President Obama

Obama now claims executive privilege

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This morning, moments before a House vote on Contempt of Congress by Eric Holder, the Attorney General, the White House announced that President Obama is invoking executive privilege. Holder requested the action in a letter to Obama.

He said making the documents public “would have significant, damaging consequences,” but he did not disclose whether Obama has been briefed or had another supervisory role in Fast and Furious.

This raises the question of whether there are Obama fingerprints on the policy. Some documents have been released and some others, including incriminating e-mails, have been leaked to the committee. So far, Obama’s name has not been found in the documents. His action will now raise suspicion and will force news media, that have minimized the scandal, to inform incredulous readers that it is a big deal after all.

Richard Nixon could have ignored the burglary of the DNC offices in 1972. We now know that nothing was found that would have tarnished his reputation. It was the coverup that damaged him fatally. The election is coming in 5 months. The Watergate story did not really break until after the 1972 election. This seems to be breaking much sooner and its effect on Obama’s chances are hard to predict. The coming Supreme Court decision on Obamacare may overshadow this story.

Sen. Chuck Grassley, ranking member of the Senate Judiciary Committee, asked how Obama could assert executive privilege “if there is no White House involvement?”

A spokesman for House Speaker John Boehner said Obama’s move “implies that White House officials were either involved in the ‘Fast and Furious’ operation or the cover-up that followed.”

“The administration has always insisted that wasn’t the case. Were they lying, or are they now bending the law to hide the truth?” Brendan Buck said.

It doesn’t sound like it is going to subside anytime soon. It will be interesting to see if more leaks appear. The White House leaks like a sieve and not all are Obama fans, it seems.

Powerline writes that It won’t prevent Holder form being held in contempt.

Whether these consequences and concerns form the basis for a valid assertion of executive privilege is another matter. I’m no expert on the subject, nor do I know all of the ins-and-outs of the dispute between Holder and Issa’s Committee. However, when Congress has a sound basis for believing that the Executive branch lied to it over material matters as part of a coverup in the course of a legitimate congressional oversight investigation, regard for a proper balance in the relationship between Congress and the Executive argues strongly in favor of enabling Congress to obtain all documents relevant to the coverup, including those generated during the process through which the cover-up is reasonably believed to have occurred.

It will be interesting and may affect the election.

National Review Online has a piece that may explain the program.

an e-mail sent on July 14, 2010. After the operation, former ATF field operations assistant director Mark Chait e-mailed Bill Newell, then ATF’s Phoenix special agent in charge of Fast and Furious, to suggest a possible way to use Fast and Furious:
Bill — can you see if these guns were all purchased from the same (licensed gun dealer) and at one time. We are looking at anecdotal cases to support a demand letter on long gun multiple sales. Thanks.

This “demand letter” refers to the push for a policy that would require U.S. gun shops in southwestern states to report the sale of several rifles or shotguns to a single buyer. According to CBS, “Demand Letter 3 was so named because it would be the third ATF program demanding gun dealers report tracing information.”

This may have begun as an attempt to require licenses for long guns.

Obama and amnesty

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On Friday, as is often the case, Obama announced a new executive policy to impose a two year moratorium on deportation of young illegals if they can show they were brought here as children and have finished high school with no encounters with the law. They must be under 30 and were brought here before age 16. He promised that citizenship was not included and did not mention if family members were affected. Janet Napolitano, head of Homeland Security announced that this was the new policy but there has been no confirmation of an executive order.

I don’t have a real problem with this policy but it avoids Congress and legislation, a problem that even Obama acknowledged last year. It is a transparent ploy to appeal for Latino votes. Everyone knows that.

It also will close an opening for compromise.

Obama’s decision probably reduces the likelihood that the scenarios of greatest concern to me will come to pass, especially if Obama is re-elected. Irate Republicans are even less likely than before to cooperate with the administration on this issue now that it has acted so high-handedly and in such a patently political manner. As Marco Rubio, who is planning to sponsor some sort of DREAM Act, said today, by imposing a new policy by executive order, Obama has made it harder in the long run to reach consensus on “comprehensive policy,” i.e., one that gives illegal immigrants additional benefits and a path to citizenship.

The attraction of the action taken by Obama may have been that it would trump a possible Republican compromise on this topic. Now, suspicion has grown that amnesty and voting rights are the next step. The use of executive order for such a change in policy has been attacked as illegal.

So what we have here is a president who is refusing to carry out federal law simply because he disagrees with Congress’s policy choices. That is an exercise of executive power that even the most stalwart defenders of an energetic executive — not to mention the Framers — cannot support.

Even Obama said the same a few months ago in explaining his then inaction. “I wish I could wave my magic wand,” Mr. Obama said. “Until Nancy Pelosi is speaker again… At the end of the day, I can’t do this all by myself. We’re going to have to get Congress to act. I know Nancy Pelosi’s ready to act. It’s time to stop playing politics.”

Well, playing politics is the order of the day and the Republicans should focus on the illegality of doing it by executive order and not on the policy, itself. With proper safeguards, the policy is a good idea although there may be backlash from semi-skilled unemployed who just got a million new competitors. Certainly the unemployment figures should now be adjusted for all the new legal job seekers.

