Maybe the guy in the tin foil hat was right

We should all be in line to take a whack at the idiots responsible for these completely avoidable exercises in governmental overreach and hubris.  All together now: what the hell were they thinking?  I can’t decide which is more disturbing: the government using its power to harass and tacitly threaten law-abiding citizens based on a perception of their political views, or the government using its power to harass and tacitly threaten journalists in the pursuit of their constitutionally-recognized role as government watchdog.  Both are abuses of government power that fly in the face of what this country is meant to stand for.

Today the attorney general ordered the FBI to investigate the Internal Revenue Service for apparently singling out for enhanced scrutiny the applications for tax-exempt status from what were perceived to be conservative political groups.  Yep, it looks like the party in power has been using the authority of the taxman to reward those with whom it agrees and punish those with whom it does not.  Is there any more textbook definition of abuse of power than that?

I’m not saying that the IRS shouldn’t be thorough in reviewing applications for tax-exempt status; the IRS should be exceedingly thorough in investigating such requests.  Wouldn’t we all be willing to believe there are those among us who would do whatever they could to reduce their tax bills, even lie about the true purpose of their organization?  There are entire political movements built on the effort to reduce taxes, but that doesn’t mean they deserve extra scrutiny.  Whatever’s determined to be the proper amount of review for gaining tax-exempt status should the bar for everyone to pass, and it’s just flat wrong for an arm of the government to single out persons or groups for extra scrutiny based on their actual or perceived political views, including their views about taxes!  (Is this a great country or what?)  The whole idea has conjured up in my imagination that happy visage of Richard Nixon and enemies lists.

It’s just as wrong, and just as dangerous to our liberty, for the Justice Department to seize phone records of journalists.  The DOJ notified The Associated Press last week that at some point earlier this year, and clearly without prior notice, it had seized records for 20 phone lines belonging to AP offices and journalists, including home phones and cell phones.  It did not state a reason why these records were seized; it’s believed to be in relation to an investigation into leaks about how the CIA disrupted a terrorist plot to bomb an airliner.

Our system envisions a strong press as a watchdog on government at all levels, acting as a representative of the people seeking out information that the government wants kept quiet…the stuff that the politicians and the bureaucrats don’t want you to know, that they’ve kept from you out of embarrassment or guilt.  There have been people in the government from the beginning who understood the importance of that role to the overall functioning of society, and who’ve provided sensitive information to reporters despite being told not to do so.  Today we call those people whistleblowers.  When that whistle gets blown the government’s first response is often to decide who will take the blame, and they devote a terrific amount of energy to learning who told the truth.  In some cases they ask a court to order the journalists who ran the story to tell where they got their information; in others, like this one, they just take private information without the knowledge of its owner in the hopes that they’ll be able to deduce who ratted them out.

We used to talk about the “chilling effect” that a variety of government actions would have on the newsgathering process, on the minds of the reporters who might think twice—or more than that—about pursuing a story when faced with the possibility, or the likelihood, that the government was going to fight back.  And this is that.

It’s inconceivable to me that all the people involved in these two growing scandals are merely misunderstood or made poor decisions about how to achieve a legitimate objective, but I don’t think the blame goes all the way to the top.  This president is neither that paranoid nor that stupid…although you’d think that a professor of constitutional law might have impressed on his subordinates some of his relevant thoughts about the proper use of governmental power.  If this news had come out while the last man was president, I would have accepted it as prima facie evidence of the evilness of his administration and its soulless pursuit of instituting theocratic capitalism as our new form of government.  I would have been wrong, but I admit I would have thought it.

When the government spies on reporters and appears to punish political enemies, it gives the tin foil hat crowd encouragement: “The government is spying on you—it’s keeping track of who you call and who calls you, it’s watching what you do and where you go and who you meet, it’s keeping information on your income and your taxes and your friends and who you associate with, and it’s using that information against you.”  Today that sounds a little less ridiculous that it did last week.

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This one guy says the evil super PACs are SAVING democracy, others are less charitable

I’m not sure if he’s right or not, but he makes an interesting argument.  Dave Weigel is an excellent political reporter who’s spent a lot of time chronicling the conservative movement.  Today at Slate he makes the provocative argument—it was to me, anyway—that the political action committees fostered by the U. S. Supreme Court’s Citizens United decisionare a good thing, that they have been a force to strengthen democracy and have made this year’s Republican presidential contest fairer.

Huh?  No, no, no, wait a minute: Citizens United is an evil thing, a twisted interpretation of dictionary English by the conservative members of the court so that now the godless, faceless corporations are considered “persons” for the purposes of political participation, and they can secretly donate as much of their giant piles of money as they like to PACs and buy elections and marginalize the little guy like me (I was going to say you and me, but I really shouldn’t presume to speak for you, should I?)…it’s already happened starting in Iowa this year, right?  I mean, that’s what we’ve all been told, right?

But Weigel argues that the super PACs have had a leveling effect: the big money from super PACs is all that’s kept Mitt Romney from outspending his opponents into submission, and essentially buying the GOP nomination.  And despite the concerns about the secretive nature of the super PACs, he notes that we seem to know more about the biggest of the big donors to super PACs than we do about the people making direct donations to the individual candidates’ campaigns. He writes, “The big fear about campaign money is that it corrupts the candidates who have to beg for it.”

But that worry applies better to the shadowy bundler than it does to the megabucks super PAC donor. Corruption can’t grow in the sunlight. The people giving big to super PACs are famous. I didn’t fully understand how famous until I tagged along with [Newt] Gingrich at a speech to Aloma Baptist Church in Florida, when a parishioner asked him to explain why he was taking dirty money from the gambling industry. Gingrich explained that he and [Sheldon] Adelson had a simpatico, guns-a-blazin’ view on Israel. Is it corruption if the candidate tells you what he’ll do for the donor?

(snip)

We know more about those guys than we know about the bundlers, who’ve been passing money under the table for years. So which of those systems is worse for our democracy?

I know what’s good for our democracy: satire and ridicule, and in the case of Citizens United it’s been coming most effectively from Stephen Colbert.  The Comedy Central comedian started his own super PAC and has been using it to expose the ridiculous reality resulting from the court’s ruling.

The line between entertainment and the court blurred even further late last month when Colbert had former Justice John Paul Stevens on his show to discuss his dissent in Citizens United. When a 91-year-old former justice is patiently explaining to a comedian that corporations are not people, it’s clear that everything about the majority opinion has been reduced to a punch line.

The court fights aren’t over, and perhaps the coolest one is in Montana where the state supreme court has told the one in Washington to pound sand.  The court voted 5-2 to uphold the constitutionality of Montana’s ban on corporate campaign contributions, finding justification for the ban that Citizens United does not consider.  Beyond that, Justice James Nelson unloaded: “Corporations are not persons.  Human beings are persons, and it is an affront to the inviolable dignity of our species that courts have created a legal fiction which forces people—human beings—to share fundamental, natural rights with soulless creatures of government.”   And that from one of the two dissenters in the ruling!

More fundamentally, the majority and one dissenter seem to understand perfectly how much the American people resent being lied to about the burning need for courts to step in to protect the oppressed voices of powerless corporate interests. As Judge Nelson wrote in dissent, “the notion that corporations are disadvantaged in the political realm is unbelievable. Indeed, it has astounded most Americans. The truth is that corporations wield enormous power in Congress and in state legislatures. It is hard to tell where government ends and corporate America begins: the transition is seamless and overlapping.”

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