Wednesday, June 19, 2013

IRS Was Directed From D.C.

IRS Tea Party Targeting Was Directed From D.C.


Posted 06/18/2013 05:33 PM ET


Scandal: A D.C.-based supervisor in the IRS's tax-exempt status division has indicated during interviews with congressional investigators that the targeting was deliberate and not run by rogue agents in Cincinnati.

Holly Paz, who until recently was a top deputy in the IRS division that handles applications for tax-exempt status, told congressional investigators she was personally involved in reviewing Tea Party applications for tax-exempt status as far back as 2010, reviewing as many as 30.

The involvement of Paz thickens the plot considerably and shatters the theory that two rogue agents in Cincinnati got bored in their cubicles one day and decided to target for special scrutiny Tea Party and other conservative groups.

Paz's supervisor was Lois Lerner, who headed the tax-exempt division. It was on May 22, the day after Paz was interviewed by investigators, that Lerner refused to answer questions from lawmakers at a congressional hearing, citing her Fifth Amendment right not to incriminate herself.

Was Lerner worried about what Paz had told investigators and that her testimony would contradict Paz's?

The full transcript of Paz's interview has not been released. Democrats say that's because the full transcript would reveal no vast left-wing conspiracy, with Elijah Cummings, ranking Democrat on the House Oversight Committee, proclaiming the investigation over.

But Chairman Darrell Issa says it's only just begun, with enough of the interview being released to demolish the big lie about Cincinnati without tipping off those being investigated.

By the fall of 2010, Carter Hull, an IRS legal expert also based in Washington, was working on about 40 Tea Party applications, Paz said. She added that for several months that year, Hull worked closely with Elizabeth Hofacre, one of the "rogue" agents in Cincinnati, to review the Tea Party cases.

In Hofacre's interview, she complained that Hull micromanaged her work. Rogue agents are rarely supervised.
Paz, who gave $2,000 to Barack Obama's presidential campaign in 2008, was allowed to sit in on 36 of 41 interviews that the Inspector General's office conducted with IRS employees — an arrangement brokered by Paz and Lerner.

"I can't remember if I made the request or Lois Lerner made the request," Paz told congressional investigators. "But we discussed that in order for the IRS to be able respond to the report, we had to understand what information TIGTA (Treasury Inspector General for Tax Administration) had and what they were being told."

It is unseemly and unusual for potential targets of an investigation to sit in on the investigation. If Paz and Lerner were not only orchestrating the Tea Party scrutiny but also monitoring the investigation of that action, were these among the things discussed when former IRS Commissioner Douglas Shulman made 157 visits to the White House?

Paz insists that when agents were told to target "tea party" groups, it was intended to be a generic term for politically active groups of all stripes. Paz said "tea party" could mean any political group, just like Coke is used as a generic term for soda, or people refer to tissues as Kleenex.

Not so, says highly supervised "rogue" agent Hofacre, who told investigators she kicked out any liberal groups that other agents tried to put in with the Tea Party cases. She said she understood the term to mean conservative or Republican groups. "I was tasked to do Tea Parties, and I wasn't ... equipped or set up to do anything else."
Indeed, a USA Today analysis of IRS data shows that dozens of liberal groups received tax-exempt approval in the 27 months that Tea Party groups sat in limbo, even though the liberal groups were engaging in similar activity.

The targeting of Tea Party groups formed by their opposition to ObamaCare by an Internal Revenue Service with the task of enforcing it is no accident and was directed from high in Washington, D.C.

Do Progressives, Liberals And Racists Belong Together?

Do Progressives, Liberals And Racists Belong Together? (W. Williams)




Posted 06/18/2013 05:31 PM ET
Walter E. Williams



Grutter v. Bollinger was the landmark U.S. Supreme Court decision that upheld the University of Michigan Law School's racial admissions policy.

Justice Sandra Day O'Connor, writing for the majority, said the U.S. Constitution "does not prohibit the Law School's narrowly tailored use of race in admissions decisions to further a compelling interest in obtaining the educational benefits that flow from a diverse student body."

But what are the educational benefits of a diverse student body?

Intellectuals argue that diversity is necessary for academic excellence, but what's the evidence? For example, Japan is a nation bereft of diversity in any activity. Close to 99% of its population is of one race. Whose students do you think have higher academic achievement — theirs or ours?

