Category: Congress

Congress, Courts, Criminal law, Free Speech, International, Justice, Lawyering, Military, Politics, Religion

9/11 and the Saudis and State Secrecy

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Respectfully submitted by Lawrence E. Rafferty (rafflaw) Weekend Contributor

In light of the recently observed 13th anniversary of the events on 9/11/01, I read an article this week that caught my eye.  According to reports, there is a 28 page section of the 9/11 Commission report that has never been released publicly and remains secret to this day.  Indeed, Congressmen must go through numerous security reviews before they can read the document in a secure room in Washington, D.C.

What kind of secret and clandestine information can be found in such a guarded document?  Since it is top-secret, we can only go by the reviews of people who have read the report.  What is found in that report may surprise you in light of its level of secrecy. Continue reading “9/11 and the Saudis and State Secrecy” →

Congress, Constitutional Law, Media, Politics, Society

New Columbia: Congress Considers The Creation of America’s First City-State

260px-capitol_building_full_viewOn Monday, the Senate will hold a hearing in the Senate Committee on Homeland Security and Governmental Affairs on entering a new state into the Union: New Columbia. I was asked if I could testify on S. 132 since I have written a long academic publication on the status of the District of Columbia and testified at the prior hearings on allowing for voting representation of District residents. See Jonathan Turley, Too Clever By Half: The Partial Representation of the District of Columbia in the House of Representatives, 76 George Washington University Law Review 305-374 (2008). Unfortunately, the hearing was moved to the afternoon on Monday, which made it impossible because I have to be in Newport News on Monday for a long-planned debate with John Yoo on presidential powers. Accordingly, I had to reluctantly decline. I have great respect and sympathy for those trying to secure a vote for the District residents. I have previously suggested different means to accomplish that end. However, before Congress embraces the path to statehood, it should give the original concerns of the Framers (and some new ones) full consideration.

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Congress, Constitutional Law, International, Military, Politics, Society

Obama: I Do Not Need Congressional Approval To Go To War With ISIS

President_Barack_Obama220px-B-2_spirit_bombingPresident Obama is again asserting his right to act unilaterally and without congressional approval in going to war. In what has become a mantra for this Administration, Obama reportedly told members of Congress that he does not need congressional approval to unleash a comprehensive military campaign against the Islamic State. The President informed a few members at a dinner — a striking image of how low congressional authority has become in our tripartite system of government.

Continue reading “Obama: I Do Not Need Congressional Approval To Go To War With ISIS” →

Congress, Politics, Society, Uncategorized

Obama Administration To Spend $1.7 Billion On Healthcare.gov

220px-US-DeptOfHHS-Logo.svgThe latest figures are in on the seemingly bottomless hole that is healthcare.gov, the troubled federal insurance marketplace web site. By any measure, the Obama Administration was grossly negligent in the creation of the system, which ultimately failed on its rollout despite numerous warnings of substandard work, overruns, and major technical problems. It appears that we are not done with bill for the program. A new Inspector General report stated that the Obama Administration issued sixty contracts from 2009 to 2014 to build Healthcare.gov, which had already cost roughly a half a billion dollars by February 2014. However, the Administration has signed new contracts that obligate the taxpayer to cover an addition $300 million, and the estimated value of the sixty contracts totals $1.7 billion. Despite numerous accounts and reports on the mismanagement of this program, there appears to be little real effort to hold anyone accountable as we continue to pour hundreds of millions into this system. The contracts include money to CGI Federal, the well-connected company that was partially response for the disaster in October as well as other controversies in large contracts.

Continue reading “Obama Administration To Spend $1.7 Billion On Healthcare.gov” →

Congress, Science, Society, Uncategorized

The FAA vs. Model Airplanes

By Charlton Stanley, weekend writer

FAA logoAlmost everyone likes model airplanes. Kids and adults have been building model flying machines for centuries. In fact, the Wright brothers experimented with model helicopters as well as fixed wing airplanes. I built my first model when I was nine years old. It was a Guillow’s kit of a Grumman TBF Avenger, the same plane flown by Lt. George H. W. Bush during WW-2. It is amazing to me the same kit is still in production, although a bit more pricey than when my dad bought mine.

