Columns, Politics, Religion

Did Kamala Harris Just Violate Federal Law To Boost Terry McAuliffe In Virginia?

Democratic leaders have pulled out the stops to try to help Terry McAuliffe in his struggling campaign for governor in Virginia. Figures from Barack Obama to Stacey Abrams have stumped for McAuliffe  who is in a tight race with businessman Glenn Youngkin. The key for McAuliffe is black voters, and to spur turnout Vice President Kamala Harris has taped an endorsement of McAuliffe that is reportedly being played at hundreds of African American churches around the state. The problem is the “Johnson Amendment” makes such political pitches in churches a violation of federal law. Making matters worse, this knowing violation occurred just days after the filing of a complaint against White House Press Secretary Jen Psaki for clearly violating the Hatch Act in using the White House press room to support McAuliffe.

The video was aired last Sunday and will air again next Sunday. It was also quoted and aired by CNN. As Harris said in her much maligned “space video,” you can see the violation of federal law “with your own eyes.”

It is part of McAuliffe’s push called “Souls to the Polls” and is a full-throated endorsement of McAuliffe that calls on black churches to turn out for his election. Harris declares “I believe that my friend Terry McAuliffe is the leader Virginia needs at this moment.”

 

The problem is that such direct politicking in tax-exempt churches has been unlawful for decades. Section 501(c)3 states:

Corporations, and any community chest, fund, or foundation, organized and operated exclusively for religious, charitable, scientific, testing for public safety, literary, or educational purposes, or to foster national or international amateur sports competition (but only if no part of its activities involve the provision of athletic facilities or equipment), or for the prevention of cruelty to children or animals, no part of the net earnings of which inures to the benefit of any private shareholder or individual, no substantial part of the activities of which is carrying on propaganda, or otherwise attempting, to influence legislation (except as otherwise provided in subsection (h)), and which does not participate in, or intervene in (including the publishing or distributing of statements), any political campaign on behalf of (or in opposition to) any candidate for public office.

That bolded language is the “Johnson Amendment” prohibition and expressly includes “the publishing or distributing of statements.

The IRS makes clear that such violations will not be tolerated. The agency warns that tax-exempt groups “are absolutely prohibited from directly or indirectly participating in, or intervening in, any political campaign on behalf of (or in opposition to) any candidate for elective public office.” It further stresses:

“Contributions to political campaign funds or public statements of position (verbal or written) made on behalf of the organization in favor of or in opposition to any candidate for public office clearly violate the prohibition against political campaign activity. Violating this prohibition may result in denial or revocation of tax-exempt status and the imposition of certain excise taxes.”

This was a direct political pitch reportedly played in hundreds of churches. Of course, the White House could claim that any violation was committed by the churches if they played the video in prohibited areas. The churches not the White House would be the 501(c)3 entities subject to any enforcement. That assumes that this was not created for that purpose, but it would effectively throw the churches under the bus. The ultimate penalty is the loss of their tax exempt status, though that is unlikely given the lax enforcement in past cases. Nevertheless, there is a legitimate interest in whether the White House knowingly participated in an effort to campaign in churches in violation of their federal obligations.

What is most hypocritical is that the Democrats used the opposition to the Johnson Amendment by former President Donald Trump as a rallying cry in the last election. Trump boasted that he got rid of the Johnson Amendment. That was not true. Here is the critical language in the Trump executive order:

In particular, the Secretary of the Treasury shall ensure, to the extent permitted by law, that the Department of the Treasury does not take any adverse action against any individual, house of worship, or other religious organization on the basis that such individual or organization speaks or has spoken about moral or political issues from a religious perspective, where speech of similar character has, consistent with law, not ordinarily been treated as participation or intervention in a political campaign on behalf of (or in opposition to) a candidate for public office by the Department of the Treasury.

The order expressly requires adherence to federal law and only states that “moral or political issues” may be discussed “from a religious perspective.” Harris is calling souls to the polls in a straight political speech. So even under Trump’s order, this would be a violation.

Putting aside any federal violation in such pitches, Trump’s desire to get the vote out through evangelical churches was widely denounced as an attack on the separation of Church and State. That was before McAuliffe ran into trouble in what was viewed as a reliably blue state that Biden won by a wide margin. Now the same media and legal figures are silent.

If this is indeed played in churches (as opposed to simply posted on Internet sites), it does appear a premeditated and unambiguous violation of the federal law governing churches as non-for-profit institutions.

120 thoughts on “Did Kamala Harris Just Violate Federal Law To Boost Terry McAuliffe In Virginia?”

  1. The Hatch Act and/or the Internal Revenue Code — Ds can violate both with impunity. C’mon man: it’s a pitch to “black” voters and that content and tone excuse any and all violations of federal laws. She’s a VP of the USA turned Sunday preacher educating members of “black” churches that they will be victims of systemic racism if a Republican is elected governor of VA; the Ds will see nothing unlawful or racist about that.

