A who's who list of 104 conservative movement leaders, organizations, and lawyers have sent House Oversight & Government Reform Committee Chairman Jason Chaffetz the attached letter and Memorandum of Cause for Hearings on Schedule B Violations (linked here). The letter and Memorandum of Cause allege and describe serious violations and evasions of the Internal Revenue Code by California Attorney General Kamala Harris and New York Attorney General Eric Schneiderman with regard to the confidentiality of donor names and addresses on Schedule B of Form 990 filed by nonprofit organizations with the IRS.
Harris and Schneiderman are using state charitable solicitation licensing schemes to collect Schedule B donor names and addresses in dragnet fashion, even though their state laws do not require them to acquire that confidential federal tax return information. They are demanding and collecting this information by choice, and in ways not authorized by the federal tax code. The tax code and IRS interpretations place severe restrictions on state officials’ acquiring and using such information.
The letter, which was initiated by the Weyrich Lunch, also asks Chairman Chaffetz for congressional investigation into why the IRS has been derelict in failing to act to prevent the state AGs’ violations of the tax code. The letter references the state AGs’ violations of the constitutional protections of the right of private association as expressed in the 1958 landmark civil rights case NAACP v. Alabama.
Post-Watergate reforms to the tax code created a rigid regime for how state and federal officials may gain access to, use, and inspect confidential federal tax return information. The dragnet methods used by Harris and Scheiderman to acquire, inspect, and even disclose confidential Schedule Bs are unprecedented. Civil and even criminal penalties for willful violations may apply to violators of the tax code’s confidentiality laws.
The Memorandum of Cause describes the IRS’s unique and exclusive authority to protect and monitor confidential federal tax return information. The IRS is supposed to require mandatory agreements with states and conduct on-site inspections when states are provided access to confidential federal tax return information. The Memorandum raises issues about whether the Lois Lerner-era decisions by Harris and Schneiderman constitute willful evasions of federal law, and whether the IRS was knowingly derelict in taking steps to prevent Harris and Schneiderman from evading federal tax return confidentiality laws.
The Memorandum shows that the law and IRS interpretations not only prohibit disclosure of donor names to the public or select third parties, but also prohibit unauthorized access to, and use of, such information by state officials except under limited exceptions authorized under the law.
In a scathing ruling in April, U.S. District Court Judge Manuel Real enjoined Harris from acquiring the Schedule B names of donors to Americans for Prosperity Foundation. That ruling was based on the First Amendment. Judge Real even questioned Harris’ candor with the court, writing, “The pervasive, recurring pattern of uncontained Schedule B disclosures -- a pattern that has persisted even during this trial -- is irreconcilable with the Attorney General’s assurances and contentions as to the confidentiality of Schedule B collected by [Harris’ office].”
Both Harris and Schneiderman are also part of the “Green 20” liberal state attorneys general attempting to silence nonprofit organizations about their positions on climate change by using investigations of their research, publications, and even donors.
Signers of the letter include the following conservative leaders and lawyers:
Morton C. Blackwell, Chairman
The Weyrich Lunch
Colin A. Hanna, President
Let Freedom Ring
Co-chairman, The Weyrich Lunch
Cleta Mitchell, Esq., Board Member
Coalitions for America
Alan P. Dye, Esquire
Webster, Chamberlain and Bean
Dr. James Dobson, Founder and President
Dr. James Dobson’s Family Talk
Phyllis Schlafly, Founder and CEO
Eagle Forum
Richard A. Viguerie, Chairman
ConservativeHQ.com
L. Brent Bozell III, Founder and President
Media Research Center
Penny Nance, CEO and President
Concerned Women for America (CWA)
Grover Norquist, President
Americans for Tax Reform
Alan E. Sears, President, CEO, & General Counsel
Alliance Defending Freedom (for identification purposes only)
James Bopp Jr, General Counsel
James Madison Center for Free Speech
Gary Bauer, President
American Values
Jenny Beth Martin, Co-Founder and President
Tea Party Patriots
David N. Bossie, President
Citizens United and Citizens United Foundation
Michael Farris, Chairman
Home School Legal Defense Association (HSLDA)
Marjorie Dannenfelser, President
Susan B. Anthony List (SBA-List)
Jerry A. Johnson, Ph.D., President and CEO
National Religious Broadcasters
Kent Lassman, President
Competitive Enterprise Institute (CEI)
Adam Brandon, CEO
FreedomWorks
Brent Wm. Gardner, Vice President of Government Affairs
Americans for Prosperity
Dick Ribbentrop, Senior Vice President – Policy
Freedom Partners Chamber of Commerce
Michael Boos, Vice President & General Counsel
Citizens United and Citizens United Foundation
Ron Robinson, President
Young America's Foundation
Rick Scarborough, President
Vision America Action
Mathew D. Staver, Esq., B.C.S.