When Congress passed the FAA Modernization and Reform Act of 2012, they carved out an exemption for model airplanes and aeromodeling in general. As passed by Congress, §336 prohibits the FAA from promulgating any new rule or regulation regarding model aircraft, or an aircraft being developed as a model aircraft …” The law does specify that certain requirements must be met for an aircraft to qualify as a model airplane. However, that did not deter the FAA in its quest to amass more power over anything that can get off the ground higher than the Administrator can jump. After all, the space between the trees in your backyard, the local park, or your model flying club IS airspace, and they see their job as controlling airspace, dammit! All of it.

Continue reading “The FAA vs. Model Airplanes” →

Congress, Free Speech, International, Justice, Lawyering, Politics, Society, Uncategorized

Economic Patriotism or Treason?

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Respectfully submitted by Lawrence E. Rafferty (rafflaw)- Weekend Contributor

We have read in recent weeks and months about the continued movement of corporate profits by US corporations to their overseas subsidiaries in order to avoid paying taxes here on those profits.  Walgreens almost went that route recently but they decided to not do what is called an “inversion” to avoid taxes.  At least for now.

You may be wondering what the picture is all about.  The building in the attached photo is one of the main buildings on the Microsoft campus in Redmond, Washington.  And Microsoft has also been busy working on their taxes.

Microsoft, made news recently, by admitting that they have stashed $92 Billion dollars overseas in an attempt to avoid paying $29 Billions in taxes!  While Microsoft has not officially “inverted” its profits, they have done the next best thing.

Many large US corporations have complained that they have to move profits overseas because they cannot be competitive in the world market without a lower tax base.  Just how true is that claim? Continue reading “Economic Patriotism or Treason?” →

Congress, Constitutional Law, Politics, Society

GAO: Obama Violated Federal Law in Bergdahl Swap

President_Barack_Obama305px-USA_PFC_BoweBergdahl_ACU_CroppedThe Government Accountability Office has rendered a decision on the actions of the Obama Administration in swapping five Taliban leaders for Army Sgt. Bowe Bergdahl earlier this year. At the time on CNN and other forums, I noted that President Obama had again openly violated federal law which requires at least 30 days of advance notice in such a change. The GAO agreed and found that the Administration clearly violated federal law. I recently testified (here and here and here and here) and wrote a column on President Obama’s increasing circumvention of Congress in negating or suspending U.S. laws. As in past cases, defenders of the President insist that any violation was done for the best of reasons, but that is a dangerous rationalization for any violation of law. Presidents always insist that they are acting with the best of motivations when they violate laws. We remain a nation of laws and presidents do not have the option of not complying when the laws are inconvenient or counterproductive. Notably, it was not just one law that President Obama violated in taking this unilateral action.

Continue reading “GAO: Obama Violated Federal Law in Bergdahl Swap” →

Bizarre, Congress, Constitutional Law, Media, Politics, Society

Gonzales Defends Obama’s Use Of Executive Power

225px-alberto_gonzales_-_official_doj_photographPresident_Barack_ObamaFirst there is the record low polls of his popularity. Then there is the growing independent view that there is no chance that the Democrats can retake the House and that the GOP could not only gain seats in the House but retake the Senate. However, nothing likely prepared President Barack Obama for this. His controversial use of unilateral authority has been defended by . . . former Attorney General Alberto Gonzales. You may recall Gonzales who was so vilified for his politicalization of the Justice Department and blind support of executive power that he had a difficult time even landing a job. The Gonzales defense is part of a bizarre new world of Democratic politics. Democratic members of Congress recently lined up to quote Associate Justice Antonin Scalia for his restrictive views on standing — a view that has been used to bar public interest organizations in environmental and civil liberties cases. The Obama Administration now routinely pitches appeals to the four most conservative members of the Supreme Court on presidential powers and the most vocal supporters of the President’s use of virtually unchecked power is coming from former Bush officials. Such is the inversive world in which we live. The Democrats have largely abandoned traditional values tied to civil liberties, war powers, privacy, and other core issues in favor of supporting Obama. The result is that you find yourself left with Alberto Gonzales as your pro bono counsel.

