{"id":493,"date":"2013-05-15T11:18:39","date_gmt":"2013-05-15T15:18:39","guid":{"rendered":"http:\/\/www.dougsbriefcase.com\/blog\/?p=493"},"modified":"2013-05-15T14:04:28","modified_gmt":"2013-05-15T18:04:28","slug":"benghazi-irs-and-the-perils-of-power","status":"publish","type":"post","link":"https:\/\/www.dougsbriefcase.com\/blog\/benghazi-irs-and-the-perils-of-power\/","title":{"rendered":"Benghazi, the IRS<\/span> and the Perils of Power"},"content":{"rendered":"
<\/a>

Pho\u00adto cred\u00adit: Huff\u00adin\u00adg\u00adton Post<\/p><\/div>\n

What is it that makes sec\u00adond terms so polit\u00adi\u00adcal\u00adly treach\u00ader\u00adous? Received wis\u00addom tells us that scan\u00addal is root\u00aded in hubris \u2013 a new\u00adly re-elect\u00aded Pres\u00adi\u00addent, hav\u00ading stared down the threat of polit\u00adi\u00adcal extinc\u00adtion, now thinks him\u00adself invul\u00adner\u00ada\u00adble, and soon enough is caught up in scandal.<\/p>\n

But I think some\u00adthing more fun\u00adda\u00admen\u00adtal is at work.<\/p>\n

The ques\u00adtion has tak\u00aden on renewed rel\u00ade\u00advance in recent days, as the Pres\u00adi\u00addent nav\u00adi\u00adgates among mul\u00adti\u00adple polit\u00adi\u00adcal hazards:<\/p>\n

\u2022 Beng\u00adhazi. ABC<\/span> News  <\/a>last Fri\u00adday breathed new life into this con\u00adtro\u00adver\u00adsy when it chron\u00adi\u00adcled the evo\u00adlu\u00adtion of talk\u00ading points used by Admin\u00adis\u00adtra\u00adtion offi\u00adcials to describe the attack on a diplo\u00admat\u00adic facil\u00adi\u00adty in Libya. Those talk\u00ading points, as I not\u00aded weeks ago<\/a>,<\/span> were scrubbed by the White House to remove ref\u00ader\u00adences to the al Qai\u00adda-relat\u00aded ter\u00adror\u00adists who led the attack and to sug\u00adgest that it was instead the result of pop\u00adu\u00adlar out\u00adrage against a YouTube video.<\/p>\n

\u2022 IRS<\/span>. Fri\u00adday also saw anoth\u00ader long-sim\u00admer\u00ading scan\u00addal emerge, after a senior IRS<\/span> offi\u00adcial apol\u00ado\u00adgized<\/a> for hav\u00ading tar\u00adget\u00aded con\u00adser\u00adv\u00ada\u00adtive groups that applied for tax-exempt status.<\/p>\n

\u2022 AP<\/span>. A third scan\u00addal also sur\u00adfaced on that fate\u00adful Fri\u00adday when the Jus\u00adtice Depart\u00adment noti\u00adfied the Asso\u00adci\u00adat\u00aded Press <\/a>that it had mon\u00adi\u00adtored incom\u00ading and out\u00adgo\u00ading traf\u00adfic on 20 phone lines used by the news agency\u2019s reporters and edi\u00adtors in an attempt to deter\u00admine who had leaked clas\u00adsi\u00adfied infor\u00adma\u00adtion about a foiled ter\u00adror\u00adist attack.<\/p>\n

\u2022 HHS<\/span>. Lost amid these high\u00ader-pro\u00adfile con\u00adtro\u00adver\u00adsies was a Wash\u00ading\u00adton Post report that HHS<\/span> Sec\u00adre\u00adtary Kath\u00adleen Sebe\u00adlius was hit\u00adting up indus\u00adtries that her agency reg\u00adu\u00adlates<\/a> for con\u00adtri\u00adbu\u00adtions to groups that are work\u00ading to imple\u00adment the new health care law.<\/p>\n

Respond\u00ading to a sin\u00adgle scan\u00addal is dif\u00adfi\u00adcult; respond\u00ading to mul\u00adti\u00adple scan\u00addals is almost impos\u00adsi\u00adble. The Pres\u00adi\u00addent has wise\u00adly decid\u00aded to dis\u00adtance him\u00adself both from the IRS<\/span> con\u00adtro\u00adver\u00adsy and the mon\u00adi\u00adtor\u00ading of phones used by AP<\/span> reporters. He\u2019s so far ignored the poten\u00adtial prob\u00adlems at HHS<\/span> while choos\u00ading to dig in on Benghazi.<\/p>\n