According to the 2009 Program for International Student Assessment, the academic performance of U.S. high-school students in reading, math and science pales in comparison with their diversity-starved counterparts in Japan.

Should companies be treated equally? According to Manhattan Institute energy expert Robert Bryce, Exxon Mobil pleaded guilty in federal court to killing 85 birds that had come into contact with its pollutants. The company paid $600,000 in fines and fees.

A recent Associated Press story reported that "more than 573,000 birds are killed by the country's wind farms each year, including 83,000 hunting birds such as hawks, falcons and eagles, according to an estimate published in March in the peer-reviewed Wildlife Society Bulletin."

The Obama administration has never fined or prosecuted windmill farms, sometimes called bird Cuisinarts, for killing eagles and other protected bird species. In fact, AP reports that the Obama administration has shielded the industry from liability and has helped keep the scope of the deaths secret.

It's interesting that AP chose to report the story only after the news about its reporters being secretly investigated. That caused the Obama administration to fall a bit out of favor with them.

But what the heck, the 14th Amendment's requirement of "equal protection" before the law for everybody can be cast aside in the name of diversity, so why can't it be cast aside in the name of saving the planet? There are politically favored industries just as there are politically favored groups.

What's the difference between a progressive, a liberal and a racist? In some cases, not much.

President Woodrow Wilson was a leading progressive who believed in notions of racial superiority and inferiority. He was so enthralled with D.W. Griffith's "Birth of a Nation" movie, glorifying the Ku Klux Klan, that he invited various dignitaries to the White House to view it with him.

During one private screening, Wilson exclaimed:

"It's like writing history with lightning. And my only regret is that it is all so terribly true."

When Wilson introduced racial segregation to the civil service, the NAACP and the National Independent Political League protested. Wilson vigorously defended it, arguing that segregation was in the interest of Negroes.

Dr. Thomas Sowell, in "Intellectuals and Race," documents other progressives who were advocates of theories of racial inferiority.

They included former presidents of Stanford University and MIT, among others.

Eventually, the views of progressives fell out of favor. They changed their name to liberals, but in the latter part of the 20th century, the name liberals fell into disrepute. Now they are back to calling themselves progressives.

I'm not arguing that today's progressives are racists like their predecessors, but they share a contempt for liberty, just as Wilson did. According to Hillsdale College history professor Paul A. Rahe — author of "Soft Despotism, Democracy's Drift" — in his National Review Online (4/11/13) article "Progressive Racism," Wilson wanted to persuade his compatriots to get "beyond the Declaration of Independence."

Wilson said the document "did not mention the questions" of his day, adding, "It is of no consequence to us." My question is: Why haven't today's progressives disavowed their racist predecessors?

Monday, June 17, 2013

Freedom: The Unfolding Revolution: Jonah Goldberg

Freedom: The Unfolding Revolution
The libertarian idea is the only truly new political idea in the last couple thousand years.
By  Jonah Goldberg

Immigration:Illegal Immigration: Elite Illiberality

Illegal Immigration: Elite Illiberality 
 
The elite charm of comprehensive immigration reform
By  Victor Davis Hanson

Sunday, June 16, 2013

China Joins Climate Skeptics

CHINA JOINS THE CLIMATE SKEPTICS?

Let’s review the climate diplomacy story so far.  The elephant in the room
at the UN negotiations has always been China, India, and other developing
nations who have steadfastly refused to agree to future limits on their use
of affordable hydrocarbon energy, which they rightly see as the path to
becoming fully middle class nations as we and Europe did.  The Chinese
told Al Gore in Kyoto in 1997 when Gore was begging them to agree to
future limits at some point: “We don’t understand you Americans; do you
expect us to be poor forever?”  The Indians were equally direct, telling

Gore: “You people in the West got rich on fossil fuels, and now it is our
turn.  When we are as rich as you, then we’ll talk about emissions limits.”  (I
heard these accounts off the record from career State Department people
who were present in Kyoto, and who were harshly critical of Gore’s role there.)

Here in this country it has always been obvious that an asymmetrical treaty that imposed higher costs on the U.S.
than our trading partners would be economically disastrous.  Bill Clinton’s economists told him this in 1998, which
is why Clinton never lifted a finger to promote the Kyoto Protocol, and also why ratification of Kyoto was quietly
dropped from the Democratic National Platform starting in 2004.

