Tag Archives: Tyranny

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Thirteen cases where the Obama administration has acted outside the law

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This is the most popular article on Investors Business Daily.

Excerpt:

  1. Aug. 14, 2013: The Obama administration delayed the provision in ObamaCare to cap out-of-pocket health care costs, picking and choosing parts of the law to enforce, which is to exceed its authority.
  2. July 17, 2013: The 4th Circuit Court of Appeals joined the federal appeals courts in D.C. and Philadelphia in ruling President Obama’s National Labor Relations Board recess appointments — who by law must be approved by Congress — were unconstitutional. Thus far, the president has ignored the ruling.
  3. July 1, 2013: The Obama administration unilaterally decided to delay the employer mandate provision of ObamaCare for a year, which is to provide information to the feds about the extent of an applicant’s insurance. Never mind that the law states the mandate must go into effect on Jan. 1, 2014 — they are now relying on the “honor system” from applicants to determine if they are qualified for subsidies.
  4. June 25, 2013: The Supreme Court ruled in Shelby County v. Eric Holder that Section 4 of the Voting Rights Act is “unconstitutional” and that “the formula can no longer be used as a basis for subjecting jurisdiction to preclearance.” Instead of complying with the ruling, Holder filed suit to order Texas to submit to preclearance, in defiance of Congress’ authority to legislate and the Supreme Court’s authority to rule on the constitutionality of the law.
  5. June 15, 2012: The Obama administration announced it will stop deporting illegal immigrants under the age of 30 in a “deferred action” policy to circumvent immigration laws. This comes after Congress rejected a similar measure about a year ago. Since then, more than 500,000 illegals have received the deferment and only 20,000 have been rejected. As for the law-abiding applicants who have been waiting in line, well, that’s Obama’s idea of “lawfulness.”
  6. May 20, 2013: A Washington Post article revealed that Fox News reporter James Rosen was investigated by the DOJ, which subpoenaed his phone records and emails in direct contravention of the First Amendment under the pretense of a leak investigation.
  7. May 13, 2013: AP reported the DOJ secretly collected phone records of AP reporters and editors, a move completely outside the realm of law. Even the AP — which up until then had been pretty submissive to the Obama agenda — was appalled by the breach.
  8. May 10, 2013: The IRS revealed it targeted conservative groups applying for tax-exempt status beginning in March 2010, a direct targeting of political opponents through the tax laws. It’s one of the crimes that led Congress to impeach President Nixon.
  9. May 3, 2011: When asked when he first heard of Operation Fast and Furious, Attorney General Eric Holder falsely testified, “I’m not sure of the exact date, but I probably heard about Fast and Furious for the first time over the last few weeks.” Head of the National Drug Intelligence Center Michael Walther told Holder about Fast and Furious in a July 2010 memo. Subsequent revelations showed he knew all along.
  10. March 27, 2012: EPA issued final rules regulating greenhouse gas emissions on electric utilities that require power plants to use nonexisting carbon capture-and-control technology to meet new emission standards, in defiance of the Congress’ rejection of cap-and-trade legislation.
  11. April 23, 2012: The administration postponed Medicare Advantage cuts by calling them a “demonstration project” and used funds not approved by Congress to delay effects of those cuts before the election.
  12. March 1, 2011: Attorney General Holder lied to Congress, saying “decisions made in the New Black Panther Party case were made by career attorneys in the department.” Associate A.G. Thomas Perrelli, an Obama political appointee, overruled a unanimous recommendation for prosecution by DOJ attorneys.
  13. Feb. 3, 2010: Judge Martin Feldman held the Obama administration in contempt for re-imposing an offshore drilling moratorium that was struck down by the courts.

Thomas Sowell talks about the political left in his books “The Vision of the Anointed” and “A Conflict of Visions”. He presents the view that the left believes that they are the “anointed”. They are morally superior, and therefore they do not have to care about the rule of law or consequences or the criticisms of the opposition, when they are implementing their policies. When the policies fail, they never blame themselves, they just go outside the law even more. You can see this in socialist regimes in other times and places. It can never be the case that the schemes of the anointed are wrong-headed. The solution is always to act more and more lawlessly, and to silence, coerce and purge all opposition until the policies work.

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What the death of Prop 8 means for democracy and the rule of law

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ECM messaged me about this post from the Public Discourse. The author is the person who managed to get a constitutional amendment defining marriage in California, only to see if defeated three times by judges.