Those respons\u00ades seem, with the excep\u00adtion of Beng\u00adhazi, well-cal\u00adcu\u00adlat\u00aded. The IRS<\/span> had got\u00adten away with mis\u00adcon\u00adduct for years, as the press dis\u00admissed com\u00adplaints from con\u00adser\u00adv\u00ada\u00adtive groups about unfair treat\u00adment as Repub\u00adli\u00adcan para\u00adnoia. The New York Times<\/a> went so far as to com\u00admend the agency for stalling approval of polit\u00adi\u00adcal groups. The then IRS<\/span> Com\u00admis\u00adsion\u00ader <\/a>flat\u00adly denied to Con\u00adgres\u00adsion\u00adal com\u00admit\u00adtees that his agency had tar\u00adget\u00aded right-lean\u00ading appli\u00adcants. When the Admin\u00adis\u00adtra\u00adtion learned last week that a forth\u00adcom\u00ading report from the IRS<\/span>\u2019s inter\u00adnal watch\u00addog would prove oth\u00ader\u00adwise, they trot\u00adted out an offi\u00adcial, Lois Lern\u00ader<\/a>,<\/span> to apol\u00ado\u00adgize for \u201cinap\u00adpro\u00adpri\u00adate\u201d con\u00adduct by the agency\u2019s Cincin\u00adnati office. It soon emerged that Lern\u00ader her\u00adself had signed a let\u00adter to at least one Tea Par\u00adty group<\/a>,<\/span> which was among the signs that the agency\u2019s prob\u00adlems weren\u2019t lim\u00adit\u00aded to its Cincin\u00adnati back\u00adwa\u00adter. The Pres\u00adi\u00addent swift\u00adly and cat\u00ade\u00adgor\u00adi\u00adcal\u00adly con\u00addemned the IRS<\/span> actions <\/a>and direct\u00aded Trea\u00adsury Sec\u00adre\u00adtary Jack Lew to imple\u00adment the Inspec\u00adtor General\u2019s rec\u00adom\u00admen\u00adda\u00adtions<\/a>. The Jus\u00adtice Depart\u00adment announced that the FBI<\/span><\/a> would inves\u00adti\u00adgate the matter.<\/p>\n

The Jus\u00adtice Depart\u00adment has prob\u00adlems of its own. The media is under\u00adstand\u00adably more con\u00adcerned about threats to its own lib\u00ader\u00adties than it is about threats to the lib\u00ader\u00adties of oth\u00aders. A sto\u00adry that the gov\u00adern\u00adment was mon\u00adi\u00adtor\u00ading traf\u00adfic on phones used by Tea Par\u00adty groups would elic\u00adit yawns in most news\u00adrooms, but a sto\u00adry that it had mon\u00adi\u00adtored phones used by reporters was sure to stir their ani\u00admal spir\u00adits. Already, more than 50 news out\u00adlets <\/a>have joined in a let\u00adter con\u00addemn\u00ading the government\u2019s actions. And the Attor\u00adney Gen\u00ader\u00adal has tak\u00aden the unusu\u00adal step of recus\u00ading him\u00adself <\/a>from the Department\u2019s probe into its own con\u00adduct. The goal in both cas\u00ades seems to be to get past the scan\u00addals by order\u00ading up addi\u00adtion\u00adal investigations.<\/p>\n

The Pres\u00adi\u00addent has tak\u00aden a dif\u00adfer\u00adent tack with Beng\u00adhazi. He con\u00adtin\u00adues to insist that he had called it an act of ter\u00adror\u00adism from the begin\u00adning, a con\u00adtention that earned him \u201c<\/span>Four Pinoc\u00adchios\u201d<\/a> yes\u00adter\u00adday from the Wash\u00ading\u00adton Post\u2019s fact-check\u00ader.  Argu\u00ading in the alter\u00adna\u00adtive, as lawyers would say, he has dis\u00admissed the talk\u00ading points that were revised to strike ref\u00ader\u00adences to the role of al Qai\u00adda-linked orga\u00adni\u00adza\u00adtions as a \u201c<\/span>sideshow\u201d<\/a> and assert\u00aded that the entire con\u00adtro\u00adver\u00adsy is the doing of his polit\u00adi\u00adcal opponents.<\/p>\n