I’ve always thought the cynical play for China would be to come out with an offer to agree to bilateral emissions
limits with the United States, which would remove the “China won’t go along” objection to emissions limits here.

The Chinese would surely treat it as the Soviet Union treated arms control treaties—as a massive opportunity to
cheat and gain further advantage over the U.S.  Think we’d be any more effective with Chinese emissions violations
that we are with their intellectual property theft and currency manipulation?  (Brief aside: At the various UN climate
negotiations, China has from time to time playfully suggested they might agree to some kind of emissions limits
provided they were given tradable emission reduction credits for the results of the population control programs
going back several decades.  This always causes discomfort for the diplomats, most of whom privately approve of
China’s one-child policy, but know that, as a matter of human rights, they can’t admit this publicly, though in these
days of moral relativism and multiculturalism they would be hard pressed to give a coherent reason why.)

This is why my eyes perked up last weekend when I awoke to blazing headlines that Obama had reached a climate
deal with the Chinese at his snap summit out in California.  “First of Its Kind Climate Deal Reached by US and
China,” said the headline in the Japan Times.  “US-China Climate Deal Was Long in the Works, Reflects Shifting

Incentive for Developing Nation,” the AP proclaimed.  Had the Chinese finally gotten clever and decided to pick
Obama’s pockets clean?


Turns out it is a very modest agreement, totally incommensurate with the headlines, that won’t touch energy use at
all: The U.S. and China merely agreed to lower the use of hydrofluorocarbons (HFCs), which ironically are the
replacement chemicals for the CFCs that were phased out in the Montreal Protocol of 1987.  HFCs are a potent
greenhouse gas, but relatively easy pickings as these things go.  In other words, this agreement hardly ranks as a
“major” breakthrough from any point of view.  But so desperate is the climate campaign and its media cheerleaders
that any agreement, no matter how small, is heralded as a breakthrough.

Much more significant but contrarian, and hence naturally drawing no media attention at
all, was the announcement from the Chinese Academy of Sciences (their version of our
NAS) that it has translated into Chinese the Climate Change Reconsidered and Climate
Change Reconsidered: 2011 Interim Report, products of the Heartland Institute’s
Non-Governmental International Panel on Climate Change (NIPCC—heh).  These reports
comprise over 1,200 pages of material that takes a sharply different view of the matter
than the U.S. scientific establishment.  Sounds like the Chinese scientific establishment
has decided to sign up with the climate skeptics, or at least give their point of view a fair
hearing instead of just resorting to name-calling.  It’s enough to give any self-respecting
member of the NAS here an embolism.

If you want to understand quickly and simply why China is never going to agree to any serious impediments on its
energy use, check out this 24-second video I made a couple of years back of comparing coal use history and IEA
projections for the United States and China through the year 2035.

What's Right & What's Wrong

The ability to know everything, except right from wrong
By Mark Steyn
 
  
 A few years ago, after one corruption scandal too many, the then Liberal government in Canada announced that, to prevent further outbreaks of malfeasance, it would be hiring 300 new federal auditors plus a bunch of ethics czars, and mandating "integrity provisions" in government contracts, including "prohibitions against paying, offering, demanding or accepting bribes."

There were already plenty of laws against bribery, but one small additional sign on the desk should do the trick: "Please do not attempt to bribe the Minister of the Crown as a refusal may offend. Also: he's not allowed to bribe you, whatever he says."

A government that requires "integrity provisions" is by definition past the stage where they will do any good.

I thought of those Canadian Liberal "integrity provisions" passing a TV screen the other day and catching hack bureaucrats from the IRS Small Business/Self-Employed Division reassuring Congress that systems had now been put in place to prevent them succumbing to the urge to put on Spock ears and moob-hugging blue polyester for the purposes of starring in a "Star Trek" government training video.

The Small Business/Self-Employed Division had boldly gone where no IRS man had gone before — to a conference in Anaheim, where they were put up in $3,500-a-night hotel rooms and entertained by a man who was paid $27,500 to fly in and paint on stage a portrait of Bono.

Bono is the veteran Irish rocker knighted by the Queen for his tireless campaign on behalf of debt forgiveness, which doesn't sound like the IRS' bag at all.

But don't worry, debt forgiveness-wise Bono has Africa in mind, not New Jersey.

