“What do you expect when you sue the president?” Hearing that comment, some people may guess the comment was made by someone addressing one of President Trump’s political opponents who has been targeted for federal prosecution. That quote, though, is much older. It is from an IRS agent addressing officials of a conservative organization that was being audited during Bill Clinton’s presidency. This illustrates that the use of federal agencies to punish presidents’ enemies did not start with President Trump.
The administration of President Franklin Delano Roosevelt used tax investigations against political opponents. Targeted individuals included publishers of newspapers that were highly critical of Roosevelt’s domestic and foreign policies.
President John F. Kennedy used the IRS and the Federal Communications Commission (FCC) to drive his conservative critics off the radio. President Lyndon Johnson also used the IRS and the FCC to silence conservative critics. One tool that was used to silence conservatives was to accuse broadcasters of violating the “fairness doctrine” by favoring conservative commentators.
President Richard Nixon used the IRS to target political enemies. The Nixon administration also threatened television and radio companies with revocation of their broadcast licenses unless they provided favorable coverage of the administration.
During the Clinton administration, the IRS not only targeted conservative and libertarian organizations it audited Paula Jones after she sued President Clinton for sexual harassment.
During the George W. Bush years, the IRS targeted organizations critical of the Iraq War. When Barack Obama assumed the presidency, the tax agency turned its attention back to conservative and libertarian groups, with a focus on organizations associated with the Tea Party. The Department of Homeland Security also issued a warning that those with pro-liberty bumper stickers — including supporting the Libertarian Party or my presidential campaign — might be violent extremists.
During the Biden administration, many Americans received harsh sentences for being present at the Capitol on January 6 even if they did not commit any violent acts.
Federal agencies can also target presidents’ political enemies without a presidential order to do so being issued. Some ambitious and unscrupulous individuals will target a president’s enemies believing that this is an effective way to curry favor with the president or high-level administration officials. Others will use the power of the government against the president’s political enemies or those involved with political movements seeking to change the direction of the government out of a belief that these people or groups constitute a threat to the federal government that justifies violating constitutional rights.
This history suggests that abuse of power is an inevitable feature of the modern welfare-warfare-regulatory state. Therefore, instead of focusing just on electing the “right” president, we should focus on shrinking the size and scope of the federal government to its constitutional limitations. This will ensure that Americans can exercise their right to criticize the government without fear of reprisal. As Thomas Jefferson said, “in questions of power then, let no more be heard of confidence in man, but bind him down from mischief by the chains of the constitution.”
