The IRS is hiding the identity of the person/s who illegally leaked the private donor list of the conservative group, National Organization for Marriage, and are suggesting that the law that prevents them from disclosing private tax returns demands they keep this persons identity confidential. But what do tax returns have to do with violating the first amendment rights of this group?

WSJ – The most compelling evidence of that is what happened to the National Organization for Marriage. Its chairman, John Eastman, testified before the House Ways and Means Committee, and the tale he told was different from the now-familiar stories of harassment and abuse.

In March 2012, the organization, which argues the case for traditional marriage, found out its confidential tax information had been obtained by the Human Rights Campaign, one of its primary opponents in the marriage debate. The HRC put the leaked information on its website—including the names of NOM donors. The NOM not only has the legal right to keep its donors’ names private, it has to, because when contributors’ names have been revealed in the past they have been harassed, boycotted and threatened. This is a free speech right, one the Supreme Court upheld in 1958 after the state of Alabama tried to compel the NAACP to surrender its membership list.

The NOM did a computer forensic investigation and determined that its leaked IRS information had come from within the IRS itself. If it was leaked by a worker or workers within the IRS it would be a federal crime, with penalties including up to five years in prison.

In April 2012, the NOM asked the IRS for an investigation. The inspector general’s office gave them a complaint number. Soon they were in touch. Even though the leaked document bore internal IRS markings, the inspector general decided that maybe the document came from within the NOM. The NOM demonstrated that was not true.

For the next 14 months they heard nothing about an investigation. By August 2012, the NOM was filing Freedom of Information Act requests trying to find out if there was one. The IRS stonewalled. Their “latest nonresponse response,” said Mr. Eastman, claimed that the law prohibiting the disclosure of confidential tax returns also prevents disclosure of information about who disclosed them. Mr. Eastman called this “Orwellian.” He said that what the NOM experienced “suggests that problems at the IRS are potentially far more serious” than the targeting of conservative organizations for scrutiny.