The distraction of the Daily Caller reporter interrupting the president was an amusing sidelight. Had Obama demonstrated humor and a benign manner, it might have been a good moment for him. Instead, he showed anger and the incident will probably lead to more interruptions as it seems to be the only way to ask this president a question.

The Polish “gaffe.”

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The nation of Poland and hundreds of thousands of Polish-Americans were outraged when President Obama referred last week to “Polish Death Camps” in a speech awarding a medal of freedom to a Polish American named Jan Kozielewski who was smuggled into a death camp and brought evidence of the Holocaust to President Roosevelt. Evidence that was ignored.

There is a back story to this controversy that is only now starting to come out. In 2009, President Obama cancelled US missile sites that were intended to defend Poland and Czech Republic against Iranian missiles. The action was taken at the Russians’ request without even notifying the Polish government. That crisis began when the US promised to install such a missile site in 2008. After Obama took office, He cancelled the agreement without bothering to notify the Poles.

Subsequently, Walesa refused to meet with Obama when he was on a visit to Poland. He said,” ‘It’s difficult to tell journalists what you’d like to say to the president of a superpower. This time I won’t tell him, I won’t meet him, it doesn’t suit me,’ Walesa told news station TVN24.”

The European reaction was negative.

The president hadn’t even had a chance to redecorate the Oval Office before he felt the need, in fall of 2009, to appease Moscow by scrapping plans to build a missile defense shield protecting Poland and the Czech Republic from attack by Russia, Iran or any other aggressor.

At the time, the Polish minister of defense said, “This is catastrophic for Poland.”

The message, once again, delivered loud and clear to America’s friends, allies and enemies alike, is that the U.S. can’t be relied on.

This is what American voters get when they elect to the presidency an underexperienced man weighed down by an oversized ego.

Now, Obama, who has been shown to be a petty man,

got his revenge on Walesa by barring him from the ceremony.That was no gaffe. TelePrompTers don’t make gaffes.

Mommy track

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This photoshopped parody of a Newsweek cover is simply hilarious. Everyone knows that Obama’s sudden “conversion” to support of single sex marriage is pure fund raising pander. It might cost him some votes but black churches are unlikely to turn on him and the others who would be offended won’t be voting for him anyway.

The one beneficial effect is to instantly end the questions raised about evangelical support of the Morman candidate. Obama has consolidated Romney’s base for him in one statement.

Sorry. Couldn’t resist.

Why Obamacare is worse than understood by most and must be stopped.

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The Supreme Court will rule on the constitutionality of Obamacare this year. The arguments and the issue which got the most publicity was the individual mandate. I don’t actually care much about this although it may well violate the Constitution. There are far worse things in the legislation and they should be emphatically rejected by the Supreme Court. The worst of the issues is discussed in detail here. This is a really frightening piece of legislation and I cannot imagine that the Court will let it stand. Of course, given the absence of argument, the Court will have to find this hidden provision itself.

Perhaps nothing in the Obamacare legislation embodies the top-down, command-and-control nature of Progressive healthcare more than the Independent Payment Advisory Board (IPAB), a 15-member panel of “experts” to be appointed by the President. There are three particular features of the IPAB that illustrate this fact: The IPAB will control all healthcare spending, public and private. The IPAB has been awarded near-dictatorial power. And the IPAB is designed to be a nearly immutable entity.

How is this accomplished ?

Specifically, Section 10320 (in the Managers’ Amendments portion of the legislation) grants the IPAB, beginning in 2015, the authority to limit all healthcare expenditures, that is, all healthcare expenditures, and not just expenditures by Medicare or government-run programs.

To emphasize this expanded authority, Section 10320 changes the name of the “Independent Medicare Advisory Board” to the “Independent Payment Advisory Board.” It directs the IPAB, at least every two years, to “submit to Congress and the President recommendations to slow the growth in national health expenditures” for private healthcare programs. Furthermore, it designates that these “recommendations” may be implemented by the Secretary of HHS or other Federal agencies “administratively” (that is, without any action by Congress).

Thus the federal government can control, under penalty of criminal prosecution of doctors, private health care spending ! This goes well beyond Medicare and Medicaid. It will prevent, unless stopped, people from spending their own money on health care.

That is not the worst of it. The IPAB cannot be changed or repealed by Congress. This is unprecedented in US law. Even the ill-advised Prohibition Amendment, promoted as another moral obligation by progressives after World War I, could be repealed by another constitutional amendment.

A quick reading of Section 3403 might leave one with the impression that the IPAB is a sort of Mr. Rogers of healthcare a mild-mannered, friendly, always-helpful, but ultimately undemanding agent for good. This is the impression imparted by the first few paragraphs of the Section, which paint the new entity as an “advisory” board, whose main task is to develop “proposals” and “advisory reports,” which “proposals” and “advisory reports” would solely consist of various “recommendations,” that ought to be “considered” for the purpose of cost reduction.

Nothing could be further from the truth. This language is simply another example of supplying a new law, which is far more radical than the authors would like people to know, with a soothingly misleading introductory paragraph. The IPAB is actually designed to be as all-powerful as it’s possible to be.

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