I just finished chatting about the IRS and AP scandals on the Marc Steiner show with Ari Berman of The Nation, the ACLU’s Gabe Rottman, and for the second half, FDL’s Kevin Gosztola. Podcast forthcoming here.

We disagreed, obviously, about how the IRS’s discrimination bears on campaign finance reform. I don’t see how the IRS scandal argues for putting even more power in their hands.

But I’d like to return to a finer point about which we disagreed but didn’t really get into. Berman seemed convinced that the discrimination was the result of front-line IRS employees deluged with a glut of new, post-Citizens United filings, that needed to come up with some criteria for sorting through it. This is more or less the argument the IRS itself has made (and somewhat similar to the one officials are making about Benghazi). For his part, Rottman contended that the politics didn’t matter so much as the discriminatory questioning itself. Here are four reasons why it’s hard to believe the IRS wasn’t just coping with an overflow of applications, despite the IG report’s assertion to the contrary.

  • The questions themselves — If the IRS employees did not know that 501c4s are not required to disclose their donors when they asked for lists, then they are shockingly incompetent. So why did they want them? Either they intended to embarrass the donors by leaking them, or somewhat more benignly, it was just another question in a litany of unreasonable requests designed to hold up the approval process.
  • Democratic calls to crack down on 501c4 groups — These are far from the only ones.
  • Behavior and connections of IRS employees — The IRS commissioner knew about the targeting for at least a year and hasn’t reported it. She’s not even the one getting fired, and currently runs the IRS’s Affordable Care Act office. Director of the exemptions unit Lois Lerner’s initial apology contained a number of statements that were untrue, such as the number of organizations targeted and that it was confined to the Cincinnati office. Last night Jon Ward reported a congressional source said that Lerner hasn’t agreed to testify before Congress, is in Montreal, and has hired the same lawyer as Dominique Strauss Kahn.
  • Leaks to liberal groups — ProPublica reported Monday that IRS employees leaked the applications of nine conservative groups. The National Organization for Marriage is now accusing the IRS of doing the same with their confidential information

There’s a lot we still don’t know, and today’s hearing of the House Ways and Means Committee (in progress) is only the first step in finding out. And IRS employees behaving in a partisan way does not imply White House involvement, of course. But I’d argue the totality of the evidence already points strongly toward there being political motivations behind the targeting.

Update: An early highlight from today

Update: David Freddoso, Garance Franke-Ruta, and Doug Donovan all point out that the Citizens United explanation is basically a red herring.