In a press statement yesterday announcing that he would not run for re-election to the Senate in 2014, Senator Carl Levin (D-MI) foreshadowed a new investigation by the Senate Permanent Subcommittee on Investigations (“PSI”) concerning what he described as the IRS’s “failure” to police the use of undisclosed political money by tax-exempt organizations.  As the long-time Chair of the PSI Subcommittee, he highlighted this issue as one of a handful of matters that PSI will train its guns on between now and the 2014 election.

Chairman Levin’s statement made clear that one of the issues PSI will tackle over the next two years is what he called “a growing blight on our political system that I believe I can help address:  the use of secret money to fund political campaigns.”  He added that in his view “our tax laws are supposed to prevent secret contributions to tax-exempt organizations for political purposes.  My Permanent Subcommittee on Investigations needs to look into the failure of the IRS to enforce our tax laws and stem the flood of hundreds of millions of secret dollars flowing into our elections … .”

The PSI Subcommittee is known for conducting lengthy, thorough, and complex investigations that typically extend over many months or even years.  Although, from the tenor of Chairman Levin’s statement, it is the IRS itself that is squarely in his crosshairs, typically the PSI Subcommittee would seek to take discovery from regulated organizations.  If it does so in this case, that could raise significant First Amendment issues, particularly if the Subcommittee aims its often-used subpoena power at associations and outside groups that are active in the political process.

Generally, in the past, the “glass houses” effect has tended to temper congressional investigations of campaign finance.  Each political party knows that its own side is vulnerable to scrutiny, and so neither party probes too deeply.  There have been exceptions to that rule, however.  And with Chairman Levin freed from worrying about his own re-election, the chances of a full-blown congressional investigation of the campaign finance system are somewhat higher than usual right now.

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Photo of Robert Kelner Robert Kelner

Robert Kelner is the chair of Covington’s nationally recognized Election and Political Law Practice Group.  He counsels clients on the full range of political law compliance matters, and defends clients in civil and criminal law enforcement investigations concerning political activity. He also leads

Robert Kelner is the chair of Covington’s nationally recognized Election and Political Law Practice Group.  He counsels clients on the full range of political law compliance matters, and defends clients in civil and criminal law enforcement investigations concerning political activity. He also leads the firm’s prominent congressional investigations practice.

Rob’s political law compliance practice covers federal and state campaign finance, lobbying disclosure, pay to play, and government ethics laws. His expertise includes the Federal Election Campaign Act, Lobbying Disclosure Act, Ethics in Government Act, Foreign Agents Registration Act, and Foreign Corrupt Practices Act.

He is also a leading authority on the arcane rules governing political contributions and marketing activities by registered investment advisers and municipal securities dealers.

Rob’s political law clients include numerous multinational corporations, many of which are household names.  He counsels major banks, hedge funds, private equity funds, trade associations, PACs, political party committees, candidates, lobbying firms, and politically active high-net-worth individuals. He has represented the Republican National Committee, National Republican Congressional Committee, and National Republican Senatorial Committee.  He also advises Presidential political appointees on the complex vetting and confirmation process.

As a partner in the firm’s White Collar Defense & Investigations practice group, Rob regularly defends clients in congressional investigations before virtually every major congressional investigation committee.  He also defends corporations and others in investigations by the Federal Election Commission, the Public Integrity Section of the U.S. Department of Justice, federal Offices of Inspector General, and the House & Senate Ethics Committees.  He has prepared many CEOs and corporate executives for testimony before congressional investigation panels. He regularly leads the Practicing Law Institute’s training program on congressional investigations for in-house lawyers.  In addition, he is frequently retained to lead internal investigations and compliance reviews for major corporate clients concerning lobbying and campaign finance law issues.

Rob has appeared as a commentator on political law matters on The PBS News Hour, CNBC, Fox News, and NPR, and he has been quoted in the New York Times, Washington Post, Wall Street Journal, Associated Press, Legal Times, Roll Call, The Hill, Politico, USA Today, Financial Times, and other publications.

Rob is Chairman of Covington’s Professional Responsibility Committee and a General Counsel of the firm.  He also currently serves as Chairman of the District of Columbia Bar’s Legislative Practice Committee, and he previously was appointed by the President of the American Bar Association to serve on the ABA’s Standing Committee on Election Law.