WASHINGTON – Donald Trump on Thursday promised to give a “major political speech” at the “annual roundtable” for Judicial Watch – a tax-exempt charity that by law should not get involved in politics.
The coup-tempted former president, apparently still fuming over a recent magazine article that described his 2024 pledge as virtually non-existent, said Thursday night’s appearance proved he is indeed campaigning.
“Big political speech today at TRUMP DORAL in Miami,” he wrote. “Fake News says they’re not campaigning very hard. I say they are stupid and corrupt, with elections still far away”.
His appearance will be hosted by Judicial Watch, which is a tax-free 501(c)(3). This allows donors to deduct their gifts to the group, but also prevents them from getting involved in politics.
Judicial Watch communications director Jill Farrell said she is not concerned about Trump’s planned remarks at a “private” event that does not allow media coverage.
“This is not a campaign speech,” he told HuffPost. “There is no ‘there’ there.”
Robert Maguire of Citizens for Responsibility and Ethics in Washington said Judicial Watch’s relationship with Trump is evidence that the IRS is unable to enforce tax-exempt group regulations. “This is further evidence of the total failure of the IRS to take action against these groups which are clearly political groups using their tax-exempt status as a shield,” he said.
Other tax-exempt groups have been more careful to avoid politics.
When failed Arizona Republican gubernatorial candidate Kari Lake appeared at last month’s Turning Point USA conference in Phoenix, the group’s president Charlie Kirk decided to take the stage before her remarks to say her visit was sponsored by TPUSA Action, charity 501. (c)(4) arm.
Organizations registered under this provision may engage in certain policies and donations to them are not tax deductible.
On its 2019 and 2020 tax forms, the most recent publicly available, Judicial Watch checked the box “NO” in response to the question: “An organization engaged in direct or indirect campaigning on behalf of or in opposition to public office?”
Lloyd Mayer, a professor and expert on tax-exempt organizations at the University of Notre Dame Law School, said Judicial Watch has the right to invite Trump as a former president and won’t break the rules until Trump talks about his campaign . “And even if Trump makes such a mention, if Judicial Watch ordered him not to, but it went off script, Judicial Watch would have a defense because it could claim that it took reasonable steps to avoid such a noteworthy,” he said. Mayer said. .
Marcus Owens, former head of the IRS’s Exempt Organizations Division, said Trump’s “slightly edited” speech about his experience as president is legitimate. “The challenge for Judicial Watch is that it’s very difficult to imagine Donald Trump staying on script and not talking about his political future,” he said.
Owens said it’s also curious that the event is being held on a Trump property, with the proceeds going directly into Trump’s pocket. “It’s debatable whether Judicial Watch is making a contribution to Donald Trump’s campaign,” he said. “They are relying on the fact that the IRS does not have the agencies and the ability, financially, to conduct an audit of Judicial Watch at this time.”
Judicial Watch President Tom Fitton has been a public supporter of Trump for years. According to an email found by the House committee on Jan. 6, Fitton advised Trump on Oct. 31, 2020, to declare election night, regardless of the outcome: “We had an election today and we won.”
Fitton sent another email on the very day of the election to remind Trump of his earlier note. Shortly thereafter, in the early hours of November 4, Trump followed Fitton’s advice and said, “Honestly, we won this election.”
Trump continued to lie about the “stolen” election over the next two months and tried to force his own vice president to declare him the winner of the election. The effort culminated in violence at the Capitol on January 6, 2021, which resulted in the deaths of five police officers.
In a statement, Fitton said Judicial Watch was “honored” to have Trump supporters speak. “President Trump has waged a historic fight against government corruption and abuse, a fight that continues today,” Fitton said. “We are honored that he will speak and educate Judicial Watch supporters about the current crisis in the rule of law that so threatens our republic.”
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