  2. Folks, this is the Biden Administration that we are talking about. They don’t care about violations of the Johnson Amendment or the Hatch Act. And no one in the DoJ is going to go after them…

    2. So Mike Pence making the rounds at churches like First Baptist Dallas last year and telling people to vote for Trump and other GOP caidiates was fine?

      Turley didn’t care.

      1. I didn’t hear his speech. Is he on record telling people to vote for Trump and other GOP candidates? I ask because that would seem to be an unnecessary statement for him to make. I doubt anyone in attendance thought he was there campaigning for Biden or Democrat candidates.

      2. “telling people to vote for Trump and other GOP caidiates was fine?”

        Do you have a quote? If not, you are likely making things up and then blaming Turley. What is wrong with you?

  3. I am confident that our impartial Department of Justice will pursue this violation (right after the election).

      1. I didn’t hear his speech. Is he on record telling people to vote for Trump and other GOP candidates? I ask because that would seem to be an unnecessary statement for him to make. I doubt anyone in attendance thought he was there campaigning for Biden or Democrat candidates.

  4. I agree with Olly.

    I dont see how the govt can limit the 1st amendment right of free speech in churches. Legislation would specifically conflict with “Congress shall make no law”….”prohibit the free exercise of religion”
    ly
    But that’s not the debate. Is the DoJ going to make an example of those Churches by stripping them of their 501(c)3 protection?That itself would be in direct violation of the 1st amendment.

    1. Churches should not shrink from their duty to advocate for a government that is consistent with their religious teachings. They can and should identify laws and policies that infringe the right of conscience. They can do that without actively endorsing specific candidates or political parties. If they stick to teaching scripture and identify government policies that are inconsistent with those teachings, then they can leave it up to their congregations to determine how they vote. This is a good, short article on the subject.
      https://www.christianpost.com/news/10-reasons-why-the-church-should-not-abandon-politics.html

      1. I stopped attending two churches because they were preaching political issues. The first was a Lutheran when I was in college, and the second was an Episcopalian I attended as an adult. I believe this is why church attendance is down. Churches started getting into politics, so people who were interested in biblical teaching got turned off and stopped going. And those who were interested in politics didn’t need to go to church to hear about politics because it was part of their life anyway. I can only speak for myself, but that’s why I stopped attending church. I can read the Bible at home. And I don’t need a minister telling me how to vote.

        1. I’m not suggesting Churches engage in political activism. What I am suggesting is educating the congregation on governance that is consistent with biblical teachings. Once armed with that knowledge, the congregants should then be better prepared to evaluate and vote based political platforms, policies and politicians that support their biblical worldview. It’s not much different from teaching U.S. Civics.

  5. They don’t care about the law. Don’t you get it yet? How many articles do you need to write before you get it? Eviction moratorium? Jan 6 prisoners being treated worse than the Taliban? Hello. McFly

    1. That tactic was introduced by Obama, and has continued under Biden. It’s basically the “well, what are you going to do about policy,” meaning they just go ahead and do what they want, knowing there will be no consequences beyond a slap on the wrist. Biden made clear that he was following the policy when he acknowledged that the Supreme Court would strike down his eviction moratorium, but he was going ahead with it because by the time SCOTUS got to it, he would have achieved his goals. The open lawlessness of the Democratic government breeds disrespect for the law and an eroding of our cultural norms. We are no longer “a country of laws.” The government picks and chooses among the laws it wants to enforce based on politics.

  6. This half Indian and half Jamaican who was raised in Canada making a plea to only African America Churches is like Sen. Elizabeth Warren making a plea to American Indians.
    .

    1. Actually, she’s half Indian, 1/4 Afro-Jamaican and 1/4 English; raised in Canada by an Indian mother with a Ph.D and employed as a cancer researcher, but, yeah, she totally relates culturally to the average American black, lol. At least Obama thought it necessary to marry an American black, but Kamala chose a white Jewish husband who is a partner at a prestige Los Angeles law firm. She’s about as black as crumpets and tea, but black Americans will accept anything because they’ve bought into the “one-drop rule.”

      1. Dems are well on their way to that, even before this episode. Lawless, greedy politicians who’ll stop at nothing. And you, the people, elected them.

  8. Did Democrats violate the law?

    Is there any question?

    Democrats violate laws on a continuous basis. The big problem is that their accomplices are the IRS, the DOJ, the FBI, etc. That makes any Republican violations insignificant.

    1. Also, the violation would be on the church, not the VP.

      With the minor exception that the video was specifically made for presentation at a Church service. She mentions this is the first year you can vote on Sunday. So please, vote after today’s service.

      At the very least, she has encouraged Churches to violate the law.

