Politically Motivated Attacks Revisited

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: