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Jewish World Review May 20, 2013/ 11 Sivan, 5773 Crossing sacred lines in Washington By David Shribman JewishWorldReview.com | You don't have to be a member of the Tea Party to be outraged over the Internal Revenue Service's special and unwarranted scrutiny of conservative groups. I'm not, and I am. For four decades liberals have nursed hurts over the Nixon administration's use of the IRS to intimidate if not punish its political opponents. The very first item in Article II of the House Judiciary Committee resolution impeaching Nixon speaks of the "violation of the constitutional rights of citizens" and the improper examination of "confidential information contained in income tax returns." One thing a second-term president wants to avoid is appearing in the same sentence with the word "Nixon," and so the IRS forays during the Obama years combined with the disclosure that the Justice Department obtained phone records of Associated Press reporters and editors puts the current administration in unusual peril. Yes, the Nixon comparisons are superficial, and no, history never repeats itself, but yes, last week was a very bad one for President Barack Obama and portends rough weather ahead. But these twin incursions into well-established rights -- violations of the trust and sense of fair-mindedness that government requires even if politics does not -- underline two principles that should be sacred, whether the president is a Republican or a Democrat, whether the timbre of the times is conservative or liberal: Never mess with the work of an independent press. Never use the taxing authority of the government for political ends. No two institutions of American governance are more precious and deserving of caution from officials who -- and here Republicans and Democrats are equally vulnerable to sin -- believe they have reason to deplore the one and abuse the other. For generations Americans have been served by an independent press, which is one of the political and cultural distinctions of our civic life. And the entire functioning of our government requires that the power to tax--which both Daniel Webster and John Marshall equated in 1819 with the power to destroy -- be deployed with antiseptic fairness. So there are two scandals here, and all Americans should be concerned about them both. But there is a third scandal unearthed by last week's events, and it comes under the familiar dictum, often attributed to fellow columnist Michael Kinsley, that scandal usually isn't about what's illegal, but what is legal. Here is what is legal and at the heart of this month's contretemps: It is legal for 501(c)(4) organizations -- conservative groups such as the various permutations of the Tea Party as well as many liberal groups such as PrioritiesUSA -- to have tax exemptions under the claim that they are primarily involved in the promotion of social welfare. The promotion of social welfare is an elusive concept often having little to do with social welfare and often having to do with politics. Its virtue is almost always in the eyes of the beholder, if not the donor. This is not a new issue in Washington. More than nine months ago, 10 Republican senators, including some regarded by Democrats as among the most open-minded and even-handed of their rivals, contacted Douglas H. Schulman, the IRS commissioner, to express concern that political factors were affecting the agency's activities. Nine years ago the American Bar Association created a task force to examine this question and found there was "no statutory basis" for the principle "that social welfare does not include political intervention." Indeed, in 1990 -- smack in the middle of a Republican administration -- the director of the IRS Exempt Organizations Technical Division told a conference (and you can imagine what a lively, fun-packed convention this was): "When it comes to political activities, that is, giving money to a candidate, telling people to vote for a certain candidate, the rule is that it has to be less than primary. If it's 49 percent of their income, that is less than primary." That's the principle guiding the use of all that principal. But it's not a good one, as it allows all sorts of groups to raise enormous amounts of money and then devote 49 percent of it to political purposes without tax exposure. Some estimates put the ad spending by these tax-exempt groups at more than half a billion dollars during the last election cycle. Last week an unusual breeze of fairness blew through the capital, often from unlikely sources. Consider these remarks from Senate Majority Leader Harry Reid of Nevada: "There are these shadowy political groups masquerading as social welfare organizations in order to solicit anonymous donations from we don't know who -- big corporations and also wealthy people. That needs to stop. We do not know exactly how much money was spent in the last election by these groups, and I acknowledge most of the money was spent on the right wing, but there was plenty on the left wing." Here is the scary thing: USAToday reports that the IRS approved nonprofit status for liberal groups at the same time it was denying that status for conservative groups. Rhetoricians at the University of Pittsburgh and Jesus College, Cambridge, have developed a theory of "keywords," and it doesn't take a Pitt or Cambridge degree to ascertain the political leanings of a group with a name such as Missourians Organizing for Reform and Empowerment, which received tax-exempt status at the time when Tea Party groups employing words such as "patriot" did not. None of this is good for the Obama administration, which otherwise would have had something big to crow about last week. Revised nonpartisan Congressional Budget Office figures put the federal budget deficit at $642 billion. That marks a $203 billion improvement from earlier forecasts -- and eerily, $203 billion was the size of the 1981 deficit, expressed in today's dollars, that propelled Ronald Reagan into office. But that wasn't the predominant discussion of the week. Instead, the talk was of how the administration breached some of the most sacred lines in American life. First Amendment purists are right that attacking press prerogatives is an attack on American values. And maybe conservatives are right about taxes, because the type of flat tax they espouse could help take the IRS out of politics and make all of these exemptions meaningless. Comment by clicking here. David Shribman, a