In his State of
the Union this year, President Obama announced that Bob Bauer would be heading
the “Presidential Commission on Election Administration.” On the surface Bauer seems to be a
reasonable pick; as the Obama Campaign counsel paired with Romney Campaign
Counsel Ben Ginsberg to lead a commission
on elections “to improve the experience of all voters.”
However, serious questions about Bauer are beginning to
surface. Mainly was Bauer a key White
House force behind the effort to intimidate the Tea Party and conservative
groups in the IRS Scandal? It can
be argued that Bauer led the effort of the 2008 Obama campaign to silence
those who opposed them by means that look similar to those later imposed by the
IRS.
Bob Bauer, general counsel
for the campaign (and later general counsel for the White House), on the same
day wrote to the criminal division of the Justice Department, demanding an
investigation into AIP, "its officers and directors," and its
"anonymous donors." Mr. Bauer claimed that the nonprofit, as a
501(c)(4), was committing a "knowing and willful violation" of
election law, and wanted "action to enforce against criminal
violations."
AIP gave Justice a full
explanation as to why it was not in violation. It said that it operated exactly
as liberal groups like Naral Pro-Choice did. It noted that it had disclosed its
donor, Texas businessman Harold Simmons. Mr. Bauer's response was a second
letter to Justice calling for the prosecution of Mr. Simmons. He sent a third
letter on Sept. 8, again smearing the "sham" AIP's "illegal
electoral purpose."
Also on Sept. 8, Mr. Bauer
complained to the Federal Election Commission about AIP and Mr. Simmons. He
demanded that AIP turn over certain tax documents to his campaign (his right
under IRS law), then sent a letter to
AIP further hounding it for confidential information (to which he had no
legal right).
The Bauer onslaught was a
big part of a new liberal strategy to thwart the rise of conservative groups.
Requests for inappropriate information, intimidation of
501(c4) groups, etc. sounds just like what the IRS would later do to the tea
party.
Bauer was trying every trick he could to chill the speech
of groups that oppose Obama, whether it was using the Justice Department or the
FEC. In 2008 he also went after groups
that were pro-Hillary such as American Liberty with similar tactics.
It does not take a major leap of faith to make the
connection that Bauer as White House Counsel would push for the IRS to use
those same tactics in 2010-11 before he left to go back to the Obama for
President campaign. As information
yesterday came out that the IRS Commissioner visited
the White House more than any cabinet official, it would be good to know
how many times those meetings were with White House Counsel Bauer before Bauer
left to be campaign counsel.
What is definite is Bauer is not the man to lead a
commission on election administration.
It seems like Bauer has led efforts to chill speech and fought against
open elections at a minimum. Until those
questions are answered, Bauer seems like a poor choice to lead a commission “to
improve the experience of all voters” because all voters deserve to hear from
both sides.
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