Federal judge was in a gay relationship:

The Prop 8 challenge landed in the San Francisco federal courtroom of Vaughn Walker. We’re supposed to accept that this happened randomly, and that the plaintiffs weren’t tipped off by someone in the court system to file the case at a particular time when Judge Walker happened to be the one who’d get it.

Whether by accident or grand design, it was a fortunate assignment for the plaintiffs. Walker was a judge in a long-term committed relationship with another man—in other words, he was in exactly the type of relationship as the plaintiffs who were bringing suit. Walker never disclosed this critical fact to Prop 8 supporters, or to the public, despite judicial rules requiring such disclosure if even the appearance of impropriety was present.

Private citizens have to defend the law of the land:

While the lawsuit stood before a hometown judge, state officials did everything in their power to throw the case. Both then-Governor Arnold Schwarzenegger and then-Attorney General Jerry Brown refused to defend the law enacted by the people of California, despite their sworn oath of office to do so. The current Attorney General, Kamala Harris, dutifully took the same course.

Of course, the constitution of California does not give to the governor or the attorney general the power to decide for themselves which laws are constitutional and which are not, nor are they free to determine which laws shall be defended and which shall be abandoned. But no matter.

Having orphaned Prop 8, leaving it and the seven million citizens who enacted it defenseless in court, it fell to the backers of the initiative to defend the law in the federal courts. This not only cost the supporters of Prop 8 over $10 million in legal expenses; it ultimately put a sleeper hold on the initiative.

Ninth Circuit Court of Appeals:

Next the case headed to the Ninth Circuit Court of Appeals, where it became the province of a panel including Stephen Reinhardt, senior judge of the circuit and widely considered to be one of the most liberal (and most overturned) judges in America. I frankly never expected much relief out of what many conservatives ruefully refer to as the “Ninth Circus.” But even I was surprised by the chicanery involved in Reinhardt’s handling of the case.

It turns out that his wife, an attorney with the ACLU, had advised the plaintiffs’ lawyers on strategy before this very case was even filed! Reinhardt refused to recuse himself from deciding the case his wife had participated in, and went on to write a majority opinion finding that Prop 8 was unconstitutional.

And then on the Supreme Court, and we know how that ended.

The conclusion of the piece is very moving, but saddening too.

Here’s part of it:

I feel like we were cheated. Just like I felt as a kid watching the bad guy put a sleeper hold on his opponent, or hitting him below the belt or with the brass knuckles while the referee had his back turned, so have the legal system and politicians cold-cocked the people of California—seven million of whom went to the polls to lawfully enact Prop 8. Only this time, I realize there’s not likely to be a rematch. The cheaters won.

I feel like the rule of law has been shredded, and conniving politicians have been rewarded for ignoring their sworn oath of office. Public confidence in the judicial system has been dealt a severe blow. Supporters of same-sex “marriage” may be happy with the result today, but hold on until the tables are turned and a conservative governor and attorney general refuse to defend a law they don’t personally support, and there’s nobody left with standing to defend it. The seeds of that action will have been sown by leftist politicians like Brown, Harris, and Schwarzenegger.

I feel like a broadside has ripped a great hole in the initiative and referendum process itself. I have managed nearly forty statewide ballot initiative campaigns in my career. The initiative process is one of the few viable ways to get a recalcitrant government to respond to legitimate issues that are not being addressed by the legislature or the state administration. By its nature, citizens are often pushing a law that is opposed by those in power.

Now those very people in power—the governor and attorney general—have been given a pocket veto over the initiative process itself. They can invalidate any measure they don’t personally support simply by refusing to defend it in federal court. Such power was never contemplated by the framers of the constitution, or by the people of California, but that is the practical result of the Supreme Court’s ruling on Prop 8. Again—it is marriage today, but tomorrow it could be any other issue on the political spectrum.

I feel a measure of sadness for all the people who worked so hard for something they believed so passionately—a belief shared by millions of people. Campaigns are about ideas and laws, certainly, but they involve real people.

So I think about people like Scott Eckern, a distinguished musical producer, who was forced to resign from the California Musical Theater in Sacramento over his $1,000 contribution in support of Prop 8. I think about Marjorie Christofferson, a then-67-year-old employee at her family-owned Mexican restaurant in Los Angeles, who was forced to take a leave from the business over donating a mere $100 to our campaign.

I think about the 80,000 people just like them—moms and dads, retirees, students, husbands and wives—who gave generously of their financial resources to allow us to mount a winning campaign. I think about all the pastors, priests, bishops, rabbis, imams, and other religious leaders who put their religious differences aside to work together in support of the eternal truth about marriage—that it is a covenant between one man and one woman, modeled after God’s own covenant with us.

