DOJ vs AP
During the Bush administration, I was critical of the misdeeds of government. Being consistent, I apply the same standards to the Obama administration.
While Obama failed to close the infamous prison and has run a drone assassination campaign of dubious legality and morality, his administration has largely avoided the volume of scandals that have hit previous administrations. While the same Republicans who said very little about 54 attacks on American consulates/embassies under the Bush administration worked tirelessly with the Fox News allies to make Benghazi into a scandal, it would seem that Fox News’ dream has come true: two true scandals on Obama’s watch.
The first involves the IRS which apparently flagged conservative groups applying for tax-exempt status for special review. While it has yet to be proven that Obama was directly connected to this, I do hold that leaders are accountable for the actions of those who fall under their authority. This is, of course, can be mitigated by various factors such as reasonable knowledge and the extent to which the leader directly oversees those in question. For example, the CEO of GE is obviously not accountable for a low-level employee stealing office supplies in some office overseas.
While some claim that this scandal has been deflated, this matter probably needs more sorting out.
The second involves the Justice Department obtaining two months of the Associated Press’ telephone records. As happened so often in the Bush Administration, this apparent violation of rights was defended by concerns of national security. In this case, the concern was in regards to a criminal investigation of leaked information in a May 7, 2012 AP story about the CIA stopping an al Qaida bomb plot in Yemen.
During the Bush years, I was critical of using appeals to national security to warrant violations of rights and liberties. Being consistent, I must be critical of the same approach when it is used under Obama.
As I have argued before, such apparent violations can sometimes be properly justified by appeals to national security. In the AP case, there do seem to be legitimate grounds for an investigation. However, the handling of the phone records by the DOJ certainly seems to be excessive and unwarranted and it seems to have grotesquely violated the rights of the reporters and editors, not to mention assaulting the foundation of the free press. This is clearly an unjust act on the part of the department of justice.
Naturally, I cannot help but compare the views expressed on Fox News and by some Republicans when a Republican administration was engaged in violating rights (such as illegal wire tapping, illegal detention and torture) as well as other wrongful and/or incompetent behavior (such as the invasion of Iraq on the basis of lies). This time around, Fox News and I are sort of on the same side in that we are critical of the IRS and DOJ. However, I am acting on the basis of a consistent application of moral principle and the folks at Fox News are presumably following their usual approach of attacking Obama.
Tea, Taxes and Tyranny
Somewhat ironically, during the 2012 campaign season the IRS decided to flag for review applications for tax-exempt status from groups whose names included “Tea Party” or “patriots.” Not surprisingly, this has created some furor. While an IRS spokesperson has claimed that the extra attention was not at the behest of the Obama administration and an apology has been issued, this matter certain deserves greater scrutiny.
As should come as no surprise, Republicans (and some Democrats) have already called for a congressional investigation and a review by the administration.
The obvious point of concern is that the IRS was involved in partisan politics. After all, groups with “Tea Party” and “patriot” in their names would generally tend to be anti-Obama (if not pro-Romney) and if they were singled out for special review, this would certainly suggest partisan motivation. What would be more damning would, of course, be evidence that the IRS denied tax-exempt status unfairly to groups with such names. As it stands, the IRS claims that none of the groups in question were rejected (at least not yet).
While such flagging for review would seem to be partisan, perhaps the motivation was not partisan. An alternative explanation is that the IRS folks involved in this were concerned that such groups might be more likely to have “problematic” applications because of the Tea Party’s view of taxes (that they are taxed enough already) and hence flagged them for more careful review on that basis. While such a motivation (if it actually existed) might be understandable, it would still be problematic in that it would still have the effect of targeting on partisan lines and the IRS should avoid even the appearance of being partisan.
It might also be the case that folks involved were concerned that such groups would be more likely to be involved in partisan politics, which is supposed to deny them tax-exempt status. However, if they only flagged “Tea Party” and “patriots” rather than any phrases or words that would be indicative of partisan politics, then they could be justly accused of focusing on conservative groups. This would, obviously enough, be unjust.
The IRS also endeavored to play the usual “rogue employee” gambit. In this case, the claim is that the targeting was the work of a few lower level revenue agents in Cincinnati rather than as a general policy taken by the IRS. If this can be proven, there would still be a problem-but obviously not as bad as having the IRS engaged in such behavior as a matter of general policy. If it can be proven that this matter reaches up the chain of command, it would be rather bad for the IRS and also for the Obama administration.
On a somewhat related note, there are also concerns that while the IRS flagged certain applications, the agency has been lax in enforcing the law forbidding tax-exempt 501(c)(4) groups from engaging in partisan politics. While these groups can collect anonymous money and spend it on advertising, they cannot endorse candidates or parties. They can, however, engage in political advertising, provided they at least make a token effort at creating the illusion that they are non-partisan. Thanks to the absurd Citizens United decision, corporations can spend unlimited money in federal elections and they have certainly been doing so, to the detriment of democracy in America.
While I am concerned about the claim that the IRS has engaged in partisan politics, I am also concerned that the law essentially allows the creation of tax-exempt fronts for money to be funneled into “non-partisan” political advertising for the left and the right. As might be imagined, to not even properly enforce such a toothless law would be a serious failure on the part of the IRS.
Congratulations, Mr. President
I am writing this on election day, so I do not know who has won. However, no matter who is elected I will still hold to these words.
Congratulations on your victory, Mr. President. You have a tough time ahead of you. We are still involved in war. While the economy has improved since 2008, people are still suffering. We can also expect trouble from Iran and other parts of the world.
As always, you can count on me to support you when I have a good, logical reason to do so. My commitment has consistently been to the good of the country and not to a particular political party or ideology.
Naturally, you can also count on me to be critical when I have good, logical reasons to do so. I am not mindlessly committed to a party nor in the thrall of a specific ideology. As such, when I have a legitimate disagreement I will make it clear in a rational and fair way.
I want you to succeed in bringing America out of the economic trouble that remains and I want you to lead us safely and boldly through the times of trouble that are sure to come.
I believe in America and I believe that we can work together to do what must and should be done.
Congratulations-enjoy your victory, for soon you must get to work.












1 comment