Stipulating that Newt was later cleared of the charge for which he was sanctioned ..

[Amelia]

Stipulating that Newt was later cleared of the charge for which he was sanctioned ... why did the Democrats get away with coercing a confession out of him and why did so many Republicans vote against Gingrich on that 84th charge?

Forgive me if this has been asked and answered. I have been trying not to think about Gingrich. It hasn't worked out very well, but I've been trying.

Was it his past offenses and his personal life which made it so easy for his fellow Republicans to bail on him? Was it simple exhaustion under the relentless efforts of the Democrats to bring Gingrich down after he so effectively damaged them? Why were the Democrats effective, why did Gingrich give in, and why did so many of his party members vote against him?


This is the Wiki summary for convenience.

Ethics charges, reprimand and fine

Eighty-four ethics charges were filed against Gingrich during his term as Speaker, all but one of which were eventually dropped. After an extensive investigation and negotiation by the bipartisan House Ethics Committee, Gingrich was reprimanded and fined $300,000 by an overwhelming 395-28 House vote, with both Republicans and Democrats speaking in favor of those sanctions. It was the first time in the history of the House that a Speaker was disciplined for an ethics violation.

The last three charges were dropped because although it was found that he had violated a House rule in the past, there was no evidence that Gingrich was still violating it at the time of the investigation. The one charge not dropped was a charge of claiming tax-exempt status for a college course run for political purposes. In addition, the House Ethics Committee concluded that inaccurate information supplied to investigators represented "intentional or ... reckless" disregard of House rules.

The Ethics Committee's Special Counsel, James M. Cole, concluded that Gingrich had violated federal tax law and had lied to the ethics panel in an effort to force the committee to dismiss the complaint against him. The full committee panel did not agree whether tax law had been violated and left that issue up to the IRS. In 1999, the IRS cleared the organizations connected with the "Renewing American Civilization" courses under investigation for possible tax violations.

In January 1997, Gingrich said "I did not manage the effort intensely enough to thoroughly direct or review information being submitted to the committee on my behalf. In my name and over my signature, inaccurate, incomplete and unreliable statements were given to the committee, but I did not intend to mislead the committee." But he also apologized, saying "I brought down on the people's house a controversy which could weaken the faith people have in their government."

Newt Gingrich - Wikipedia, the free encyclopedia

 

[Liability]

Newt was not actually "cleared."

 

[Amelia]

How so?

I don't know if I've seen the official wording of the charge he was reprimanded for. Wiki's version: "claiming tax-exempt status for a college course run for political purposes."

IRS found that the course was not political, right?



Do you mean he wasn't officially cleared? As in the House apologizing to him after the IRS finished their investigation?

 

[ladyliberal]

How so?

I don't know if I've seen the official wording of the charge he was reprimanded for. Wiki's version: "claiming tax-exempt status for a college course run for political purposes."

IRS found that the course was not political, right?



Do you mean he wasn't officially cleared? As in the House apologizing to him after the IRS finished their investigation?

No, the IRS investigation didn't clear him. Motivated by the House investigation, the IRS investigated the course to see if it was violating tax law. It found that it wasn't: Washingtonpost.com: IRS Clears Foundation That Aided Gingrich Course

However, the charge for which the House eventually sanctioned him was submitting inaccurate information to the Ethics committee. Gingrich admitted this. He denied that he had intended to submit false information, but I don't believe that intent was part of the element of the violation, so I believe Gingrich admitted that he had committed the ethics violation for which he was sanctioned.

Even if one were to stipulate, counterfactually, that the IRS investigation cleared Gingrich of all wrongdoing this would hardly have an impact on the House vote, which occurred years before the IRS investigation concluded.

And no, the IRS did not find that the course was nonpolitical. In fact, while it found that the course was "was educational and never favored or opposed a candidate for public office", it also found that the course was "substantially motivated by partisan, political goals."

 

[g5000]

Newt plea bargained the charges down. He was guilty of other crimes, but those were dropped.

It's like plea bargaining a manslaughter charge down to jaywalking.

 

[Amelia]

How so?

I don't know if I've seen the official wording of the charge he was reprimanded for. Wiki's version: "claiming tax-exempt status for a college course run for political purposes."

IRS found that the course was not political, right?



Do you mean he wasn't officially cleared? As in the House apologizing to him after the IRS finished their investigation?

No, the IRS investigation didn't clear him. Motivated by the House investigation, the IRS investigated the course to see if it was violating tax law. It found that it wasn't: Washingtonpost.com: IRS Clears Foundation That Aided Gingrich Course

However, the charge for which the House eventually sanctioned him was submitting inaccurate information to the Ethics committee. Gingrich admitted this. He denied that he had intended to submit false information, but I don't believe that intent was part of the element of the violation, so I believe Gingrich admitted that he had committed the ethics violation for which he was sanctioned.

Even if one were to stipulate, counterfactually, that the IRS investigation cleared Gingrich of all wrongdoing this would hardly have an impact on the House vote, which occurred years before the IRS investigation concluded.

And no, the IRS did not find that the course was nonpolitical. In fact, while it found that the course was "was educational and never favored or opposed a candidate for public office", it also found that the course was "substantially motivated by partisan, political goals."

