TaxProf Blog

Editor: Paul L. Caron, Dean
Pepperdine University School of Law

Friday, January 29, 2016

The IRS Scandal, Day 995

IRS Logo 2The Daily Caller, California AG Threatens Non-Profit Donors' First Amendment Rights:

California Attorney General Kamala Harris is being deluged with requests from non-profit officials to withdraw her “unconstitutional” demand for public disclosure of donor names because it creates a “back door” around the U.S. Supreme Court’s decision in Citizens United.

Harris’ critics claim her demand violates the First Amendment and privacy laws, compromises donor privacy and security, and makes it easier for government officials and agencies to pressure dissenting groups challenging particular policies and programs. ...

“This is a back-door way these liberal Democrats to get around the Citizens United decision,” Mark Fitzgibbons, a Northern Virginia lawyer who represents individuals and businesses against government abuses, told The Daily Caller News Foundation.

Nonprofit groups with a 501(c)4 status already have to submit the names of people who donate more than $5,000 on Schedule B of their annual 990 filings with the Internal Revenue Service (IRS), Fitzgibbons said. When those groups submit tax paperwork at the state level, they redact those names. Harris wants to see those names.

A former FEC commissioner agreed with Fitzgibbons.

“It’s very clear that groups on the left, particularly the Democratic Party, they hated the Citizens United decision,” Hans von Spakovsky, a senior legal fellow with the conservative Heritage Foundation, told TheDCNF.

“Their way around it is to force donor disclosure, so they can scare off donors and dry up the resources these organizations use to get their messages out the way they are entitled to under Citizens United. So I think this is a backdoor way of getting around that case,” said von Spakowsky, who served on the FEC via a recess appointment by President George W. Bush in 2006. ...

“It has a big chilling effect,” von Spakovsky said. “You can pull up all kinds of articles about the Tea Party organizations who were subjected to the scrutiny by Lois Lerner and the IRS, and many of them talk about how their donors started drying up.”

Critics worry that if state officials obtain donor names, it could lead to another scandal like the IRS targeting violations.

“What happens is, you get what the IRS did with Lois Lerner, where they started targeting conservative organizations and conservative donors, and I bet that is what Harris is doing,” von Spakovsky said. “She is one of the most political attorneys general in the country.”

http://taxprof.typepad.com/taxprof_blog/2016/01/the-irs-scandal-day-995.html

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Comments

It's simple: The right to privacy must be set aside when we have an opportunity to harass and boycott opposition donors or get them fired. Totalitarians everywhere agree.

Posted by: AMT buff | Jan 29, 2016 10:56:41 AM

From DC to California, Democrats engage in lawless criminal behavior.

Posted by: wodun | Jan 29, 2016 11:36:42 PM

California Attorney General Kamala Harris - Get her bar ethics complaint review and federal prison cell ready.

Posted by: ruralcounsel | Feb 1, 2016 7:37:01 AM