Eight months into the new administration, it feels like an appropriate moment to make some observations on the threats we have discussed previously, to give another plug for the Defending Equity Initiative, and comment on some developments.

First, a personal note:  there have been a number of times over the past several months where I’ve been tempted to write, but ran into the question of “Why?”  There are very few opinions I have that are not shared by anyone who might realistically read our firm’s blog.  The fascism, the abject cruelty and racism on display in the city I live in and many others, the despair for democracy and the rule of law-- as a lawyer for progressive charities and foundations living in Los Angeles, I’ve ‘bubbled’ myself thoroughly enough that I’ve got nothing to say on those topics that everyone reading doesn’t already feel acutely.

It's a lot easier for me to write when I can find some things to disagree with people I respect about.   And maybe I’ve reached that point.

Most of our blog posts are for the benefit of nonprofits and the legal and accounting community that serve them. This is not one of those posts.

At this point, if you are not a billionaire*, we ask that you stop reading. No hard feelings — there will be more posts on UBIT, lobbying, and other fun tax-exemption issues for you soon. Come on back then. This is just a very special post for a special audience.

*We try to be as inclusive as possible here at MLC, so if your net worth is not yet over $1B but is at least many millions of dollars and you’re feeling bullish, we welcome you to stick around.

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Are we alone now? Great.

I want to talk to you about a special opportunity we have. Namely, one where you give our 501(c)(4) affiliate the entirety of your company, save yourself hundreds of millions of dollars in taxes, and dominate our political system from the grave in perpetuity. And get yourself fawning and misleading (in your favor!) coverage in major publications.

Sound good? Excellent, let’s continue…

Since reading The Lever and ProPublica’s excellent and essential joint piece, by Andrew Perez, Andy Kroll & Justin Elliott this morning, I have been wrestling with the best way to write about Barre Seid’s $1.6B gift to “The Marble Freedom Trust.” The Trust, a 501(c)(4), will be run by Leonard Leo, the co-chair of the Federalist Society who advised on the prior administration’s disfiguration of the judicial branch and is dedicated to various conservative and theocratic causes. 

I find the current state of affairs repugnant, and it is brutally depressing to see our country’s reactionary forces so thoroughly financed in perpetuity.  So, rather than try to organize a blog post, I will just free-associate…