IRS commits political sabotage: Column

John Eastman | USATODAY

The world is learning about the corruption of the IRS in targeting conservative groups, including various Tea Party organizations, for heightened scrutiny. But the corruption goes much deeper than harassing groups seeking first time non-profit designations, into actively sabotaging existing non-profit groups by releasing confidential information.

In March of 2012 the Human Rights Campaign published a confidential tax return of the National Organization for Marriage, which was immediately republished byThe Huffington Post and other liberal news media outlets. The HRC and NOM are the leading national groups on opposing sides of the fight over gay marriage. HRC wants to redefine marriage to make it genderless, while NOM wishes to preserve marriage as the union of one man and one woman.

NOM a target

My organization was not the only conservative-linked political group or business that appears to have faced shady actions from IRS employees. ProPublica reported this week that the IRS handed over to them confidential documents of nine conservative organizations whose applications for non-profit status were still pending. Among them: Crossroads GPS, a key group backing Mitt Romney's presidential campaign.

Our case was particularly egregious because the IRS leak of confidential information fed directly into an ongoing political battle. For months before March 2012, the pro-gay marriage HRC had been demanding that my group, NOM, publicly identify its major donors, something that NOM and many other non-profits refuse to do. The reason is simple. In the past, gay marriage advocates have used such information to launch campaigns of intimidation against traditional marriage supporters.

Just as gay marriage proponents were demanding the information, the IRS appears to have illegally given them exactly what they were looking for. The tax return released by the HRC contained the names and addresses of dozens of major donors to NOM. And there's little doubt where the documents came from. The tax returns contained internal coding added by the IRS after the returns were originally submitted.

For the IRS to leak any organization's tax return to its political opponents is an outrageous breach of ethics and, if proven, constitutes a felony. Every organization — liberal and conservative — should shudder at the idea of the IRS playing politics with its confidential tax return information. But the situation here is even more egregious because the head of the HRC was at the time serving as a national co-chair of President Obama's re-election campaign.

The release of NOM's confidential tax return to the Human Rights Campaign is the canary in the coal mine of IRS corruption. Contrary to assertions that the targeting of Tea Party groups was an error in judgment by low-level IRS bureaucrats, the release of NOM's confidential data to a group headed by an Obama campaign co-chair suggests the possibility of complicity at the highest levels of politics and government. This wasn't a low-level error in judgment; it was a conscious act to reward a prominent Obama supporter while punishing an opponent.

That's the reason the IRS has not been very interested in getting to the bottom of what happened. Federal investigators have interviewed NOM officials about the matter, but our efforts to find out what has become of the investigation have been stonewalled at every turn.

Not about marriage

The tendency of some is to set this serious issue aside because it is seemingly part of the war on traditional marriage, an issue that divides the country in half and bedevils many. But given the broader issues being raised about the IRS, that's not right.

At this stage, nobody is accusing the White House or the Obama re-election campaign of illegal activity. But there is a serious question about whether there was communication or possible collusion between the IRS and the HRC, and if there was, whether anyone at the White House or the Obama re-election campaign was involved.

It is imperative that congressional investigators get to the bottom of the issue. If the IRS can get away with leaking NOM's confidential tax return to its chief political opponent, then no taxpayer is safe from political retribution by the federal government.

John Eastman, a constitutional law professor at Chapman University, is chairman of theNational Organization for Marriage.

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