More than a month ago, Congress passed a bill designed to protect taxpayers from funding the Association of Community Organizations for Reform Now. The left-wing activist group, which has received at leastt $53 million in government funds since 1994, is notorious for submitting fraudulent voter registrations and for allegedly commingling the finances of its nonprofit and political arms. More recently, a series of undercover videotapes caught ACORN employees abetting fraud and underage sex-trafficking.

Despite ACORN’s misfeasance, the Department of Justice has issued a legal opinion suggesting that the group can continue to receive taxpayer money despite the new law. Justice’s memo, written in mid-October but quietly released over Thanksgiving, came in response to inquiries by the Department of Housing and Urban Development. It argues that Congress’ ban on taxpayer money being “provided to” ACORN does not apply to HUD’s existing contracts with the group.