnaires. They went out to scores of Tea Party groups that were seeking tax-exempt status as “social welfare” organizations.

The organizations were targeted for special scrutiny because they had the words “Tea Party” or “Patriot” in their titles. Some questionnaires even requested the names of all donors and the amounts of each contribution.

It was a political abuse of power aimed, ironically, at groups who are pretending not to be political just to get a juicy tax break.

IRS supervisors were wrong to single out local Tea Parties when there’s a host of flagrant, big-time violators controlled by supporters of both major political parties.

The gimmick of choice is Section 501(c)(4) of the revenue code. Groups receiving that golden designation are allowed to collect unlimited contributions without paying taxes.

They’re not banned from political involvement, but by law they’re supposed to be “primarily engaged” in activities promoting “social welfare” and “the common good” — not partisan politics.

It’s a total farce.

Karl Rove’s Crossroads GPS spent untold millions of dollars on behalf of Republican candidates while attacking Democrats during the last election cycle. On the other side, Priorities USA spent a fortune helping Democratic candidates while trashing Republicans.

Both rabidly partisan organizations enjoy tax-exempt status under Section 501(c)(4). They claim to run strictly “issue” advertisements that aren’t really political, which is a hoot.

What’s not so hilarious is that the IRS sidestepped these heavyweight scammers to go after small-time outfits such as the Liberty Township Tea Party in Ohio.

Initially, the tax agency suggested that the crackdown was an isolated operation by agents in its Cincinnati office. However, in recent days it was revealed that a few IRS officials in Washington were aware of the targeting campaign in early 2010, and that similar inquiries of conservative groups had been conducted in other states.

A Treasury inspector general’s report issued last week criticized IRS managers who didn’t stop employees from focusing on conservative groups that were seeking 501(c)(4) designations.

President Obama said the actions described in the report “are intolerable and inexcusable.” He didn’t use the word “stupid,” but it applies.

There’s no sign that the president knew about the IRS targeting campaign, which began a few years ago while the agency was led by Douglas Shulman, an appointee of President George W. Bush.

Owing his job to a Republican, Shulman seems an unlikely instigator of an IRS campaign against conservative groups. No evidence has surfaced that he was aware of it.

After Shulman completed his term last November, IRS Deputy Commissioner Steven Miller became acting commissioner. Six months earlier, Miller had been briefed about some cases involving increased scrutiny of Tea Party-affiliated groups.

However, in letters to Congress, Miller, who’s been with the tax agency almost 25 years, didn’t mention the existence of the Tea Party cases. He resigned on Wednesday at Obama’s request.

The FBI and Justice Department are rightly investigating to see whether the IRS broke any laws by zeroing in on the tax-exempt applications of conservative groups.

Congress will hold long hearings, brimming with outrage.

No such pious fervor exists for investigating and exposing the fraudulent status of large groups like Crossroads GPS and Priorities USA, which collectively take in hundreds of millions of dollars.

They’re not “social welfare” organizations worthy of a tax exemption. They’re wealthy partisan advocacy machines with purely political missions — to promote their candidates, and to influence voters.

They are prized by both parties as safe and bottomless repositories for huge campaign donations, which is why you don’t see congressional leaders declaring war on the 501(c)(4) charade.

The c stands for “cha-ching.”

 

By: Carl Hiaasen, The National Memo, May 22, 2013

May 26, 2013 Posted by | Internal Revenue Service | , , , , , , , , | Leave a comment

“Lost In The IRS Scandal”: The Need To Know Facts About The Big Picture And Big Donors Of Dark Money

In the furious fallout from the revelation that the IRS flagged applications from conservative non-profits for extra review because of their political activity, some points about the big picture – and big donors — have fallen through the cracks.

Consider this our Top 6 list of need-to-know facts on social welfare non-profits, also known as “dark money” groups because they don’t have to disclose their donors. The groups poured more than $256 million into the 2012 federal elections.

1. Social welfare non-profits are supposed to have social welfare, and not politics, as their “primary” purpose.

A century ago, Congress created a tax exemption for social welfare non-profits. The statute defining the groups says they are supposed to be “operated exclusively for the promotion of social welfare.” But in 1959, the regulators interpreted the “exclusively” part of the statute to mean groups had to be “primarily” engaged in enhancing social welfare. This later opened the door to political spending.

So what does “primarily” mean?  It’s not clear. The IRS has said it uses a “facts and circumstances” test to say whether a group mostly works to benefit the community or not. In short: If a group walks and talks like a social welfare non-profit, then it’s a social welfare non-profit.

This deliberate vagueness has led some groups to say that “primarily” simply means they must spend 51 percent of their money on a social welfare idea — say, on something as vague as “education,” which could also include issue ads criticizing certain politicians. And then, the reasoning goes, a group can spend as much as 49 percent of its expenditures on ads directly advocating the election or defeat of a candidate for office.

