IRS Clears Wiley Drake's Church; Drake Appears to Vow to Endorse Candidate from Pulpit in Fall

The IRS sent a letter to Wiley Drake's church last week saying that "it ha[d] concluded that Buena Park First Southern Baptist Church did not engage in prohibited campaign intervention in violation of the requirements of [Internal Revenue Code] section 501(c)(3)."   The IRS letter (pdf) to the church notes that it received a press release issued on church letterhead in which Drake endorsed Mike Huckabee for president.  The IRS also received information that Drake made the following statement on his Internet radio show: "Yes, I endorsed [Huckabee] personally and yes we use the First Southern Baptist Church; yes, we broadcast the 'Wiley Drake Show' from the First Southern Baptist Church; everything we do is under the auspices of the Church."   The complaint against Drake's church was filed by Americans United for Separation of Church and State.

Here's the part of the letter in which the IRS offers its conclusion that the church did not violate the relevant tax-exempt requirements in this case:

Whether or not [a tax-exempt 501(c)(3)] organization has violated [the prohibition on electioneering] in a given instance depends upon all the facts and circumstances.  We conducted an inquiry of Buena Park First Southern Baptist Church.  The information gathered during the inquiry indicates that the press release dated August 11, 2007 was a personal endorsement by the church's Pastor, Wiley Drake.  The press release was sent from Rev. Drake's personal email account and sent to personal acquaintances and was not sent to any of the church's congregants.  The endorsement was not authorized or approved by the Buena Park First Southern Baptist Church and no church resources were utilized in preparing or sending the email.  Rev. Drake listed his position as pastor of Buena Park First Southern Baptist Church for identification purposes.  Additionally, the Wiley Drake Show is a separate entity from the Buena Park First Southern Baptist Church.  The church does not own, financially support, sponsor or have any legal rights to the Wiley Drake Show.  The Wiley Drake Show is broadcast by Rev.  Drake using his personal cell phone to call into the Crusade Radio (another separate entity).  Rev. Drake broadcasts from where ever he happens to be which may include the church on his break, at home, while driving, at a pro life rally or even in other states.  Rev. Drake's endorsement on the Wiley Drake Show was done while hosting his private religious show and in his personal capacity.

Based on these facts, the IRS has concluded that Buena Park First Southern Baptist Church did not engage in prohibited political campaign intervention in violation of the requirements of [Internal Revenue Code] section 501(c)(3).

But Drake reportedly told the IRS that he endorsed Huckabee from the pulpit, and he apparently told the media that he plans to endorse a candidate from the pulpit as part of the Alliance Defense Fund's "Pulpit Initiative" on September 28, 2008.  Here's the relevant snippet from the story:

[I]n an interview with the Register, Drake said he told the IRS he backed Huckabee from the pulpit. But he made it clear it was his personal opinion and one not necessarily endorsed by the church. He reiterated that point during Sunday's sermon, saying he is free to give his opinion.

"I'm sorry folks, I live in America, not Russia or China," Drake said. He then added, "The pastor does not run the church. The people run the church."

Parishioner Joyce Ripley, 73, of Buena Park, said she was concerned the church might lose its non-profit status and Sunday's announcement was a "wonderful surprise." She said Drake or any church leader has the right to back a candidate as long as it is expressed as personal opinion and is not an instruction to the congregation to vote a certain way.

As for the IRS, Ripley said, "I think they are butting in where they don't have any business."

Drake said a group of pastors across the country plans to force the church-and-state issue on September 28, in a day of preaching and politics organized by the Alliance Defense Fund, a conservative religious-advocacy group that is representing Drake for free. Religious leaders will speak about politicians, he said.

"We will name names," Drake said during his sermon. "We will not let the IRS get away with this."

The complaint against Drake was filed with the IRS by Americans United for Separation of Church and State. An IRS letter dated Feb. 5 informed Drake that he was being investigated.

Americans United says use of the letterhead was a violation of IRS code - as was the radio show, since it is recorded at the church. Officials with Americans United were not immediately available for comment.

The controversy drew national media attention.

Drake previously made headlines when he called on supporters to pray against members of Americans United. He asked supporters to recite Psalms 109:1-31, which calls for God to strike down enemies and includes the lines, "Let his days be few," and "Let his children be fatherless."

I'll have more to say about this later.

Comments

[Terry Brooks]

This is grounds for Senator Grassley to investigate both the IRS and this church. The Bush administration has control of all departments of government and will not hesitate to use them for political purposes.

Somehow, I have the feeling that this abuse of government is about to come to an end. The signs of the times do not bode well for the religious right and those that would tear down the wall of sanity.

How sad these "Christians" stoop to cursing people.