Continue reading “Gonzales Defends Obama’s Use Of Executive Power” →

Congress, Politics, Society

Hillary Clinton Criticizes Obama’s Foreign Policies

225px-Hillary_Clinton_official_Secretary_of_State_portrait_cropPresident_Barack_ObamaHillary Clinton seems to have found a way to get people from moving beyond her disastrous “dead broke” claims, but not in a way that is likely to please those voters tired of wars and military interventions. Clinton used an interview this week to criticize the “failure” of President Obama’s policies in Syria and to insist that she wanted a more interventionist military approach. President Obama was quoted responding to such criticism by calling it “horseshit.” It seemed a return to the 2008 election where Clinton campaigned on her hawk credentials in the Iraq and Afghanistan wars — a mistake for many Democratic and independent voters. Recently, she changed her mind and said that the Iraq War was a mistake despite her refusal to listen to a chorus of critics of the war at the time when it was a popular political move. Despite that change, Clinton is suggesting that she would have armed the Syrian rebels and acted more aggressively to stop the Islamic State.

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Congress, Criminal law, Politics, Society

CRS: Congress Added 439 New Crimes Between 2008 to 2013

PrisonCellThe Congressional Research Service (CRS) has issued a report that informed Congress that it has created 439 new criminal offenses between 2008 and 2013. This staggering figure gives a glimpse into the rapid criminalization of America where there are, by some estimates, around 4,500 federal offenses alone and tens of thousands of more on the state and federal levels. Politicians continue to add crimes, which tend to be popular with voters and do not require immediate budget demands (though they add huge costs not just in enforcement but the costs of citizens themselves in being pulled into the criminal justice system).

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Congress, Constitutional Law, Courts, Criminal law, Justice, Lawyering, Media, Politics, Society

Bank of America Escapes Jail… Again

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Respectfully submitted by Lawrence E. Rafferty (rafflaw)-Weekend Contributor

It seems that a week doesn’t go by without news of the latest Big Bank agreeing to pay billions in a settlement with the government over their past and continuing abuses concerning mortgages.  This past week was no exception.

“Preliminary reports say that a $16 to $17 billion settlement will soon be announced between the Justice Department and Bank of America. That would break the record for the largest bank settlement in history, set less than a year ago by a $13 billion agreement between Justice and JPMorgan Chase.” Crooks and Liars

Sixteen billion dollars is not chickenfeed!  However, as we have learned in the many past settlements, the dollar amounts can be a little deceiving.  Continue reading “Bank of America Escapes Jail… Again” →

Bizarre, Congress, Politics, Society

The Edible Weiner: Too Much To Swallow?

By Mark Esposito, Weekend Contributor

Disgraced Ex-Congressman Anthony Weiner is giving back  in a big way — or so he claims.  Fresh off a recent loss in New York City’s municipal elections, Weiner held the lead among Democratic mayoral  hopefuls until  disturbing texts with a decidedly lewd overtone were released by a 22-year-old woman he met online. Other women came forward to sink the Weiner warship but Weiner vowed to remain in politics and be active in the community despite another public humiliation for him and his wife, Huma Abedin, a former Hillary Clinton aide.

And alas, now he’s got an idea to rehabilitate his reputation and Rockaway, Queens, a neighborhood that was devastated by Hurricane Sandy in 2012. Beset by rebuilding delays and high unemployment, Weiner proposes a new restaurant with a social conscience in the still reeling community. The Rockaway Restoration Kitchen is months away from it’s first fryer drop but Weiner plans to open the business and employ persons with substance abuse and criminal issues. He also wants to help the diet of the neighborhood, he claims. Rockaway, says Weiner,  is a “food desert” dominated by fast food chains and pizzerias.  “We want to do something sustainable for the community, while also providing healthy, local food options for the Rockaway population.”

Continue reading “The Edible Weiner: Too Much To Swallow?” →

Bizarre, Congress, Military, Politics

Speaker John Boehner Was “For” Obama’s Iraq Policy Before He Claimed There Wasn’t One

By Mark Esposito, Weekend Contributor

oehnerobamaOne of the ways we decide how sincere a witness is down at the courthouse is seeing what he said about a topic before there was anything  really at stake and comparing that to what he’s saying now. Watching the scandalous political corruption trial here in Richmond for the past few days, I’ve seen plenty of “I said one thing then, but I’m saying something else now” from the various witnesses taking the stand. Take Governor Bob McDonnell’s friend and stockbroker, John Piscitelli, who upon being asked about a particular sleazy scheme to avoid the state’s gift disclosure laws –cooked up apparently by Virginia’s First Lady — answered that he was not “uncomfortable” with the deal. When his prior grand jury testimony was pushed in his face, the securities peddler cleared his throat, straightened his tie, looked around, and then remembered that , lo and behold, the aborted deal to dump stock right before the disclosure deadline and then buy it back did indeed make him feel ” uncomfortable.” Wonderful thing, a trial.