And, as Matthew Cowart Tweeted me the other day, he did have a big hit with "I Still Haven't Found What I'm Looking For," which I believe is now the official anthem of the IRS Cincinnati office.

It took Rep. Trey Gowdy of South Carolina to get to the heart of the matter: "With all due respect, this is not a training issue," he said. "This cannot be solved with another webinar ... We can adopt all the recommendations you can possibly conceive of. I just say it strikes me — and maybe it's just me — but it strikes me as a cultural, systemic, character, moral issue."

He's right. If you don't instinctively know it's wrong to stay in $3,500-a-night hotel rooms at public expense, a revised conference accommodations guidelines manual isn't going to fix the real problem.

So we know the IRS is corrupt. What happens then when an ambitious government understands it can yoke that corruption to its political needs?

What's striking as the revelations multiply and metastasize is that at no point does any IRS official appear to have raised objections. If any of them understood that what they were doing was wrong, they kept it to themselves.

When Nixon tried to sic the IRS on a few powerful political enemies, the IRS told him to take a hike. When Obama's courtiers tried to sic the IRS on thousands of ordinary American citizens, the agency went along, and very enthusiastically.


This is a scale of depravity hitherto unknown to the tax authorities of the United States, and for that reason alone they should be disarmed and disbanded — and rebuilt from scratch with far more circumscribed powers.

Here's another congressional subcommittee transcript highlight of the week. Sen. Mark Kirk of Illinois asks the attorney general if he's spying on members of Congress and thereby giving the executive branch leverage over the legislative branch.

Eric Holder answers: "With all due respect, senator, I don't think this is an appropriate setting for me to discuss that issue."
Kirk responded that "the correct answer would be, 'No, we stayed within our lane and I'm assuring you we did not spy on members of Congress.'"

For some reason, the attorney general felt unable to say that. So I think we all know what the answer to the original question really is.

Holder had another great contribution to the epitaph of the Republic this week. He went on TV to explain that he didn't really regard Fox News' James Rosen as a "co-conspirator" but had to pretend he did to the judge in order to get the judge to cough up the warrant.

So rest easy, America! Your chief law officer was telling the truth when he said he hadn't lied to Congress because in fact he'd been lying when he said he told the truth to the judge.
If you lie to one of Holder's minions, you go to jail: they tossed Martha Stewart in the slammer for being insufficiently truthful to a low-level employee of the attorney general.

But the attorney general can apparently lie willy-nilly to judges and/or Congress.

This, incidentally, is at the heart of the revelation (in a non-U.S. newspaper, naturally) that hundreds of millions of

Americans' phone records have been subpoenaed by the United States government.

In 2011, Holder's Assistant Attorney General Todd Hinen testified to the House Judiciary Committee that "on average, we seek and obtain Section 215 orders less than 40 times per year."

Forty times per year doesn't sound very high, does it? What is that — the cell phones of a few Massachusetts Chechens and some Yemeni pen pals? No. The Verizon order will eventually be included as just another individual Section 215 order, even though it covers over 100 million Americans.

Ongoing universal monitoring of mass populations is being passed off to Congress and the public as a few dozen narrowly targeted surveillance operations.

Mr. Hinen chose his words more carefully than his boss, but both men are in the business of deceiving the citizenry, their elected representatives, and maybe the judges, too.
  
Perhaps this is just the way it is in the panopticon state. Tocqueville foresaw this, as he did most things. Although absolute monarchy "clothed kings with a power almost without limits," in practice "the details of social life and of individual existence ordinarily escaped his control."

What would happen, Tocqueville wondered, if administrative capability were to evolve to bring "the details of social life and of individual existence" within the King's oversight?

Holder and Lois Lerner now have that power. My comrade John Podhoretz, doughty warrior of the New York Post, says, relax, there's nothing to worry about.

But how do I know he's not just saying that because Eric Holder's monitoring his OnStar account and knows that when he lost his car keys last Tuesday he was in the parking lot of Madam Whiplash's Bondage Dungeon?

When the state has the power to know everything about everyone, the integrity of the civil service is the only bulwark against men like Holder. Instead, the ruling party and the non-partisan bureaucracy seem to be converging.