Nowhere in tax regulations or rulings does it mention 49 percent, though. Some non-profit lawyers have argued that the IRS should set hard limits for social welfare non-profits — setting out, for instance, that they cannot spend more than 20 percent of their money on election ads or even limiting spending to a fixed amount, like no more than $250,000.

So far, the IRS has avoided clarifying any limits.

2. Donors to social welfare non-profits are anonymous for a reason.

Unlike donors who give directly to politicians or even to Super PACs, donors who give to social welfare non-profits can stay secret. In large part, this is because of an attempt by Alabama to force the NAACP, then a social welfare non-profit, to disclose its donors in the 1950s. In 1958, the Supreme Court sided with the NAACP, saying that public identification of its members put them at risk of reprisal and threats.

The ACLU, which is itself a social welfare non-profit, has long made similar arguments. So has Karl Rove, the GOP strategist and brains behind Crossroads GPS, which has spent more money on elections than any other social welfare non-profit. In early April 2012, Rove invoked the NAACP in defending his organization against attempts to reveal donors.

The Federal Election Commission could in theory push for some disclosure from social welfare non-profits — for their election ads, at least. But the FEC has been paralyzed by a 3-3 partisan split, and its interpretations of older court decisions have given non-profits wiggle room to avoid saying who donated money, as long as a donation wasn’t specifically made for a political ad.

New rulings indicate that higher courts, including the Supreme Court, favor disclosure for political ads, and states are also stepping into the fray. During the 2012 elections, courts in two states – Montana and Idaho – ruled that two non-profits engaged in state campaigns needed to disclose donors.

But sometimes, when non-profits funnel donations, the answers raise more questions. It’s the Russian nesting doll phenomenon. Last election, for instance, California’s election agency pushed for an Arizona social welfare non-profit to disclose donors for $11 million spent on two California ballot initiatives. The answer? Another social welfare non-profit, which in turn got the money from a trade association, which also doesn’t have to reveal its donors.

3. The Supreme Court’s Citizens United decision meant that corporations could pay for political ads, anonymously, using social welfare non-profits.

In January 2010, the Supreme Court ruled that corporations and unions could spend money directly on election ads. A later court decision made possible SuperPACs, the political committees that can raise and spend unlimited amounts of money from donors, as long as they don’t coordinate with candidates and as long as they report their donors and spending.

Initially, campaign finance watchdogs believed corporations would give directly to SuperPACs. And in some cases, that happened. But not as much as anyone thought, and maybe for a reason: Disclosure isn’t necessarily good for business. Target famously faced a consumer and shareholder backlash after it gave money in 2010 to a group backing a Minnesota candidate who opposed gay rights.

Many watchdogs now believe that large public corporations are giving money to support candidates through social welfare non-profits and trade associations, partly to avoid disclosure. Although the tax-exempt groups were allowed to spend money on election ads before Citizens United, their spending skyrocketed in 2010 and again in 2012.

A New York Times article based on rare cases in which donors have been disclosed, sometimes accidentally, explored the issue of corporations giving to these groups last year. Insurance giant Aetna, for example, accidentally revealed it gave $3 million in 2011 to the American Action Network, a social welfare group founded by former Sen. Norm Coleman, a Republican, that runs election ads.

Groups that favor more disclosure have so far failed to force action by the FEC, the IRS, or Congress, although some corporations have voluntarily reported their political spending. Advocates have now turned to the Securities and Exchange Commission, which is studying a proposal to require public companies to disclose political contributions.

The idea is already facing strong opposition from House Republicans.

4. Social welfare non-profits do not actually have to apply to the IRS for recognition as tax-exempt organizations.

With all the furor over applications being flagged from conservative groups — particularly groups with “Tea Party,” “Patriot” or “9/12″ in their names — it’s worth remembering that a social welfare non-profit doesn’t even have to apply to the IRS in the first place.

Unlike charities, which are supposed to apply for recognition, social welfare non-profits can simply incorporate and start raising and spending money, without ever applying to the IRS.

The agency’s non-profit wing is mainly concerned about ferreting out bad charities, which are the biggest chunk of non-profits and the biggest source of potential revenue. After all, the IRS’s main job is to collect revenue. Charities allow donors to deduct donations, while social welfare non-profits don’t.

Most major social welfare non-profits do apply, because being recognized is seen as insurance against later determination by the IRS that the group should have registered as a political committee and may face back taxes and disclosure of donors. A recognition letter is also essential to raise money from certain donors — like, say, corporations.

But some of the new groups haven’t applied.

The first time the IRS hears about these social welfare non-profits is often when they file their first annual tax return, not due until sometimes more than a year after they’ve formed.

In many cases, the first time the IRS hears about these groups is a full year after an election.

