ROTG137 Politically Motivated Attacks Revisited

Nonprofit advocates face a complex environment in 2025 where political disagreements routinely escalate into targeted attacks—ranging from carefully crafted misinformation to more extreme tactics like organizational funding cuts, subpoenas, and personal targeting. This episode explores the emerging challenges advocates encounter, offering insights into recognizing, preparing for, and navigating these increasingly sophisticated forms of political pushback.

Attorneys for this Episode

Brittany Hacker

Tim Mooney

Quyen Tu

Evolution of Political Attacks

This isn't the first time we've covered this topic—we discussed it back in earlier episodes when attacks primarily came from private organizations and non-governmental entities like Project Veritas. What's changed is the increasing use of official government investigative authority against tax-exempt organizations, including:

Current Landscape: Government Investigations & Bad Faith Actors

• Executive Orders from the Trump administration
• Universities under attack and scrutiny
• Government agencies: Department of Government Efficiency (DOGE)
• State Attorneys General investigations (particularly from those seeking higher office)
• New techniques utilizing official power with minimal basis for investigation

The key challenge: These officials have great investigative power and can exercise it with the slimmest basis, using bad faith political attacks against organizations doing good community work they simply disagree with.

Examples of Great Advocacy in Response

Despite these attacks, many nonprofits have stepped up their advocacy:

Challenging the administration in court

• Almost every executive order has faced legal challenges
• Many nonprofits have teamed up for court cases
• Some challenges have been successful, others ongoing

Calling out attacks for what they are

• Naming attacks as politically motivated and in bad faith
• Pointing out reliance on dubious information
• This approach has met with significant success

Solidarity in numbers

• Some law firms and universities initially settled with the administration
• Others joined together and refused to settle or capitulate
• Finding strength in solidarity and continuing their missions

Funder support stepped up

• Funders creating new short-term grants
• Establishing legal defense funds
• Providing pro bono services for nonprofits
• Some funders publicly increased funding; others acted quietly but effectively

Being Prepared: Your Best Defense

Legal and Administrative Compliance

The best defense is ensuring full compliance with all applicable laws so you can advocate with confidence.

Advocacy Check-Up Tool: Our nonprofit self-assessment (13-page document available free on our website)

• Identifies opportunities to enhance compliance with tax, lobbying, election, and other laws
• Provides starting place to assess existing systems
• Helps prepare for attorney meetings with specific checklist items

Key compliance areas to review:

• How your 501(c)(3) remains nonpartisan
• Staying within lobbying limits for C3 public charities
• Ensuring all reporting is current (IRS, FEC, local ethics commissions)
• Checking insurance coverage (directors & officers, liability)
• Board setup and bylaw compliance
• Document management: Store foundational documents electronically in the cloud

Maintain excellent records: Clear, accurate documentation to easily prove legal compliance when needed

Organizational Readiness and Communications Planning

Beyond legal compliance, you need comprehensive preparation:

• Identify vulnerabilities: What might attackers say about your work?
• Communications strategy: Have a plan for public response
• Election season policy: Clear guidelines for staff activities
• Document retention policy: Know what to keep and for how long
• Staff training: Especially public-facing staff and volunteers
• Train them to recognize unusual questions outside normal scope
• Establish "odd question point person" to defer to
• Response protocols: Know what to do if attacked
• Legal counsel: Have a lawyer you can call or know who to contact

Most Important: Don't Self-Censor

Remember these are bad faith attacks. You aren't doing anything wrong. They're trying to:

• Separate you from your funders
• Separate you from your supporters
• Make you stop your advocacy work
• Avoid engaging on the substance of your work

Don't fall for the trap of stopping your advocacy just because they claim you're doing something wrong. If your compliance is solid and you have a communications plan, you've likely done nothing wrong—keep doing your important work.

If You Are Attacked: Response Strategy

Initial Response: Don't Overreact

• Reassure everyone: Staff, board, key supporters that you have a plan and are executing it
• Share with allies: Touch base with coalitions and peer organizations
• Attacks often target multiple similar organizations
• Share what you're experiencing and your response plans
• Ask for help: Learn from others who've been through this; consult funders and foundations

Fact-Finding and Gap Analysis

• Get clear on accusations: What specifically are they claiming?
• Assess the facts: What do you know vs. don't know?
• Close any gaps: You don't have to be perfect
• Retrain staff if needed
• Amend reports if necessary
• Address any legitimate compliance issues

Response Protocol for Official Investigations

When facing government actors:

• Request identification and documentation: Ensure it's a legitimate governmental agency with authority (warrant/subpoena)
• Preserve all evidence: Don't destroy documents, emails, or other records
• Don't obstruct government action but monitor their work (like supervising a contractor in your house)
• Protect privileged information: Seek legal advice on confidential/privileged materials
• Designate spokesperson: One staff member communicates with government actors and public to avoid conflicting messages

Legal Support and Defense

• Seek counsel for preparation: Some aspects you can handle alone, others need legal guidance
• Retain counsel for formal responses: Essential for official investigations
• Investigate legal defense funds: If budget is tight, these are increasingly available

Staying on Offense: Reframe the Narrative

With a good plan in place, you can be on offense instead of defense:

• Call political attacks what they are
• Feel confident in your legal compliance
• Ensure staff feel safe and confident by sharing/reviewing your plan
• Continue your great advocacy work because you're in compliance with laws

Special Thanks to Funders

Shout out to funders who have stepped up during these attacks:

• Some have been very public about increasing funding
• Many have acted quietly without spotlight
• Both approaches are important and appreciated
• Creating new funding mechanisms and legal defense funds

Resources

Advocacy Check-Up: Nonprofit Self-Assessment

Essential Strategies for Navigating Government Inquiries (Perkins Coie)

Search Warrants: Dos and Don'ts (Perkins Coie)

Sample 501(c)(3) Policy for Election Season

Election Activities of Individuals Associated with 501(c)(3)s

Practical Guidance Series: Lobbying

Practical Guidance Series: Nonprofit Voter Assistance

On-Demand Training: Preparing for Politically Motivated Attacks