What’s been said of confession – that it is good for one’s soul but bad for one’s reputation – can also be true of testifying to Congress, so Lois Lerner has chosen to stay silent. Hers, however, is an eloquent silence.
The most intrusive and potentially most punitive federal agency has been politicized; the IRS has become an appendage of Barack Obama’s party. Furthermore, congruent with exhortations from some congressional Democrats, it is intensifying its efforts to suffocate groups critical of progressives, by delaying what once was the swift, routine granting of tax-exempt status.
So, the IRS, far from repenting of its abusive behavior, is trying to codify the abuses. It hopes to nullify with new rules the existing legal right of 501(c)(4) groups, many of which are conservative, to participate in politics. The proposed rules have drawn more than 140,000 comments, most of them complaints, some from liberals wary of IRS attempts to broadly define “candidate-related political activity” and to narrow the permissible amount of this.
Lerner is, so far, the face of this use of government to punish political adversaries. She knows what her IRS unit did and how it intersects with the law, and for a second time she has exercised her constitutional right to remain silent rather than risk self-incrimination. The public has a right to make reasonable inferences from her behavior.
And from Obama’s. After calling the IRS behavior “outrageous,” he now says there is not a “smidgen” of evidence of anything to be outraged about.
Obama breezily says there was nothing more sinister than “boneheaded decisions” by wayward and anonymous IRS underlings.
The IRS rules that Obama says befuddled the IRS boneheads – to his benefit – read today exactly as they have read since 1959. For half a century they did not prevent the IRS from processing applications for tax-exempt status in less than three months.
Can anyone identify a Democratic Senate candidate whose tax records were leaked, as Christine O’Donnell’s were when she was the Republican candidate in Delaware in 2010? Is it a coincidence that in January 2011, after Catherine Engelbrecht requested tax-exempt status for two conservative groups she founded in Texas – King Street Patriots and True the Vote – the Engelbrecht family business was notified of its first IRS audit?
The idea that politicians should write laws restricting people critical of them is as perverse as the idea that the sprawling, opaque IRS bureaucracy should be assigned to construe and apply such laws. This column has previously noted that in 1996 a Republican Senate candidate called the FEC to dispute campaign finance charges made by Democrats. The head of the FEC’s enforcement division told the Republican: “Promise me you will never run for office again, and we will drop this case.” So spoke Lois Lerner.
There almost certainly are people, above her and beyond the IRS, who initiated or approved the IRS’ punitive targeting of conservative groups, and who hope Lerner’s history of aggressive partisanship will cause investigators to conclude that she is as high as responsibility for the targeting rises. Those people should hire criminal defense attorneys.
George Will‘s email address is email@example.com.