California regulators’ attempts to compel a conservative nonprofit group to turn over a list of its major donors is unconstitutional, a federal judge ruled on Thursday.
District court judge Manuel Real ruled that attorney general Kamala Harris' office did not demonstrate a sufficient need for that information when it sought to bar the conservative Americans for Prosperity Foundation from raising money in the state unless it turned over that list. The fascist left's need to shame and expose anti-state thought is good enough!!
If upheld, the case could have broad implications for efforts by Democratic politicians to more heavily scrutinize--and, critics say, censor or stifle--nonprofit groups that engage in political speech without advocating for or against specific candidates.
The AFP Foundation "has proven that disclosing its Schedule B to the Attorney General would create a burden on its First Amendment rights," Real wrote in his decision. Schedule B refers to the portion of nonprofits' annual filings with the Internal Revenue Service that disclose their major donors. Though 501(c)(3) nonprofit groups are required to provide that information to the IRS, the agency is barred from publicly disclosing it. Yet somehow the DNC gets access to it...
Under regulations implemented by the California attorney general's office, nonprofit groups that want to raise money in the state have to turn over their unredacted schedule B to state regulators.
The AFP Foundation operated in California since 2001 without providing that schedule B. The state asked for it for the first time in 2013. The foundation said it would not provide it, and sued for the ability to continue operating in the state.
The dispute turned on the question of whether compulsory donor disclosure infringes on a nonprofit group's First Amendment rights. The foundation argued that the frequent threats and attempts at intimidation that it endures--in large measure a result of its affiliation with libertarian billionaire David Koch, who chairs the group's board--demonstrate that compulsory donor disclosure would chill support for the group. The court agreed.
"During the course of trial, the Court heard ample evidence establishing that AFP, its employees, supporters and donors face public threats, harassment, intimidation, and retaliation once their support for and affiliation with the organization becomes publicly known," Real wrote. Sounds like the CA DA and the staff need some jail time. Or at least tarred and feathered Funny how no one has called out Ms. Harris about her lack of interest into citizens facing public threats, harassment and intimidation. I always thought there were laws about that sort of thing, but what do I know...
The AFP Foundation invoked the Supreme Court's 1958 decision in NAACP v. Alabama, which upheld donor and membership privacy under the First Amendment. Harris downplayed threats against the foundation by noting that those leveled against the NAACP during the civil rights movement were far more severe.
Real agreed, but waved off the argument.
"Although the Attorney General correctly points out that such abuses are not as violent or pervasive as those encountered in NAACP v. Alabama or other cases from that era, this Court is not prepared to wait until an AFP opponent carries out one of the numerous death threats made against its members," the judge wrote. Wow. Common sense from a judge.
Still long past time to punch back twice as hard. Or even shoot back.
FBI Director James Comey says the forthcoming Democratic National Convention does not represent a deadline for finishing the investigation of Hillary Clinton's emails. Asked about the case today at a security conference in London, he said, "Somebody asked me if the Democratic National Convention is a hard stop or a key date for you? Are you doing this aimed at that? And I said, no.
"We aspire to do all our investigations in two ways -- well and promptly, especially investigations that are of great interest to the public. We want to do them promptly.
"I get that people care about this investigation, and so we're working very hard to ensure it's well and promptly. But as between the two, if we have to choose, we will do it well. But again we aspire to do it well and promptly."
Comey repeated what he has said before, that he is "personally close to this investigation, because I want to ensure that we have the resources, the people, the technology, and the space to do those things, and to do it in the way I hope we do all our work, which is competently, honestly, and independently. And I'm confident that it's being done that way."
Posted by: Steve White ||
04/22/2016 00:00 ||
Comments ||
Link ||
[11122 views]
Top|| File under:
#1
You will just have to vote for a Felon all on your own
#4
FBI Director James Comey says the forthcoming Democratic National Convention does not represent a deadline for finishing the investigation of Hillary Clinton's emails.
If one assumes this statement has the approval of the regime, then can one assume there are no schedules, deadlines, or goals for eventual prosecution period ?
Pardon me. I believe I may have answered my own question.
#5
Not saying the fix isn't in, but isn't this what he HAS to say?
Anything else and the "it's political!!11!!" chorus revs up
Posted by: Frank G ||
04/22/2016 9:36 Comments ||
Top||
#6
again
my dream scenario is an indictment just before the acceptance speech and an arrest and perp walk on national TV live
Posted by: lord garth ||
04/22/2016 9:56 Comments ||
Top||
#7
Lord Garth,
Then we get her VP which may be worse, and, I suspect, carefully chosen in the event of Clinton becoming ill or otherwise incapacitated.
The convention should be a deadline. Otherwise it's a nothingburger.
#8
A cynical person might wonder whether Comey being "personally close to this investigation" has more to do with ensuring its thoroughness or managing its pace.
#9
Don't forget: the FBI doesn't indict anyone. All they can do is investigate, and then (optionally) recommend that the Justice Department indict. So even if the FBI wraps up its investigation by the convention, Loretta Lynch has lots of time to review the report, slow walk the grand jury, and so on.
Ultimately, it will all come down to whether Obama decides to throw Hillary under the bus.
Posted by: Rambler in Virginia ||
04/22/2016 13:16 Comments ||
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California regulators’ attempts to compel a conservative nonprofit group to turn over a list of its major donors is unconstitutional, a federal judge ruled on Thursday.
FBI Director James Comey says the forthcoming Democratic National Convention does not represent a deadline for finishing the investigation of Hillary Clinton's emails. Asked about the case today at a security conference in London, he said, "Somebody asked me if the Democratic National Convention is a hard stop or a key date for you? Are you doing this aimed at that? And I said, no.
