Wednesday, September 21, 2016

Legislative bodies comprising the people's interest are not prosecutors.

Since 2010 the use of congressional committees have taken on a tone of prosecution. The legislative committees have no power NOR the qualifications to prosecute anything.

If facts arise that have a potential for being criminal then a special prosecutor is named.

Legislative committees hold hearings regularly to bring issues before the agency involved and to find answers. If among those answers is composition of legislation then new bills or amendments are written in committee and eventually voted to move to the floor of the Senate or the House for a vote into law that then goes to the President for signature.

Legislative committees do not prosecute.

The Justice Department prosecutes and if it is believed there is conflict of interest a special prosecutor is assigned.

To carry out an impeachment of a qualified and dedicated person of the government there needs to be a special prosecutor to bring where exactly the law was broken. If the special prosecutor's report meets the standard of impeachment then the process begins.

Congressional committees are not supposed to be henchmen for the purpose of their politics. It disrupts the function of the government and removes very qualified people that have consented to service for the government. The politics alone is enough for a highly qualified person to leave their position or never accept it in the first place.

In the case of the IRS, there were refusals of non-profit designation on both sides of the aisle. The Republicans like to say they are the sole victims to the denials of the non-profit requests in question. This was not a hunt for Republican non-profits.

There is no reason to prosecute. 

It is not unusual for non-profits to go through lengthy approval processes. Understand such processes do not stand in the way of the organization's purpose. The organizations can start acting like non-profits the day they mail the forms to the IRS. THE DATE STAMP ON THE ENVELOPE is the only proof any non-profit needs to begin to act as a non-profit. The government assumes the application is prepared legally and fees included. The government does not refuse a non-profit status simply because an organization is a Republican organization. 

There may be reasons to reject an application, but, if lies are part of that it is illegal and there can be penalties imposed. So, the IRS expects all applications to be forthright and truthful as those preparing the application do not want to suffer penalties.

That said, the committee of the organization that prepared the application should review the rejection closely and adjust it's subsequent submission to meet the standards pointed out in the denial letter.

The IRS is not out to be punitive to non-profits. The non-profits often do good and necessary work in the USA.

Let me state this: There have been incredible organizations that have met the standard of non-profit without question. Why should any other organization be allowed to destroy that standard and/or slip through the approval process because it makes a lot of noise.