Pulitzer Prize winner in journalism, is executive editor of the Pittsburgh Post-Gazette. Previously: 05/06/13 The limited power of presidents 04/29/13 Living history on display 04/22/13 Social Security, 21st-century style: Dems call Obama a traitor 04/15/13 49 years, four months, 25 days: Today's America is as far removed from JFK's era as his was from World War I 04/08/13 The Senate as it once was 04/01/13 Connections and coincidence: History is full of mysterious relationships, including clusters of greatness 03/25/13 Where portraits tell the story of America's greatest conflict 03/18/13 A former president's correspondence reveals the power of letters, and the powerlessness of aging 03/11/13 Outrageous spectacle lead to a rational resolution on the budget? A nation can dream, can't it? 02/25/13 The one big thing Democrats and Republicans can actually agree on 02/18/13 Obama is wrong to make young people think college is mainly about making a living 02/11/13 The war inside the GOP 02/04/13 Presidential politics, frozen in place 01/28/13 Speech invokes past for present and future 01/14/13 If Obama's inaugural address is to be remembered at all 01/21/13 Identity crisis in the GOP 01/07/13 History meets firearms 12/31/12 In search of our better angels 12/24/12 Wounded in war, Inouye just kept serving his country 12/10/12 President as change agent 12/10/12 Another overtime election 12/03/12 Defining the Obama presidency: Our re-elected chief executive has the whip hand now, but how will he use 11/19/12 New Hampshire 2016 11/12/12 Obama's second chance 11/05/12 America's first martyr to free speech 10/29/12 Making hay in Iowa 10/15/12 When two men confronted each other from afar as civilization hung in the balance 10/08/12 If you look at the election a certain way, things don't seem so terrible 10/01/12 Debating the debates 09/24/12 Pessimists R Us 08/20/12 Obama remains a puzzle even as he asks the American people for a second chance 08/13/12 With Ryan, Romney upends the conversation 08/06/12 The real Romney remains hidden behind other people's opinions 07/30/12 What summer is for: How August can matter, and how Romney might use it 07/23/12 The Independent son of independent Maine promises to shake up Washington 07/16/12 The Rambler American 07/09/12 The Telstar revolution: Fifty years ago, a 3-foot orb was sent aloft and spawned a new era in communications 07/02/12 It's got only four electoral votes, but Romney and Obama will be fighting for them 06/25/12 A little noted rebellion over a lonely stretch of land helps tell the American story 06/18/12 You're nothing special: Luck is what you make of it . . . and what it makes of you 06/11/12 Anybody can talk authoritatively about the presidential election. Here's how 06/04/12 Candidates love to ally themselves with admired presidents, in sometimes unexpected ways 05/29/12 Americans aren't in a new burst of patriotism but they are in a new burst of appreciation for the military 05/21/12 Inside out: Almost nothing about this year's presidential election conforms to conventional analysis 05/14/12 Lugar grew into an elder statesman, which is why he'll be leaving the Senate 05/07/12 50 years later, MacArthur's farewell to arms continues to inspire 04/30/12 The likability factor: We're going to find out how important it is in these troubled times 04/23/12 Romney's four battles: With the nomination essentially in hand, he must turn to new challenges 04/16/12 For GOPers, expect the frustration to build, not abate 04/09/12 The political battles you cannot see 04/02/12 Romney's roadmap: Doing better in Democratic states may complicate his fall campaign 03/26/12 Romney struggles with same GOP forces his father faced long ago 03/19/12 The writer and the president 03/12/12 Romney could learn from his rivals after Super Tuesday 03/05/12 The GOP race continues, and Republicans continue to grouse about their choices 02/27/12 The turnout threat: when voters vamoose 02/20/12 The Winter's Tale: Republicans are engaged in a 'problem play,' full of psychological, and real, drama 02/13/12 Which Ike to like? 02/08/12 A tale of two elections: Voters today are making their most profound choice since 1912 01/30/12 Whither the GOP establishment? 01/23/12 The Democratic coalition is breaking up 01/09/12 The verdict that wasn't 01/02/12 These are the keys to who will persist 12/19/11 Another Gingrich rebellion 12/12/11 A defining fight for the GOP 12/05/11 A distinct lack of enthusiasm 11/28/11 For GOPers, the winds are beginning to pick up, the horizon is darkening 11/21/11 Today's polarized politics . . . blame FDR and the political scientists 11/11/11The sporting life 11/07/11 Ron Paul, true believer 10/31/11 Why Cain isn't able 10/10/11 GOP starting over 10/03/11 The Forgotten War of 1812 09/26/11 The way we live now 09/19/11 The crisis this time 09/11/11 But what will it mean? 09/05/11 A horse race column: Who might win the GOP nomination and how it might unfold 08/29/11 The vacuum calls 08/22/11 Passion and politics: How Barack Obama and Mitt Romney got crowded into the same dangerous corner 08/15/11 Eleanor's little village 08/08/11 The agony of August 08/01/11 The politics of the impossible: What a country this might be if the political class served the broad interests of the majority 07/25/11 Pennant fever grips 'Burgh 07/18/11 Exemplar of an era 07/11/11 On summer 07/04/11 The soul of the party 06/27/11 What the Secretary said 06/20/11 Romney has big advantages over his rivals, but they will be coming after him 06/06/11 One question each 05/30/11 The 14-week challenge 05/23/11 Delay tactics 05/16/11 Republicans are waiting 05/09/11 Bin Laden is dead. What does it mean? 05/02/11 From nobodies to nominees 04/25/11 The founders left slavery for future generations to settle, and we still haven't fully come to terms with it 04/18/11 From audacious to cautious 04/11/11 Dreaming of space 12/12/10 The GOP takes control 12/06/10 DECEMBER 7 11/29/10 GOP presidential hopefuls already are lining up local supporters in what is now a red state 11/22/10 Burning down the House 11/15/10 Institutions of higher learning are finally beginning to teach important lifeskills 11/04/10 The war has just begun 11/01/10 Echoes of a speech 40 years ago this week still resonate today 10/25/10 50 years ago America chose between two men who were dramatically different --- and eerily similar © 2011, The Pittsburgh Post-Gazette. Distributed by Universal Uclick, as agent for UFS.

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