Monday, January 9, 2017
The IRS Scandal, Day 1341: Another View Of The Republicans' Reactivation Of The Holman Rule And Lois Lerner
The Moderate Voice: Preventing the Upcoming Barbarian Apocalypse, by Hart Williams:
House Republicans this week reinstated an arcane procedural rule that enables lawmakers to reach deep into the budget and slash the pay of an individual federal worker — down to a $1 — a move that threatens to upend the 130-year-old civil service. The Holman Rule, named after an Indiana congressman who devised it in 1876, empowers any member of Congress to offer an amendment to an appropriations bill that targets a specific government employee or program. ...
[W]hat does this mean? Well it means that any congressman or senator (almost exclusively GOP) can, in essence, terminate/eliminate almost any civil service employee who incites their wrath. ...
This is a de facto prescription to overturn ALL regulatory enforcement that the “Free Market” pirates of the House GOP deem “bad for business.” And, for a year, the Republicans in Congress can PURGE the Civil Service of all those “obstructionist” employees who insist on doing their jobs as prescribed by law. Think of what they did to Lois Lerner of the IRS, for example, who only attempted to enforce the charitable regulations of the IRS code. In a little-noted move thereafter, the GOP congress essentially gutted all 501(c)4 provisions, making it perfectly legal to launder dark money with zero accountability for political purposes — a complete overturning of the original intent of Congress in CREATING the section 501 provisions prohibiting charitable activities from being partisan POLITICAL activities, or, in essence, allowing the rich to engage in politics on your dime, Mr. and Mrs. US Taxpayer.
The implications of this “rule” are staggering when you apply the “if this goes on” test to it. And recall that you don’t really need to go after ALL civil service employees to create a chilling effect. Just make a few examples of “uppity” civil servants.
- The IRS Scandal, Day 1340: Tax Professors Discuss The Future Of Tax Administration And Enforcement After 'What The Media Often Refer To As The 'IRS Targeting Scandal'' (Jan. 8, 2017)
- The IRS Scandal, Day 1339: House GOP Reactivates 'Holman Rule,' Would Have Permitted Reducing Lois Lerner's Pay To $1 (Jan. 7, 2017)
- The IRS Scandal, Day 1338: Commissioner Koskinen Says Trump Transition Team Has No 'Axes To Grind' Against IRS (Jan. 6, 2017)
- The IRS Scandal, Day 1337: The IRS Is The Third Biggest 'Tax Offender Of 2016' (Jan. 5, 2017)
- The IRS Scandal, Day 1336: Fragmented Oversight Of Nonprofits In The United States (Jan. 4, 2017)
- The IRS Scandal, Day 1335: Politics, Disclosure, And State Law Solutions For 501(c)(4) Organizations (Jan. 3, 2017)
- The IRS Scandal, Day 1334: The IRS’s Diminished Role In Overseeing Tax-Exempt Organizations (Jan. 2, 2017)
- The IRS Scandal, Day 1333: Republicans Weasel Out Of Impeaching IRS Commissioner John Koskinen (Jan. 1, 2017)
- The IRS Scandal, Day 1332: The House GOP's Ridiculous Impeachment Crusade (Dec. 31, 2016)
- The IRS Scandal, Day 1331: Rep. Jim Jordan Offers Resolution To Impeach IRS Commissioner John Koskinen (Dec. 30, 2016)
- The IRS Scandal, Day 1330: House Republicans And Democrats Forge Rare Bipartisan Agreement To Block Impeachment Of IRS Commissioner (Dec. 29, 2016)
- The IRS Scandal, Day 1329: Did The IRS's Targeting Of Conservative Groups Lead It To Grant Tax-Exempt Status To 'Hate Groups'? (Dec. 28, 2016)
- The IRS Scandal, Day 1328: House's Referral Back To Judiciary Committee Is Likely To Kill Koskinen Impeachment (Dec. 27, 2016)
- The IRS Scandal, Day 1327: Delay In Koskinen Impeachment Is Discordant Note In Kumbaya Between Trump And GOP Congress (Dec. 26, 2016)
- The IRS Scandal, Day 1326: Only 72 House Republicans Voted Against Delay In Impeachment Of IRS Commissioner (Dec. 25, 2016)
- The IRS Scandal, Day 1325: House Impeachment Leader Grills Witness Over Giving Koskinen 'Excellence In Public Service' Award (Dec. 24, 2016)