Founder and Chairman
Liberty Counsel
Colby M. May, Esq., Director and Senior Counsel, Washington Office
American Center for Law and Justice (ACLJ)
David Bozell, Executive Director
ForAmerica
Dr. John C. Eastman, Chairman of the Board
National Organization for Marriage
Alfred J. Lechner, Jr., President and CEO
Cause of Action Institute
Ted Baehr, Publisher
MOVIEGUIDE(R)
Member, Broadcast Film Critics Association
Jeffrey Mazzella, President
Center for Individual Freedom
George Landrith, President
Frontiers of Freedom
Craig Shirley, Reagan Biographer
Phil Kerpen, President
American Commitment
Heather R. Higgins, President and CEO
Independent Women's Voice
Carrie Lukas, Managing Director
Independent Women's Forum
Lew Uhler, Founder and President
National Tax Limitation Committee
Dr Jim Garlow
Pastors Rapid Response Team
Rev. Lou Sheldon, Founder and Chairman
Traditional Values Coalition
Andrea Lafferty, President
Traditional Values Coalition
Sandy Rios, Director of Governmental Affairs
American Family Association (AFA)
Dick Patten, President
American Business Defense Council
Dan Weber, CEO
Association of Mature American Citizens
William J. Olson, Legal Counsel
Free Speech Coalition
Steven J. Buri, President
Discovery Institute
Rebecca Hagelin
Secretary, Council for National Policy
Board of Directors, Family Talk
(Titles for identification purposes only)
Jim Burling, Director of Litigation
Pacific Legal Foundation
Susan Carleson, President
American Civil Rights Union (ACRU)
James L. Martin, Chairman
60 Plus Association
Star Parker, President
Coalition for Urban Renewal and Education
Bradley Mattes, President
Life Issues Institute
Judson Phillips, Founder
Tea Party Nation
Becky Gerritson, President,
Wetumpka TEA Party (AL) and Founder of Born Free American LLC
Alfred S. Regnery, Chairman
Law Enforcement Legal Defense Fund
David Ridenour, President
The National Center for Public Policy Research
Kenneth R. Timmerman, President
Foundation for Democracy in Iran
Andrew Langer, President
Institute for Liberty
Thomas P. Kilgannon, President
Freedom Alliance
Chuck Muth, President
Citizen Outreach
Norm Singleton, President
Campaign for Liberty
Ron Pearson
Council for America
C. Preston Noell III, President
Tradition, Family, Property, Inc.
Patrick D. Purtill, Director of Legislative Affairs
Faith and Freedom Coalition
Michael Bowen Co-Chairmen
Coalition for a Strong America
Stephani Scruggs, Co-Chairmen
Coalition for a Strong America
Robert D. Thompson, Administrator
The Weyrich Lunch
Kevin L. Kearns, President
US Business and Industry Council
Former Congressman Steve Stockman (TX)
Member of Congress, 1995-1997 & 2013 – 2015
Hon. John T. Doolittle, United States Representative, Ret.
Larry Pratt, Executive Director Emeritus
Gun Owners of America
Dave Williams, President
Taxpayers Protection Alliance
Elaine Donnelly, President
Center for Military Readiness
Larry Cirignano, DC Representative
Children First Foundation
Mark Fitzgibbons, President of Corporate Affairs
American Target Advertising
Bruce Eberle, Chairman
Eberle Associates
Quin Hillyer, Veteran Conservative Columnist
Linwood Bragan, Executive Director
CapStand Council for Policy and Ethics
Andresen Blom, Executive Director
Grassroot Hawaii Action, Inc.
David Pietrusza, Author
www.davidpietrusza.com
Jim Backlin
Christian Coalition of America
Demos Chrissos, Founder and President
Foundation for American Media
Dr. Ron Crews, CH (COL) USAR Retired
Executive Director, Chaplain Alliance for Religious Liberty
Dan Backer, President
American Dream Initiative
Niger Innis, National Spokesperson
Congress On Racial Equality (CORE)
Craig Manson, Executive Director
Center for Environmental Science, Advocacy & Reliability
Rich Lowrie, Co-Founder & Senior Advisor
Put Growth First
Willes K. Lee, President
National Federation of Republican Assemblies
Seton Motley, President
Less Government
E. Everett Bartlett, President
Stop Abusive and Violent Environments
Gene Valentino, Chairman
Citizens for a Just Government
Art Harman
Former Legislative Director to Rep. Steve Stockman
Jay Devereaux, President
United in Action
Alex St. James
Blacks Economic-Security Trust Today. (BEST TRUST)
Jim Babka, President
DownsizeDC.org, Inc.
& Downsize DC Foundation
Twila Brase, RN, PHN, President and Co-founder
Citizens’ Council for Health Freedom
KaLeigh Long- Executive Director
Conservative Leadership PAC
Shaun McCutcheon, Chairman
Coolidge Reagan Foundation
Melissa Ortiz, Founder & Principal
Able Americans
Peter J. Thomas, Chairman
Americans for Constitutional Liberty
Gerrye Johnston, Founder/CEO
Women for Democracy in America, Inc.
David L. Bufkin
ClearWord Communications Group, Inc.
Dick Brauer, Col, USAF (Ret), President
Veterans Patriot Action Conference (a 501c19)
John J. Park, Jr.
Conservative Activist and Donor