Pity we can’t put politicians on trial simply for being politicians — especially those who are simply flitting around the flame of geopolitical power hoping to catch it for themselves. Take House Speaker and Republican Party leader John Boehner, for example. The burgeoning crisis in northern Iraq caused by the jihadist crazed theocrats of ISIS has come front and center to the world stage. Crashing in from Syria, the fundamentalists, dedicated to establishing a new world order based on a universal muslim caliphate governed by sharia law, have rounded up non-muslim Iraqis, forced them to convert to Islam, and then quite ceremoniously beheaded them or when the swords got too dull, simply stolen their possessions and run the “infidels” into to the mountains. A direct by-product of the unnecessary War in Iraq II by Bush II, the teetering country is now firmly ensconced in civil war with some added religious crusaders  to spice the mix.

Continue reading “Speaker John Boehner Was “For” Obama’s Iraq Policy Before He Claimed There Wasn’t One” →

Congress, Constitutional Law, Politics, Society

The Hill: Democrats Have Raised Impeachment Some 20 Times More Often Than Republicans

260px-capitol_building_full_viewI recently wrote on the issue of impeachment that has been reportedly so widely in the media. As I noted in the column and in prior interviews, there is no serious move toward impeachment by the Republicans and most of the impeachment talk has come from the White House and Democrats, including in fund-raising campaigns. Indeed, I was critical of the Washington Post column after one of the hearings in which I testified on executive over-reach. While the issue of impeachment was mentioned only a handful of times and usually to dismiss it as an option, the column was entitled “Republicans see One Remedy for Obama — Impeachment.” It seems that even denying impeachment as an option still constitutes discussing impeachment. Now The Hill newspaper has looked at the congressional record to see who is raising impeachment more often. The result was that Democrats raised the issue 20 times more often than Republicans, who barely uttered the “I” word.

Continue reading “The Hill: Democrats Have Raised Impeachment Some 20 Times More Often Than Republicans” →

Columns, Congress, Constitutional Law, Courts, Politics, Society, Supreme Court

ON THE 40TH ANNIVERSARY OF NIXON’S RESIGNATION: 5 MYTHS ABOUT IMPEACHMENT

220px-Richard_NixonPresident_Barack_ObamaThis month, Washington seems caught in some strange time loop. The President allegedly fighting off an attempt to remove him while Members of Congress are denouncing his “Imperial Presidency” and contempt for constitutional law. It must be enough to give Bob Woodword and Carl Bernstein vertigo.
As one of the legal experts who testified during the Clinton Impeachment and lead defense counsel in the last judicial impeachment trial in the Senate, I have been struck by the replication of a number of misconceptions surrounding impeachment. That led to Sunday’s column on certain myths regarding impeachment. According to a CNN/ORC poll last week, some 33 percent of Americans think the president should be impeached. Over a majority now disapprove of his conduct in office according to other polls. However, that is not enough for impeachment. As many of you know, I am highly troubled about the actions taken by President Obama in violation of the Separation of Powers. I testified (here and here and here) and wrote a column on President Obama’s increasing circumvention of Congress in negating or suspending U.S. laws. I ran another column recently listing such incidents of executive over-reach. Some like the violations of the power of the purse in the shifting of hundreds of millions of dollars raise extremely serious challenges to our system. However, I do not believe that these violations have yet reached the point of impeachable offenses. Ideally, a federal court will review some of these violations and show that the system can work in the maintenance of the lines of separation though the Administration is clearly going to fight hard to block any review of the merits by any federal court. That is where such matters should, in my view, be heard and resolved. In the meantime, the President’s threat to continue to act unilaterally is playing a dangerous game of chicken in our system and, if he goes too far in an act defying clear congressional or judicial authority, he could cross over from interpretive disagreements into impeachable offenses. Yet, the current array of conflicts have divided lower judges on the merits. Such interpretive disagreements are not the thing that impeachments are made off. Having said that, one should not take the lack of impeachable offenses to take away from what some of us view as very serious violations by this President — a usurpation of authority that all citizens should denounce in the interests of our constitutional system. Continue reading “ON THE 40TH ANNIVERSARY OF NIXON’S RESIGNATION: 5 MYTHS ABOUT IMPEACHMENT” →