The twin scandals that erupted in the Obama administration last week put the president and Democratic lawmakers on the defensive. Revelations that the IRS singled out conservative groups for additional scrutiny regarding their applications for tax-exempt status and that the Justice Department secretly examined phone records of Associated Press reporters, combined with the ongoing investigations into the terrorist attack at the U.S. facility in Benghazi, Libya that left American Ambassador Chris Stevens and three others dead, gives the Republicans the opportunity to hold hearings for months.
There's a lot of blame to go around. Nobody likes the IRS, and Republicans' worst fears were confirmed last week when it was revealed that conservative groups seeking tax-exempt status were targeted. And while that is a serious matter, made worse by bumbling explanations from IRS officials, it's worth noting that in our view, such groups should get a closer look. Many conservative organizations walk a fine line when maintaining separation of church and state, as LGBT folks know all too well. The National Organization for Marriage, for instance, continues to fight court rulings requiring it to release donor information in accordance with various reporting laws. Nevertheless, the IRS should have done a better job ensuring that all applicants are examined equally. Its bad reputation will only get worse, and these latest actions, which were acknowledged by the agency, could affect the implementation of healthcare reform as it's the IRS that will be providing the subsidies to states as well as issuing penalties against individuals who do not acquire or employers who do not provide health insurance, as a Washington Post blog post noted.
The government's information grab of reporters' phone records, however, is a far more serious matter because it could have a chilling effect on newsgathering. The Justice Department was apparently investigating the source of a May 2012 story by the AP that disclosed details of a CIA operation in Yemen, the news agency said. Attorney General Eric Holder said this week that he had recused himself from the matter and that it was a deputy who made the decision to obtain records from more than 20 separate phone lines used by more than 100 journalists. But AP President and CEO Gary Pruitt countered by saying that the department's response failed to justify the breadth of its subpoena. The government's actions will discourage confidential sources from speaking with reporters.
While Washington is consumed with these scandals, it is increasingly apparent that little to no progress will be made on legislation like the Employment Non-Discrimination Act or other equality measures. In fact, given the political gridlock that has been in place for years, it would seem that even comprehensive immigration reform legislation is in danger of collapsing, without the inclusion of policies that would help same-sex binational couples. It's critical that the president get on the offensive and not allow Republicans to continue obstructing progressive legislation.