I read that his admission of submitting false information turned out to be false. Sort of "I thought I made a mistake once but I was wrong."

In January, 1997, Gingrich agreed to make a limited confession of wrongdoing in which he pleaded guilty to the previously unknown offense of failing to seek sufficiently detailed advice from a tax lawyer before proceeding with the course. (Gingrich had in fact sought advice from two such lawyers in relation to the course.) Gingrich also admitted that he had provided "inaccurate, incomplete, and unreliable" information to Ethics Committee investigators. That "inaccurate" information was Gingrich's contention that the course was not political -- a claim Cole and the committee did not accept, but the IRS later would.

What really happened in the Gingrich ethics case? | Campaign 2012 | Washington Examiner

So that article is one which is saying the IRS found the course was not political. The statement that it was "substantially motivated by partisan, political goals" was in the IRS report?




Dang this is so slippery.

 

[Amelia]

I posted that too early.

Reading your link again more closely it looks like the "substantially motivated by partisan, political goals" statement was what the House's counsel said.


I don't see that it is in the IRS' statement.

In its ruling, the IRS said the content of Gingrich's course "was educational and never favored or opposed a candidate for public office."

It said the foundation "did not intervene on behalf of candidates of the Republican Party merely by promoting" themes in the course.

 

[g5000]

There were 84 charges against Newt. That's a lot of charges.

83 were dropped once he plea bargained the one.

Dropped =/= innocent.

Washingtonpost.com: Ethics Committee Drops Last of 84 Ethics Charges Against Gingrich

The House ethics committee dropped the three remaining ethics charges against Speaker Newt Gingrich (R-Ga.) yesterday, despite finding that Gingrich repeatedly violated one rule by using a political consultant to develop the Republican legislative agenda.

The ethics panel decided to take no further action because there is no evidence that "Rule 45" violations are continuing in the speaker's office, a post Gingrich has held since 1995. Consultant Jeffrey Eisenach's work took

Wouldn't it be nice if we were all given the same break? Hey, I stopped repeatedly breaking the law and ain't doing it no more. So let me off!

 

[Amelia]

Would really like to at least get it clear about the IRS's findings.

 

[Amelia]

Bump.


Do we have a link to the IRS report?

 

[DontBeStupid]

Bump.


Do we have a link to the IRS report?

I don't have a link readily available, but as I understand it, the IRS cleared Newt's non-profit organization, not Newt himself. Since a corporation is now a person, we're talking about two separate people here. One who was cleared and one who wasn't.

Can anyone confirm?

 

[Baruch Menachem]

As for the bailing, I think part of it is he has the personality of a rattlesnake with a hangover.

 

[Quantum Windbag]

How so?

I don't know if I've seen the official wording of the charge he was reprimanded for. Wiki's version: "claiming tax-exempt status for a college course run for political purposes."

IRS found that the course was not political, right?



Do you mean he wasn't officially cleared? As in the House apologizing to him after the IRS finished their investigation?

No, the IRS investigation didn't clear him. Motivated by the House investigation, the IRS investigated the course to see if it was violating tax law. It found that it wasn't: Washingtonpost.com: IRS Clears Foundation That Aided Gingrich Course

However, the charge for which the House eventually sanctioned him was submitting inaccurate information to the Ethics committee. Gingrich admitted this. He denied that he had intended to submit false information, but I don't believe that intent was part of the element of the violation, so I believe Gingrich admitted that he had committed the ethics violation for which he was sanctioned.

Even if one were to stipulate, counterfactually, that the IRS investigation cleared Gingrich of all wrongdoing this would hardly have an impact on the House vote, which occurred years before the IRS investigation concluded.

And no, the IRS did not find that the course was nonpolitical. In fact, while it found that the course was "was educational and never favored or opposed a candidate for public office", it also found that the course was "substantially motivated by partisan, political goals."

I actually think he was sanctioned because he is an arrogant asshole and nobody liked him. Submitting inaccurate information is, at worst, a wrist slap charge that they throw in to give themselves political cover for not going after people who are obviously guilty of criminal acts when they don't want to do anything serious to them.

You also seem to be confusing the allegations from the Democrats with the actual findings of the IRS.

“Critics said the course, which was videotaped and widely distributed, was too political, a scheme to use a tax-exempt educational foundation to promote a Republican agenda and elect Republican candidates. But in a 74-page memorandum, the IRS said otherwise,” Jackson reported.

He then quoted the IRS report: “The…course taught principles from American civilization that could be used by each American in everyday life whether the person is a welfare recipient, the head of a large corporation, or a politician.”

It said the course “was not biased toward particular politicians or a particular party. The facts show the class was much more than a political platform,” added Jackson.

http://www.newsmax.com/InsideCover/Gingrich-Ethics-Romney-IRS/2012/01/25/id/425523

The IRS actually did exonerate him of all criminal liability, and clearly said the course was not political.

 

[Quantum Windbag]

Bump.


Do we have a link to the IRS report?

I don't have a link readily available, but as I understand it, the IRS cleared Newt's non-profit organization, not Newt himself. Since a corporation is now a person, we're talking about two separate people here. One who was cleared and one who wasn't.

Can anyone confirm?

Since Gingrich was actually teaching the course he would have been liable for any laws he broke, even if he sold the courses through the corporation. They effectively cleared both of them.