‘Werewolf in sheep’s clothing’: Newly passed ‘nonprofit killer’ bill paves the way for Trump authoritarianism
A new bill on track for Senate approval places nonprofit organizations in danger and could help conservatives realize their dreams of a more authoritarian United States. The bill, dubbed “nonprofit killer” by critics, seeks to grant the Treasury Secretary unilateral control to target nonprofit groups and revoke their tax-exempt status.
Recently passed in the House, with a 219 to 184 vote, H.R. 6408 would serve as an amendment to Section 501(p) of the Internal Revenue Code (IRC) and create a separate category of “terrorist-supporting organizations.” Pursuant to the code, nonprofit groups deemed terrorist-supporting organizations would be stripped of their tax-exempt status.
However, there are major issues built into the language of the bill itself, which defines “terrorist-supporting organization” as “any organization designated by the Secretary of the Treasury as having provided material support to a terrorist organization in the prior three years.” With the ability to reclassify nonprofit organizations at the Treasury’s discretion, it’s not hard to picture this bill being implemented to punish and silence organizations who oppose the incoming Trump administration.
“This bill is an authoritarian play by Republicans to expand the sweeping powers of the executive branch, to go after political enemies and stifle political dissent,” Rep. Pramila Jayapal, the chair of the Congressional Progressive Caucus, argued before the House vote.
Though the bill initially failed to secure a two-thirds majority vote, Republicans were able to pass the bill with a simple majority this week after rushing it through committee. The bill cleared the House on Thursday, with disappointing support from 15 Democrats.
With Donald Trump’s second term starting in just a few weeks, this bill stands out as particularly concerning. Trump has been vocal about his desire to go after those he deems “disloyal,” so one can imagine how his administration could wield this bill.
“Authoritarianism is not born overnight. It creeps in,” Rep. Lloyd Doggett said before the vote. “A tyrant tightens his grip not just by seizing power, but when he demands new powers and those who can stop him willingly cede and bend to his will.”
A massive issue with this bill is that, unlike typical due process standards, the burden of proof is placed entirely on the nonprofit groups. The Treasury Secretary can categorize any organization as “terrorist-supporting,” without providing any evidence. It’s then up to the targeted nonprofits to disprove the classification. Even if an organization successfully overturns the terrorist-supporting label, significant damage will already have been done.
“Once this scarlet letter and the infamy of being designated a terrorist-supporting group are firmly affixed on the organization, the stigmatized can finally go to a judge,” Rep. Jamie Raskin explained. “But, incredibly, the legal burden is explicitly put on them to prove they are not a terrorist-supporting group—completely reversing the burden of due process which properly belongs to the government.”
Raskin said the bill is “a werewolf in sheep’s clothing,” and claimed, “a sixth grader would know this is unconstitutional.”
Much of the motivation behind the bill seems to come from a desire to silence organizations that are supportive of Palestine. On X (formerly Twitter), Republican Rep. Claudia Tenney praised the bill, calling for nonprofit groups to be “penalized for supporting violence & antisemitism.”
Trump’s comments and cabinet appointments in the weeks following the election haven’t quelled his critics’ concerns regarding the incoming president’s fascistic leanings. If this bill passes in the Senate, it could become one more weapon in Trump’s arsenal that he’ll use to stomp out dissent.
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