    2. That is an excellent point.

      The Dems used the IRS to punish those on the right denying 501 C 3 to legitimate organizations and they audited people on the right to intimidate them. That is how the left misused the Washington bureaucracy.

  10. I haven’t studied this issue but personally, I don’t agree with muzzling Churches from political activity.

    That being said: Show of hands; how many believe any Churches will lose their nonprofit status as a result of this political activity?

    This is more likely a shot across the 2022 “election integrity” bow. Crack down now on black Churches and that will be considered racist and voter suppression. The next move will be for the “future,” newly expanded IRS to threaten and harrass conservative Christian nonprofits during this election cycle.

  11. “Multiculturalism” is a program that is FORCED upon EVERY & ONLY White countries.

    “Multiculturalism” is a program to turn EVERY White country into a non-White country.

    This is genocide. WHITE Genocide.

    If you are White, and you object to your own genocide, you are called an “EVILRACISTNAZI”!

    Well guess what, my people, White people, are catching on very quickly to the following two things:

    1 – Multiculturalism is a code word for White Genocide.

    2 – Anti-racist is a code word for anti-White.

    1. ” . . .White countries.”

      What exactly is a “white country?”

      If you focus on race, as opposed to *ideas*, you have lost the battle against multiculturalism — and have betrayed Western civilization.

  12. Democrats have always campaigned in black churches and nothing has ever been done about it. It is just a fact of life that this happens every election It is if the black churches are somehow exempt from this law.

  13. McAwful has a far bigger problem with the death of Colin Powell. Quite the October surprise. This is also bad all around for the national cult religion of the vaccine.

    Former Secretary of State Colin Powell, the first Black American to serve in the post, died on Monday at the age of 84 due to complications from COVID-19, his family announced in a statement. The family said the former chairman of the Joint Chiefs of Staff had been fully vaccinated and was receiving treatment at Walter Reed National Medical Center.
    – The Hill

    Blacks will wag their fingers at the vaccine evangelists. Blacks in VA have 46% compliance in being fully vaccinated. Whites have 51% and Hispanics 58%.

    Current radio commercials in Richmond (50% Black) run the gamut of “Youngkin is going to kill your children” to “Youngkin doesn’t believe in vaccines”. Well, nor do Blacks. With Powell’s death in spite of being fully vaccinated, his unfortunate death will suppress Black voters. This is assuming of course election integrity even exists. Democrats will likely find 2,000,000 unaccounted ballots of dead voters after election polls close at the bottom of the Chesapeake Bay.

  14. So what? Republican leaning churches have been doing this for decades. And yet not a peep from JT.

    1. Republican churches playing videos of Mike Pence politicking? I missed that. Please provide an example.

      1. The video is not the issue, it is the overt campaigning for a politician. And they do that all the time.

    2. I would love to see that video of a Republican Vice President campaigning for a Named Candidate from the Pulpit of a church during Scheduled Worship Services

  15. We’ve seen this repeated constantly. Dems respond to a policy agenda item, explain exactly why the actions desired violate the Constitution, and then a few days later issue an executive order, or an agency writes a rule, violating the Constitution. The Rent moratorium was just one of the latest. SCOTUS laid out exactly what the Constitution prescribed. Only Congress would have the constitutional power to make such an order.
    Biden issues it anyway, and admitted it was unconstitutional, but it would take time to get any ruling to overturn.

    The Churches looked at the Harris video and thought, ‘well, this is the Vice President, Ex Senator, Ex Atty General for California. AND claims to be black. It such a credentialed person tells me this is within the law, then I accept that counsel.

  16. The violators are the churches that played the video appeal. I suppose that Kamala Harris (and those who were involved in making the video) would be aiders and abettors of the churches. Ronald Reagan in the 1980 presidential campaign appeared before a group of clergymen and said, “You can’t endorse me but I can endorse you.” The first part of his statement must refer to the Johnson amendment.

    1. Reagan was a wise and insightful President. The churches that violated the Johnson Amendment nor Harris will not have to worry since it is the DOJ that would have to take action and under Democratic leadership, they never will!

      1. It’s the IRS that would revoke tax-exempt status, and that would defend any challenge to that action in Tax Court. If the matter were appealed to Federal District Court, the DOJ would defend the IRS. But it’s not going to happen. Black churches are untouchable. Along with black rioters and looters.

  17. Since when do Dims compy with any law that limits their nefarious aims? Since when does in-the-tank law enforcement care? Since when?

  18. “But Trump…”

    Lefties think that opposition to Trump justifies any behavior.

  19. Political speech in churches is illegal. As a consequence, the IRS should remove the offending churches from tax-exempt status. The Biden adm has repetitively engaged in govt overreach

    1. She didn’t violate any law. She can make political videos. However, churches that play her speech are violating the law.

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