-Caveat Lector-
{{I also heard it mentioned during the hearings today that
threats of some sort had been made against Democrats who are
planning to vote for the confirmation of Ashcroft.
AKE}}
Wednesday, Jan. 31, 2001 12:32 a.m. EST
Landmark Legal Challenges Leahy on Anti-Ashcroft Lobbying
Sen. Patrick Leahy, the ranking minority member on the
Senate Judiciary Committee, was challenged on Tuesday to
explain contacts between opponents of Bush attorney general
nominee John Ashcroft and staffers working for leading
Senate Democrats.
Arguing that the contacts may have violated federal law
barring lobbying by tax-exempt organizations, the Landmark
Legal Foundation sent the following letter to the Vermont
Democrat:
Dear Senator Leahy:
According to a published report, staffers working for
leading Senate Democrats, as well as the Senate Democratic
Policy Committee, secretly met with over 200 national
organizations opposed to the nomination of former Senator
John Ashcroft for attorney general of the United States.
Among other things, the group established a lobbying
committee. (Exhibit 1)
At the time of the Ashcroft hearings, you served as chairman
of the Senate Judiciary Committee. Therefore, we ask you
whether the Senate staffers present at the meeting were
aware that the non-profit organizations were preparing to
lobby senators, and whether they did so with your knowledge.
Many of the organizations that attended the above-mentioned
meeting are classified under the Internal Revenue Code as
either 501(c)(4) or 501(c)(3) entities.
501(c)(4) Organizations
Federal law prohibits 501(c)(4) organizations that receive
federal funds from engaging in any lobbying activity. 2
U.S.C. § 1611.
501(c)(3) Organizations
Federal law places strict limits on lobbying activities by
501(c)(3) organizations. 26 U.S.C. § 501(h).
According to a recent study by the Capital Research Center,
eighteen (18) of the organizations present at the
above-mentioned meeting received approximately $150 million
in federal funds over a four (4) year period, from 1996
through 1999. (Exhibit 2)
These groups include: the American Bar Association, American
Federation of State, County and Municipal Employees, Center
on Juvenile and Criminal Justice, Feminist Majority,
National Association for the Advancement of Colored People,
National Asian Pacific American Legal Consortium, National
Association of Protection and Advocacy Systems, National
Black Women's Health Project, National Coalition Against
Domestic Violence, National Council of Jewish Women,
National Education Association, NOW Legal Defense &
Education Fund, Organization of Chinese-Americans,
Physicians for Social Responsibility, Planned Parenthood
(USA), Sentencing Project, Sierra Club and Youth Law Center.
Inasmuch as Democratic staffers participated in the
above-mentioned meeting, Landmark Legal Foundation
(Landmark) requests that you respond to the following
questions:
1. Please identify the names of the congressional or
committee staffers who attended the above-mentioned meeting
and for what purpose.
2. For each individual named in the response above, please
describe their role at the meeting.
3. Did any of the individuals named above attend the meeting
with your knowledge or at your direction?
4. To what extent have you or your staff consulted with
these non-profit groups about lobbying senators against the
Ashcroft nomination?
5. Have you or anyone at your direction made any attempt to
determine whether any of these non-profit groups are in
violation of federal lobbying restrictions?
Landmark believes that the public has a right to know
whether these non-profit organizations, with your
encouragement, are using tax-exempt funds or federal funds
to lobby senators.
Upon receiving your response, Landmark will immediately make
this information known to the public.
Landmark is also providing a copy of this letter, with
exhibits, to the Internal Revenue Service, the Tax Division
of the United States Justice Department, and the Senate
Select Committee on Ethics.
Thank you for attention to this matter.
Sincerely,
Mark R. Levin,
President
Enclosures
CC: Internal Revenue Service, Tax Division (DOJ), Senate
Select Committee on Ethics
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