It\u2019s time to shelve the \u201cpolit\u00adi\u00adcal sideshow\u201d talk\u00ading point, though it proved effec\u00adtive in tamp\u00ading down the con\u00adtro\u00adver\u00adsy until quite recent\u00adly. When Mau\u00adreen Dowd<\/a>,<\/span> the New York\u00ader<\/a>,<\/span> and ABC<\/span> News<\/a> side with your crit\u00adics, you are well-advised to come up with a new line of defense.<\/p>\n

The Admin\u00adis\u00adtra\u00adtion has done a pret\u00adty effec\u00adtive job at quelling the IRS<\/span> con\u00adtro\u00adver\u00adsy. Con\u00adgres\u00adsion\u00adal hear\u00adings will con\u00adtin\u00adue and heads will like\u00adly roll, but absent some evi\u00addence that the White House direct\u00aded the agency to harass con\u00adser\u00adv\u00ada\u00adtive groups, this storm will pass. Not so with Beng\u00adhazi or the AP<\/span>. The White House has lost con\u00adtrol of the for\u00admer and the press will not soon for\u00adgive the latter.<\/p>\n

But it\u2019s the Sebe\u00adlius sto\u00adry that I find most trou\u00adbling. The HHS<\/span> Sec\u00adre\u00adtary has the unen\u00advi\u00adable task of imple\u00adment\u00ading the mas\u00adsive health care law in the face of Con\u00adgres\u00adsion\u00adal unwill\u00ading\u00adness to allo\u00adcate need\u00aded funds. She\u2019s endured crit\u00adi\u00adcism for tap\u00adping oth\u00ader agency accounts<\/a> to pro\u00advide the mon\u00adey, but still is short of cash. So she\u2019s tak\u00aden the unusu\u00adal step of dun\u00adning enti\u00adties that her agency over\u00adsees for con\u00adtri\u00adbu\u00adtions to non-prof\u00adit groups that are work\u00ading with HHS<\/span> to smooth the law\u2019s imple\u00admen\u00adta\u00adtion. One such group is Enroll Amer\u00adi\u00adca<\/a>,<\/span> an orga\u00adni\u00adza\u00adtion ded\u00adi\u00adcat\u00aded to mak\u00ading the health law work that is head\u00aded by for\u00admer Oba\u00adma White House offi\u00adcial Anne Fil\u00adipic<\/a>. The group\u2019s Advi\u00adso\u00adry Coun\u00adcil<\/a> is a curi\u00adous hodge\u00adpodge of left-of-cen\u00adter advo\u00adca\u00adcy groups (Nation\u00adal Coun\u00adcil of La Raza, US<\/span> Pub\u00adlic Inter\u00adest Research Group, Nation\u00adal Urban League), labor unions (SEIU<\/span>) and health indus\u00adtry giants (Aet\u00adna, CVS<\/span> Caremark).<\/p>\n

I don\u2019t mean to sug\u00adgest that the Sec\u00adre\u00adtary has done any\u00adthing ille\u00adgal. The law per\u00admits Admin\u00adis\u00adtra\u00adtion offi\u00adcials to solic\u00adit polit\u00adi\u00adcal and char\u00adi\u00adta\u00adble dona\u00adtions, so long as they do so on their own time and don\u2019t employ pub\u00adlic resources. But there\u2019s some\u00adthing here that doesn\u2019t pass the smell test. Imag\u00adine your\u00adself a health insur\u00adance CEO<\/span> who gets a fundrais\u00ading call from the Sec\u00adre\u00adtary of HHS<\/span>. She wants your com\u00adpa\u00adny to make a large, tax-deductible con\u00adtri\u00adbu\u00adtion to a group that will help her imple\u00adment her favorite new law. That law, as it hap\u00adpens, gives her enor\u00admous pow\u00ader over your busi\u00adness. Under its pro\u00advi\u00adsions, the gov\u00adern\u00adment will dic\u00adtate, among oth\u00ader things, what your prod\u00aduct will cov\u00ader, how you will mar\u00adket it, and what you will be allowed to charge for it. The per\u00adson on the oth\u00ader end of the line will enforce that law. The suc\u00adcess or fail\u00adure of your enter\u00adprise depends to some extent on whether she counts you as a friend. Her inten\u00adtion is not to extort mon\u00adey from your cor\u00adpo\u00adra\u00adtion, but the prac\u00adti\u00adcal effect is almost indistinguishable.<\/p>\n