In August 2010, President Obama began railing publicly against "groups with harmless-sounding names like Americans for
Prosperity" (Aug. 9, a speech in Texas) and "shadowy groups with harmless-sounding names" (Aug. 21, radio address).
And whaddayaknow, that self-same month the IRS obligingly issued its first BOLO (Be On the Look-Out) for groups with harmless-sounding names, like "Tea Party," "patriot" and "constitution."

It may be that the strange synchronicity between the president and the permanent bureaucracy is mere happenstance and not, as it might sound to the casual ear, the sinister merging of party and state.

Either way, they need to be pried apart. When the state has the capability to know everything except the difference between right and wrong, it won't end well.

Consequences of lost Trust

Jewish World Review June 14, 2013 / 6 Tammuz, 5773
The consequences of Obama forfeiting our trust
By Charles Krauthammer 
 
 

Thirty-five years ago in United States v. Choate, the courts ruled that the Postal Service 
 may record "mail cover," i.e., what's written on the outside of an envelope — the addresses of sender and receiver.

The National Security Agency's recording of U.S. phone data does basically that with the telephone. It records who is calling whom — the outside of the envelope, as it were. The content of the conversation, however, is like the letter inside the envelope. It may not be opened without a court order.

The constitutional basis for this is simple:

The Fourth Amendment protects against "unreasonable searches and seizures" and there is no reasonable expectation of privacy for what's written on an envelope. It's dropped in a public mailbox, read by workers at the collection center and read once again by the letter carrier. It's already openly been shared, much as your phone records are shared with, recorded by, and (e)mailed back to you by a third party, namely the phone company.

Indeed, in 1979 the Supreme Court (Smith v. Maryland) made the point directly regarding the telephone: The expectation of privacy applies to the content of a call, not its record. There is therefore nothing constitutionally offensive about the newly revealed NSA data-mining program that seeks to identify terrorist networks through telephone-log pattern recognition.

But doesn't the other NSA program — the spooky-sounding James Bond-evoking Prism — give you the willies? Well, what we know thus far is that Prism is designed to read the emails of non-U.S. citizens outside the U.S. If an al-Qaida operative in Yemen is emailing a potential recruit, it would be folly not to intercept it.

As former Attorney General Michael Mukasey explains, the Constitution is not a treaty with the rest of the world; it's an instrument for the protection of the American citizenry. And reading other people's mail is something countries do to protect themselves. It's called spying.
Is that really shocking?


The problem here is not constitutionality. It's practicality. Legally this is fairly straightforward. But between intent and execution lies a shadow — the human factor, the possibility of abuse. And because of the scope and power of the NSA, any abuse would have major consequences for civil liberties.

The real issue is safeguards. We could start by asking how an Edward Snowden, undereducated, newly employed, rootless and grandiose, could have been given such access and power.

We need a toughening of both congressional oversight and judicial review, perhaps even some independent outside scrutiny. Plus periodic legislative revision — say, reauthorization every four years — in the light of efficacy of the safeguards and the nature of the external threat.

The object is not to abolish these vital programs. It's to fix them. Not exactly easy to do amid the current state of national agitation — provoked largely because such intrusive programs require a measure of trust in government and this administration has forfeited that trust amid an unfolding series of scandals and a basic problem with truth-telling.

There are nonetheless two other reasons these revelations have sparked such anxiety. Every spying program is a compromise between liberty and security. Yet here is a president who campaigned on the proposition that he would transcend such pedestrian considerations.
"We reject as false the choice between our safety and our ideals," he declared in his first inaugural address, no less.

When caught with his hand on your phone data, however, President Obama offered this defense: "You can't have 100% security and also then have 100% privacy. ... We're going to have to make some choices as a society."

So it wasn't such a false choice after all, was it, Mr. President?

Nor does it help that just three weeks ago the president issued a major foreign-policy manifesto whose essential theme was that the War on Terror is drawing to a close and its very legal underpinning, the September 2001 Authorization for Use of Military Force, should be not just reformed but repealed to prevent "keeping America on a perpetual wartime footing."

Now it turns out that Obama's government was simultaneously running a massive, secret anti-terror intelligence operation. But if the tide of war is receding, why this vast, ever expanding NSA dragnet whose only justification is an outside threat — that you assure us is ever receding?

Which is it, Mr. President?

Tell it straight. We are a nation of grown-ups. We can make choices. Even one it took you four years to admit is not "false."