Asking churches to put themselves on the line

I noted earlier this week that several religious leaders in Ohio filed a complaint with the IRS against some conservative churches that have been helping Republican candidates, specifically Ohio Secretary of State Ken Blackwell (R), despite legal restrictions on intervening in political campaigns. Yesterday, as Sarah Posner noted, Blackwell encouraged the churches to keep doing what they’ve been doing. There’s one big problem with that.

Republican gubernatorial candidate J. Kenneth Blackwell told conservative religious leaders yesterday not to be deterred from political participation by a federal complaint filed by 31 Columbus-area pastors.

“You tell those 31 bullies that you aren’t about to be whupped,” said Blackwell, the secretary of state, who said that “political and social and cultural forces are trying to run God out of the public square.”

Posner noted the inherent flaw in having Ohio’s Secretary of State encouraging religious ministries to ignore federal tax law. That’s certainly true.

But Blackwell’s advice isn’t just misguided, it’s breathtakingly self-serving. These churches are intervening on Blackwell’s behalf as part of his gubernatorial campaign. If the IRS decides the ministries have run afoul of tax law, who’s left holding the bag? The churches. What happens to Blackwell? Nothing.

The penalties for a church that helps a political candidate could be probation, fines, and in some cases, the revocation of the church’s tax-exempt status. The penalties for a candidate who uses a church for political gain? There are none.

Blackwell, in other words, finds himself in a convenient position as he encourages friendly churches to break the law — he gets all of the benefits with none of the risk. If the churches involved face IRS penalties, Blackwell will pat them on the back, thank them for the support, and encourage them to hire a good lawyer.

It’s shameless. I realize that Blackwell embraces the kind of far-right, vaguely theocratic values that the churches like, but these ministries are being used.

What, the RICO statue doesn’t include Blackwell’s attempt to encourage multiple instances of criminal activity?

I just don’t understand the law.

  • Well, except for the fact that encouraging and/or aiding and abetting criminal behavior is a crime (either solicitation or accomplice liability, respectively). I assume not just his public remarks (which raise 1st amendment issues), but his coordinated actions and/or documents would support the finding of soliciting or aiding.

    Any lawyers have any idea why that wouldn’t apply here?

  • Guys, I don’t know…

    If Pat Robertson hasn’t been charged after calling for a homicide, then I don’t know what will do the trick.

  • It certainly is an issue that begs for corrective federal legislation. Maybe something like “enticement to commit an illegal act for political gain” or something like that. Thanks for raising this point, CB, it’s absolutely spot on.

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