And I think about the 250,000 volunteers in our campaign who walked precincts, knocked on doors, and manned phone banks, including Jose Nunez, a proud immigrant and newly sworn-in US citizen, who was physically assaulted by a Prop 8 opponent while waiting to distribute signs outside his Catholic church.

All of these people paid a tremendous price. They, and the voters, deserved better than to be left undefended before the legal system, abandoned by those sworn to defend them, ignored by judges determined to impose a particular result, and then orphaned by the Supreme Court as the great referee pretended not to see all the nefarious activity going on with the case right in front of them.

I still haven’t really gotten my head around all of the unfairness that happened with the defeat of Prop 8 by leftist lawyers and judges. How can it be that elected officials refuse to defend the law of the land? But this is not just a California issue. The Obama administration also refused to defend DOMA in court.  The amount of money and time that was spent in vain by the pro-marriage team on these legal efforts makes me very unhappy. The Prop 8 campaign involved millions of dollars, thousands of volunteers, and enormous amounts of time spent by everyone. Conservatives can’t take on these Herculean tasks and keep losing. The money and time we spent on defending marriage is gone once it’s gone. It can’t be spent a second time on something else.

We are already living in a time where over 40% of children are being born out-of-wedlock – facing the world without their father, because women choose to take welfare instead of marrying a good man before getting pregnant. We are already living in a world where over 40% of first-time marriages end in divorce, thanks to no-fault divorce laws and anti-male divorce courts. Gay marriage just makes it worse, and that’s the real tragedy. The family is dying, and no one seems to care. No one seems to be aware of the purpose of marriage for society. They are so busy smashing it down that they never stop to ask why it was there in the first place.

News

DOJ won’t prosecute government officials for unauthorized access of tax records

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The Washington Times reports on a story of government tyranny.

Excerpt:

A government watchdog has found for the first time that confidential tax records of several political candidates and campaign donors were improperly scrutinized by government officials, but the Justice Department has declined to prosecute any of the cases.

Its investigators also are probing two allegations that the Internal Revenue Service “targeted for audit candidates for public office,” the Treasury’s inspector general for tax administration, J. Russell George, has privately told Sen. Chuck Grassley.

In a written response to a request by Mr. Grassley, the ranking Republican on the Judiciary Committee, Mr. George said a review turned up four cases since 2006 in which unidentified government officials took part in “unauthorized access or disclosure of tax records of political donors or candidates,” including one case he described as “willful.” In four additional cases, Mr. George said, allegations of improper access ofIRS records were not substantiated by the evidence.

Mr. Grassley has asked Attorney General Eric H. Holder Jr. to explain why the Justice Department chose not to prosecute any of the cases. The Iowa Republican told The Washington Times that the IRS “is required to act with neutrality and professionalism, not political bias.”

[…]“The Justice Department should answer completely and not hide behind taxpayer confidentiality laws to avoid accountability for its decision not to prosecute a violation of taxpayer confidentiality laws,” Mr. Grassley told The Times. “With the IRS on the hot seat over targeting certain political groups, it’s particularly troubling to learn about ‘willful unauthorized access’ of tax records involving individuals who were candidates for office or political donors. The public needs to know whether the decision not to prosecute these violations was politically motivated and whether the individuals responsible were held accountable in any other way.”

But do you know who the Department of Justice will prosecute, after he’s been found innocent in a trial that should never even have occurred? George Zimmerman. It doesn’t matter if he’s innocent, he has to be persecuted to make a point. Meanwhile, the real criminals in the IRS get a pass from the real criminals in the Department of Justice.

The latest news from the leftist Washington Post on the IRS scandal is that it is now confirmed that the targeting of conservatives was not the work of a few low-level employees in Cincinnati.

Excerpt:

The chief counsel’s office for the Internal Revenue Service, headed by a political appointee of President Obama, helped develop the agency’s problematic guidelines for reviewing “tea party” cases, according to a top IRS attorney.

In interviews with congressional investigators, IRS lawyer Carter Hull said his superiors told him that the chief counsel’s office, led by William Wilkins, would need to review some of the first applications the agency screened for additional scrutiny because of potential political activity.

Previous accounts from IRS employees had shown that Washington IRS officials were involved in the controversy, but Hull’s comments represent the closest connection to the White House to date.

Oh, but I’m sure that the Obama administration is doing everything possible to bring the criminals (themselves) to justice. In between smuggling arms to Mexican drug cartels and covering up Benghazi, I mean.

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