And that is the root of scandal.<\/p>\n

Scan\u00addals don\u2019t start with bad peo\u00adple set\u00adting out to break laws. They most often begin with well-inten\u00adtioned peo\u00adple doing what they think is right. They try to pro\u00adtect the Pres\u00adi\u00addent against his polit\u00adi\u00adcal oppo\u00adnents by strip\u00adping ref\u00ader\u00adences to ter\u00adror\u00adism from offi\u00adcial talk\u00ading points. They throw up road\u00adblocks to the President\u2019s polit\u00adi\u00adcal oppo\u00adnents seek\u00ading res\u00ado\u00adlu\u00adtion of their tax sta\u00adtus. They tram\u00adple on lib\u00ader\u00adties in their effort to pro\u00adtect nation\u00adal secu\u00adri\u00adty. And they try to advance the President\u2019s pol\u00adi\u00adcy objec\u00adtives by using pow\u00ader\u00adful reg\u00adu\u00adla\u00adtors to solic\u00adit mon\u00adey from the indus\u00adtries they regulate.<\/p>\n

Scan\u00addals take flight when good peo\u00adple acquire too much power.<\/p>\n

The scan\u00addals that beset the Admin\u00adis\u00adtra\u00adtion aren\u2019t so much due to the per\u00adils of a sec\u00adond term as they are to a gov\u00adern\u00adment that has out\u00adgrown its lim\u00adits. Should any of these cur\u00adrent scan\u00addals deep\u00aden in the com\u00ading months, there will be calls for new laws to pre\u00advent them in the future. A gen\u00aduine solu\u00adtion would instead focus on plac\u00ading appro\u00adpri\u00adate lim\u00adits on gov\u00adern\u00adment. Curb\u00ading gov\u00adern\u00adment pow\u00ader is the best way to curb its abuse.<\/p>\n

 <\/p>\n","protected":false},"excerpt":{"rendered":"

Pres\u00adi\u00addent Oba\u00adma has had a tough week deal\u00ading with mul\u00adti\u00adple con\u00adtro\u00adver\u00adsies. Are scan\u00addals just an occu\u00adpa\u00adtion\u00adal haz\u00adard of sec\u00adond terms? Or is there some\u00adthing more basic involved? Con\u00adtin\u00adue read\u00ading \u2192<\/span><\/a><\/p>\n","protected":false},"author":3,"featured_media":494,"comment_status":"open","ping_status":"open","sticky":false,"template":"","format":"standard","meta":{"nf_dc_page":"","wp_typography_post_enhancements_disabled":false,"_jetpack_newsletter_access":"","_jetpack_dont_email_post_to_subs":false,"_jetpack_newsletter_tier_id":0,"_jetpack_memberships_contains_paywalled_content":false,"_jetpack_feature_clip_id":0,"_jetpack_memberships_contains_paid_content":false,"nfd_image_url":"","nfd_onboarding_generated":"","footnotes":"","jetpack_publicize_message":"Benghazi, the IRS and the Perils of Power. My latest blg: http:\/\/wp.me\/p3bgDT-7X","jetpack_publicize_feature_enabled":true,"jetpack_social_post_already_shared":true,"jetpack_social_options":{"image_generator_settings":{"template":"highway","default_image_id":0,"font":"","enabled":false},"version":2},"jetpack_post_was_ever_published":false},"categories":[133,16,19],"tags":[160,181,152,176,161,172,1189,183,182,175,171,122,169,54,164,168,170,162,134,165,173,177,179,82,174,1190,163,180,166,167,178,5,143],"class_list":["post-493","post","type-post","status-publish","format-standard","has-post-thumbnail","hentry","category-benghazi","category-health-care","category-politics","tag-abc-news","tag-aetna","tag-al-qaida","tag-anne-filipic","tag-associated-press","tag-attorney-general","tag-benghazi","tag-caremark","tag-cvs","tag-enroll-america","tag-fbi","tag-hhs","tag-inspector-general","tag-irs","tag-irs-commissioner","tag-jack-lew","tag-justice-department","tag-kathleen-sebelius","tag-libya","tag-lois-lerner","tag-maureen-dowd","tag-national-council-of-la-raza","tag-national-urban-league","tag-new-york-times","tag-new-yorker","tag-president-obama","tag-republican","tag-seiu","tag-tea-party","tag-treasury-secretary","tag-us-public-interest-research-group","tag-washington-post","tag-youtube"],"aioseo_notices":[],"aioseo_head":"\n\t\t\n\t\n\t\n\t\n\t\n\t\t\n\t\t\n\t\t\n\t\t\n\t\t\n\t\t\n\t\t\n\t\t\n\t\t\n\t\t\n\t\t\n\t\t\n\t\t