It appears the Obama’sAttorney General may have signed off on the search warrant targeting Fox News
correspondent, James Rosen. Rosen and
twenty reporters at AP had their records seized as a part of an investigation
into the leak of national security secrets.
Of the three scandals animating Fox News at this moment, this one is
actually troubling. But more attention
is being paid to the other two scandals, for reasons that have little to do
with the presenting conflict themselves.
We keep hearing about Benghazi more because it is a pre-emptive strike
as a potential Hillary presidential run.
We are hearing even
more about the IRS ‘scandal,’ for at least two other reasons, again rooted less
in the presenting conflict itself.
First, any story about hating the intrusive IRS sells the Republican
brand, particularly its Tea Party wing.
Second, as buried in an NYT story, making the IRS story salient is a lot
more about dampening IRS enforcement of campaign laws in 2014 than it is about
what is turning out to be a very mild and complicated illustration of what
might be over-reach.
Explaining the second
reason requires two steps. First, as we
unpack the presenting conflict and look at the details that do not drive headlines
it turns out that some, perhaps many or most, of these Tea Party groups were,
in fact, violating campaign finance laws.
This means failing to target them for additional scrutiny would have
been a dereliction of duty, not the reverse storyline currently dominating the
news. As this fuller version of the
story unfolds, we can then see the following:
“‘Money is not
the only thing that matters,’ said Donald B. Tobin, a former lawyer with the
Justice Department’s tax division who is a law professor at Ohio State
University. ‘While some of the I.R.S. questions may have been overbroad, you
can look at some of these groups and understand why these questions were being
asked.’
The stakes are high for both the I.R.S. and lawmakers in
Congress, whose election fortunes next year will hinge in no small part on a
flood of political spending by such advocacy groups. They are often favored by
strategists and donors not for the tax benefits — they typically not do have
significant income subject to tax — but because they do not have to reveal
their donors, allowing them to pour hundreds of millions of dollars into
elections without disclosing where the money came from.
The I.R.S. is already separately reviewing roughly 300
tax-exempt groups that may have engaged in improper campaign activity in past
years, according to agency planning documents. Some election lawyers said they
believed a wave of lawsuits against the I.R.S. and intensifying Congressional
criticism of its handling of applications were intended in part to derail those
audits, giving political nonprofit organizations a freer hand during the 2014
campaign.”
It appears that the Tea Party groups under scrutiny did
not fully understand the relevant legal regulations. Given what we know about these groups, is
that a surprise to anyone? Or does it
surprise anyone that Fox News might go so far as to undermine national security
if it created an opportunity to damage President Obama?
So, it should not be a surprise to anyone that, once we
learn more about these conflicts, we discover that the presenting conflict is
not the real story. Beneath it we find a
deeper conflict being advanced by amplifying a particular perspective on the
presenting conflict. Seeing this
struggle over the scope and salience of individual conflicts is a key to
understanding politics.
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