Larry Klayman: We are very proud to have on our show nationally syndicated columnist and co-host of CNN’s Evans-Novak-Hunt and Shields, Crossfire, and The Capital Gang, probably the hardest working reporter in the world and a good friend, Robert Novak. Bob, thanks for coming on the show. You wrote a column this week concerning something that involved Judicial Watch, and I thought maybe you might want to talk about it.
Bob Novak: I have written before about the IRS auditing political organizations that were on the other side from the Clinton administration. But this was about the fact that Judicial Watch had received 1,500 documents on July the 8th that included some very incriminating material suggesting that the audit of Judicial Watch had been preceded by complaints about Judicial Watch which were forwarded to the IRS by the White House. Of particular significance was an e-mail that was sent to the Clintons saying that [JW] is a partisan organization, and should have its tax exemption taken away from them. This e-mail was forwarded to the IRS and then the Commissioner’s Office and a telephone call was made to a person whose name was blacked out, according to these documents. Shortly thereafter the first attempted audit of Judicial Watch was made. Of course, there were also complaints from prominent Democrats on The Hill, including Charlie Rangel, a Democrat from New York who is the ranking Democrat on the House Ways and Means Committee, which has jurisdiction over the IRS.
Klayman: Just a coincidence, Bob.
Novak: Oh yeah.
Novak: Now what is also interesting is that there’s almost no interest in this by the Bush Administration Justice Department and very little interest by the oversight people on Capital Hill, including Republicans in Congress. I don’t find anybody rushing to find out what in the world has been going on with the IRS.
Klayman: Well, it really is the outrage, to use your words, of the week in many ways because you know there is a law that came into effect in July of 1998 that says that it is a crime for anyone in the Executive Branch to communicate with the IRS directly or indirectly concerning an examination or an audit of any person or entity. So this was a crime that was committed because what this so-called complainant said, and I think it was a manufactured complaint, that Judicial Watch should lose its tax exemption because it sued the President.
Novak: Well, the name of the author of this alleged e-mail has been blacked out by the IRS. Now, of course, it¹s a manufactured complaint. There would be reason to black it out. But perhaps if Congress had shown enough interest in this to investigate they would find out the name and find out whether there was a legitimate complaint.
Klayman: Right. They’ve never gone through our door because they know we’re going to prevail. We’re confident of it. But I’m going to be filing a Motion before Judge Lamberth on behalf of JW because, given the number of lawsuits filed against the Clinton Administration, the attempt to audit Judicial Watch amounts to obstruction of justice. It might be a way to get some justice here.
Novak: I think that’s a good move. I would also, and I hope I don’t sound repetitious about this, but I would also hope that the Justice Department and the Congress get involved. Maybe that’s too much to hope for. Because I think there’s a permanent government in the United States. These are bureaucrats who have their own agenda. [The Bush Administration] has not cleaned out the bureaucracy at the Justice Department and it's much easier to go along with the old gang and let them make the decisions.
Tom Fitton: I think you’re right, that part of the problem is that the Justice Department still hasn’t cleaned house from the previous administration. People are surprised that the IRS Commissioner who was appointed by Bill Clinton is still in there under Bush. The CIA Director, the FBI, by and large, is still made up of cronies of Louis Freeh who, of course, was put in there by Bernie Nussbaum at Hillary’s direction. How is it that Republicans, especially when they come into office, don’t clean house as well as Democrats do when they come in?
Novak: You know, I’ve been in Washington for 45 years, and I have come to believe in the theory that politicians follow the easiest course, the course of least resistance.
Klayman: I don’t know if you saw the article this morning in the Washington Post and elsewhere. We had a victory in our case against the Cheney Energy Task Force. The Ashcroft Justice Department comes in and makes an argument which they didn’t even make in the Hillary Health Care case which is they’re not even going to comply with the judge’s orders. Any thoughts from your standpoint?
Novak: Yeah, the people at the White House say that this is just protecting the privileges of the President. But the more they fight and the harder they fight, it makes you wonder whether there is incriminating matter. Now there’s no question that this benefits politically a lot of people that I don’t like and I’ll bet you don’t like pretty much, either. I get a lot of e-mails from readers and listeners saying do you want Al Gore in office? Get off Bush’s back. But that’s not the business I’m in. I am a conservative. I don’t make any bones about that, but I am not a partisan. It's not my business to protect the Administration from it’s own follies.
Klayman: Yeah, I’m glad you said that. We are proud to be conservatives, too. Bill Saphire is a conservative, and he’s critical of the administration and others. It’s not our jobs to be yes-men. We’re trying to make the country better.
Novak: Right. I give you a lot of credit, and it takes a lot of guts because it’s much easier to be a cheerleader, but there have to be critics in this system. That’s what makes this country so much different than any country in the world that people like you can go into Court and demand that people in power come clean with [American] citizens.