- The IRS Scandal, Day 1324: Ways & Means Committee Seeks Information From IRS About Continued Targeting Of Organizations Based On Political Beliefs — This Time, Pro-Israel Groups (Dec. 23, 2016)
- The IRS Scandal, Day 1323: Tea Party Group Decries IRS's 'Latest Bob And Weave To Avoid Accountability' (Dec. 22, 2016)
- The IRS Scandal, Day 1322: Government Denies That It Continues To Harass Tea Party Group (Dec. 21, 2016)
- The IRS Scandal, Day 1321: Maureen Dowd, Donald Trump, And The IRS Scandal (Dec. 20, 2016)
- The IRS Scandal, Day 1320: How The GOP Establishment Teamed With Nancy Pelosi To Table Impeachment Vote On IRS Commissioner (Dec. 19, 2016)
- The IRS Scandal, Day 1319: How Will The Koskinen Saga End? (Dec. 18, 2016)
- The IRS Scandal, Day 1318: More On Koskinen And Trump (Dec. 17, 2016)
- The IRS Scandal, Day 1317: Koskinen Says He Is Willing To Serve Another Term As IRS Commissioner If Trump Wants To Reappoint Him (Dec. 16, 2016)
- The IRS Scandal, Day 1316: IRS Commissioner Koskinen Says Resignation Did Not Come Up In Meeting With Trump Transition Team (Dec. 15, 2016)
- The IRS Scandal, Day 1315: Bureaucratic Bumbling Or Targeting Of Conservatives? (Dec. 14, 2016)
- The IRS Scandal, Day 1314: How The Trump Administration Can Stop IRS Abuse of Political Groups (Dec. 13, 2016)
- The IRS Scandal, Day 1313: The Koskinen-Trump Connection (Dec. 12, 2016)
- The IRS Scandal, Day 1312: Impeachment Averted, But Will Koskinen Resign Or Be Fired By President Trump? (Dec. 11, 2016)
- The IRS Scandal, Day 1311: The IRS 'Scandal' Was Part Of GOP's Strategy To Bog Down Obama Administration (Dec. 10, 2016)
- The IRS Scandal, Day 1310: Rep. Jim Jordan Is 'Frustrated' By House Passing On IRS Chief Koskinen's Impeachment (Dec. 9, 2016)
- The IRS Scandal, Day 1309: How Trump Got Yanked Into GOP's IRS Impeachment Fight (Dec. 8, 2016)
- The IRS Scandal, Day 1308: House Votes To Send Koskinen Impeachment Back To Judiciary Committee (Dec. 7, 2016)
- The IRS Scandal, Day 1307: Group Seeks Summary Judgment On Claim That Rev. Rul. 2004-6 Is So Vague That It Allows The IRS To Target Conservative Groups (Dec. 6, 2016)
- The IRS Scandal, Day 1306: Government Rejects Claim That Rev. Rul. 2004-6 Allows The IRS To Target Conservative Groups (Dec. 5, 2016)
- The IRS Scandal, Day 1305: Group Seeks Summary Judgment On Claim That Rev. Rul. 2004-6 Is So Vague That It Allows The IRS To Target Conservative Groups (Dec. 4, 2016)
- The IRS Scandal, Day 1304: 'The IRS Has Never Stopped Targeting Conservatives' (Dec. 3, 2016)
- The IRS Scandal, Day 1303: Group Sues IRS For Failure To Produce Communications With Joint Committee on Taxation (Dec. 2, 2016)
- The IRS Scandal, Day 1302: The 'Corrupt' IRS Is Still Persecuting The Tea Party (Dec. 1, 2016)
- The IRS Scandal, Day 1301: If Koskinen Is Impeached Or Fired, Trump Could Appoint New IRS Commissioner To Go Easy On His Taxes (Nov. 30, 2016)
- The IRS Scandal, Days 1201-1300 (Aug. 22, 2016 - Nov. 29, 2016)
- The IRS Scandal, Days 1101-1200 (May 14, 2016 - Aug. 21, 2016)
- The IRS Scandal, Days 1001-1100 (Feb. 4, 2016 - May 13, 2016)
- The IRS Scandal, Days 901-1000 (Oct. 27, 2015 - Feb. 3, 2016)
- The IRS Scandal, Days 801-900 (July 19, 2015 - Oct. 26, 2015)
- The IRS Scandal, Days 701-800 (April 10, 2015 - July 18, 2015)
- The IRS Scandal, Days 601-700 (Dec. 31, 2014 - April 9, 2015)
- The IRS Scandal, Days 501-600 (Sept. 22, 2014-Dec. 30, 2014)
- The IRS Scandal, Days 401-500 (June 14, 2014 - Sept. 21,2014)
- The IRS Scandal, Days 301-400 (Mar. 6, 2014 - June 13, 2014)
- The IRS Scandal, Days 201-300 (Nov. 26, 2013 - Mar. 5, 2014)
- The IRS Scandal, Days 101-200 (Aug. 18, 2013 - Nov. 25, 2013)
- The IRS Scandal, Days 1-100 (May 10, 2013 - Aug. 17, 2013)
https://taxprof.typepad.com/taxprof_blog/2017/01/the-irs-scandal-day-1341another-view-of-the-republicans-of-the-holman-rule.html
Comments
Somehow his example of Lois Lerner doesn't support the point he's trying to make. Talk about tone deaf.