5. Most of the money spent on elections by social welfare non-profits supports Republicans.

Of the more than $256 million spent by social welfare non-profits on ads in the 2012 elections, at least 80 percent came from conservative groups, according to FEC figures tallied by the Center for Responsive Politics.

None came from the Tea Party groups with applications flagged by the IRS. Instead, a few big conservative groups were largely responsible.

Crossroads GPS, which this week said it believes it is among the conservative groups “targeted” by the IRS, spent more than $70 million in federal races in 2012. Americans for Prosperity, the social welfare non-profit launched by the conservative billionaire brothers Charles and David Koch, spent more than $36 million. American Future Fund spent more than $25 million. Americans for Tax Reform spent almost $16 million. American Action Network spent almost $12 million.

Besides Crossroads GPS, each of those groups has applied to the IRS and been recognized as tax-exempt. (You can look at their applications here.)

All of those groups spent more than the largest liberal social welfare non-profit, the League of Conservation Voters, which spent about $11 million on 2012 federal races. The next biggest group, Patriot Majority USA, spent more than $7 million. Planned Parenthood spent $6.5 million. VoteVets.org spent more than $3 million.

None of those figures include the tens of millions of dollars spent by groups on certain ads that run months before an election that are not reported to the FEC.

6. Some social welfare groups promised in their applications, under penalty of perjury, that they wouldn’t get involved in elections. Then they did just that.

Much of the attention when it comes to Tea Party nonprofits has focused on their applications and how the IRS determines whether a group qualifies for social welfare status.

As part of our reporting on dark money in 2012, ProPublica looked at more than 100 applications for IRS recognition. One thing we noted again and again: Groups sometimes tell the IRS that they are not going to spend money on elections, receive IRS recognition, and then turn around and spend money on elections

The application to be recognized as a social welfare non-profit, known as a 1024 Form, explicitly asks a group whether it has spent or plans to spend “any money attempting to influence the selection, nomination, election, or appointment of any person to any Federal, state, or local public office or to an office in a political organization.”

The American Future Fund, a conservative non-profit that would go on to spend millions of dollars on campaign ads, checked “No”in answer to that question in 2008. The very same day the group submitted its application, it uploaded this ad to its YouTube account: http://youtu.be/2oEz3lzgDsI

Even before mailing its application to the IRS saying it would not spend money on elections in 2010, the Alliance for America’s Future was running TV ads supporting Republican candidates for governor in Nevada and Florida. It also had given $133,000 to two political committees directed by Mary Cheney, the daughter of the former vice president.

Another example of this is the Government Integrity Fund, a conservative non-profit that ran ads in last year’s U.S. Senate race in Ohio. Its application was approved after it told the IRS that it would not spend money on politics. The group went on to do just that.

 

By: Kim Barker and Justin Elliott, ProPublica; Published in The National Memo, May 22, 2013

May 23, 2013 Posted by | Internal Revenue Service | , , , , , , , , | Leave a comment

“Karl Rove’s Area Of Expertise”: The Guy Responsible For More Than His Share Of Meaningful Scandals

The controversy surrounding Justice Department leak investigations, and surveillance of journalists and phone logs, is clearly a serious matter. But is Karl Rove is the best person to be discussing this?

Appearing Monday on Fox News, Karl Rove attacked the Obama administration’s surveilling of Fox reporter James Rosen in a leak investigation as “chilling” and its rationale for doing so “beyond the pale.”

“We had to confront this question during the Bush administration,” he said. “There were leaks of classified information and in each and every instance, the focus was on the potential leak, not the reporter who received it.”

Rove defended the need to prosecute leaks but said the media shouldn’t be targeted. “This is really chilling,” he said.

If we remove Rove from the equation, I’m sympathetic to concerns about the chilling effect the leak investigations will have on journalists and their sources. It’s a point Rachel will probably explore on tonight’s show in more detail.

But if we keep Rove in the equation, there are some noteworthy angles to keep in mind. First, like Dave Roberts, I’m not sure how we arrived at the point at which Karl Rove can appear on national television to scrutinize White House controversies. The guy was, after all, responsible for more than his share of meaningful scandals.

Second, I’m even less sure how we arrived at the point at which Karl Rove can appear on national television to discuss and scrutinize White House controversies involving leaks of classified information. It was Rove, after all, who was very nearly indicted for his role in the White House outing an undercover CIA official as part of a larger political strategy.

Third, the focus during the Bush/Cheney era was “on the potential leak, not the reporter who received it”? I don’t mean to sound picky, but during Bush/Cheney era, the Justice Department “improperly gained access to reporters’ calling records as part of leak investigations.” Indeed, it happened quite a bit. One reporter went to jail to protect a White House source during a leak investigation, and another reporter very nearly met the same fate.

Does Rove not remember any of this?

 

By: Steve Benen, The Maddow Blog, May 20, 2013

May 22, 2013 Posted by | Journalists, National Security | , , , , , , , | Leave a comment