Earlier this week, I reported on the ongoing stonewall efforts by the Department of Homeland Security regarding any questions related to my PJ Media exclusive last month that DHS Advisory Council member Mohamed Elibiary had downloaded Texas Department of Public Safety reports from a sensitive DHS database and shopped those documents to at least one left-leaning media outlet claiming that Gov. Rick Perry was running an “Islamophobia” operation.
But while Janet Napolitano continues to stonewall questions about how, when, and why Elibiary was given access to this (including questions posed by my colleague Erick Stakelbeck of CBN News), I can report exclusively here that the organization that Elibiary founded and has operated and headed since 2002, the Plano, Texas-based Freedom and Justice Foundation, had its 501(c)3 tax-exempt status revoked by the IRS in May 2010 for failing to file the required annual IRS Form 990s.
According to the Texas IRS revocations posted on the IRS website, the Freedom and Justice Foundation had its tax-exempt status revoked on May 15, 2010. But even after that date, Elibiary’s organization continued to solicit tax-exempt donations on its website.
From a September 9, 2010, internet archive of the Freedom and Justice Foundation’s website we see that nearly four months after the IRS revocation, Elibiary had PayPal links for three separate projects under the Texas Islamic Council as part of a state-wide two-year effort to raise $250,000: a Muslim scholarship fund, media campaigns, and interfaith community relations. The Texas Islamic Council operates as a DBA of the Freedom and Justice Foundation. At the bottom of the page is a separate button with the words: “Support Our work via a tax-deductible donation!” Each of those four PayPal links is still active and workable…
…How did Elibiary obtain and keep a security clearance when he refused for nearly a decade to reveal his organization’s sources of income to the federal government? This is especially problematic considering he needed that clearance for his work with the FBI, the National Counterterrorism Center, and the Office of the Director of National Intelligence.
The Freedom and Justice Foundation’s tax-exempt status was revoked in May 2010. Elibiary was not appointed to the Homeland Security Advisory Council until October 15, 2010 — more than five months later. When DHS Secretary Janet Napolitano was questioned by Rep. Louie Gohmert (R-TX01) about Elibiary before a House Judiciary Committee hearing last month, she said that all members of the Advisory Council eventually get secret clearances.
But how was Mohamed Elibiary able to pass the clearance process when his organization had already had its tax-exempt status revoked? More than 45 percent of all security clearance denials are for financial reasons, and many of those are for much more trivial reasons than this instance. Did Elibiary report his group’s tax-exempt revocation by the IRS for his security clearance investigation? If not, why is he still serving with these government agencies and why does he still have his security clearance? If he did report it, how did he get his clearance approved and who approved it? Was there outside intervention at all to help him obtain his clearance? What is the status of his clearance following the HS SLIC leak allegations? And what are the implications of Elibiary continuing to raise money from the Freedom and Justice Foundation website when its tax-exempt status has long since been revoked?
These are all questions that any investigation should look into, but as I reported earlier this week, despite the direct request by TX DPS Director Steve McCraw for an investigation into the allegations of Elibiary’s leaks, one DHS official told me that not only is no such investigation underway, but Secretary Napolitano will make sure that there never is. If that’s the case, Congress clearly needs to step in.