Posted by: ruralcounsel | Jan 10, 2017 4:29:41 AM
Change "uppity" to "partisan hack" and I agree with him 100%.
Posted by: Sondra
Sondra you have to give the guy credit for working a racism slant into his op-ed. Who knew wanting to hold people like Lerner accountable was really racism against black people?
Posted by: wodun | Jan 9, 2017 6:49:28 PM
define Civil Servant? Does this include Agency heads and Federal judges (not SCOTUS)?
Posted by: MPA | Jan 9, 2017 12:10:57 PM
> a move that threatens to upend the 130-year-old civil service.
Notice how quickly liberals embrace a grand tradition when their opponents propose to do something radical?
Posted by: Reformed Trombonist | Jan 9, 2017 11:11:55 AM
Pretty amusing this guy calling himself the "moderate voice" and then going all apocalyptic on us.
Posted by: binkless | Jan 9, 2017 11:01:29 AM
The author goes on like reducing the salary of a civil service employee who was bonkers with partisanship, and Lerner was, to $1 would be a bad thing. Did he write " And, for a year, the Republicans in Congress can PURGE the Civil Service of all those “obstructionist” employees who insist on doing their jobs as prescribed by law." with a straight face? She, and those targeting TEA party conservatives and the like, weren't following the spirit of the law, or following the law in an even-handed fair manner.
Posted by: Milwaukee | Jan 9, 2017 9:37:50 AM
"you don’t really need to go after ALL civil service employees to create a chilling effect. Just make a few examples of 'uppity' civil servants."
Change "uppity" to "partisan hack" and I agree with him 100%.
Posted by: Sondra | Jan 9, 2017 9:17:20 AM
So, could Congress revoke the government provided portion of her 6 figure retirement. I hope so.
Posted by: amr | Jan 9, 2017 9:02:09 AM
Republicans should start at the EPA and IRS and DOJ and apply this to Obama political appointees and to any appointees who have wormed their way in to the Civil Service positions in the past 5 years.
Posted by: Anna D | Jan 9, 2017 9:01:57 AM
The potential of the Holman Rule is great. Will be used? And if it's NOT used, what will we say -- or do -- about the flaccidity of the GOP caucuses in Congress?
Posted by: Francis W. Porretto | Jan 9, 2017 8:49:42 AM
Oh how terrible, the repubs might now actually be able to do something about the corrupt lefties who control the civil service, and even worse get rid of people who dont support the free market. Cant let that happen can we. This idea looks great to me, and this article just tells me they are on exactly the right track.
Posted by: richard40 | Jan 9, 2017 8:28:52 AM
Any objections to the use of the Holman Rule presumes that the civil service is truly insulated from politics. Does anybody, other than the usual partisan hacks around here, honestly believe that politics had nothing to do with this? TIGTA was pretty definitive on that point:
https://www.treasury.gov/tigta/congress/congress_05222013.pdf
No mention above of the other chilling effect, when the DOJ publically refuses to seriously investigate any wrongdoing in the Executive Branch, which was their modus operandi under the Obama administration. The worst thing that happened for lying before Congress was a contempt citation.
I'm sure those who were dismissive or in denial of the facts of the targeting scandal will appreciate the precendent that was set, now that a guy like Trump will be running things...
Posted by: MM | Jan 9, 2017 7:01:28 AM
The president-elect of the United States claims he will not release his tax returns because he is under audit. Congratulations to the revenue agent who drew that assignment, assuming of course that the P-EOTUS is in fact under audit. Now the Holman Rule will permit the fair-minded members of the Republican caucuses to reduce his or her salary to $1. Welcome to the third world.
Posted by: Publius Novus | Jan 12, 2017 1:11:42 PM