Category: Congress

Bizarre, Congress, Constitutional Law, Courts, Criminal law, Free Speech, International, Justice, Lawyering, Media, Military, Politics, Science, Society, Supreme Court, Uncategorized

The CIA Lost Its Soul and Took Ours With It

220px-John_Brennan_CIA_official_portrait

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

This past week’s news reports of the Senate report on the CIA Torture program were both distressing and enlightening.   I was dismayed to not only read what the full extent of the CIA’s Torture program was, but also when I read pundits and former CIA officials claim that rectal rehydration was merely a medical procedure! I was further discouraged when commenters on this blog made claims that waterboarding and other torture tactics were either necessary or what the devils deserved.

Very few pundits or commenters seem to care if the so-called Enhanced Interrogation techniques were legal or ethical when the CIA resorted to them shortly after 9/11.  This “debate” over the actions taken in our name by the CIA has gone from a report based on the CIA’s own words to denials that the techniques were torture, to claims that great intelligence value was gained using the torture and claims that it was a biased report written by Democrats. Continue reading “The CIA Lost Its Soul and Took Ours With It” →

Congress, Politics, Society

Section 280E of the Internal Revenue Code Severely Straining Washington Marijuana Businesses

By Darren Smith, Weekend Contributor

Entreating the GodfatherWashington marijuana businesses are becoming financially tenuous in large part due to the imposition of heavy taxation. The matter has been further compounded beyond simply an unsustainable state excise tax of twenty five percent levied at all stages of the supply chain (marijuana producers, processors, and retailers) but a federal tax code that prevents the excise tax and conventional business expenses from being deducted from federal income taxes. This is due to a prohibition specifically applicable to marijuana. The accounting effect of this means marijuana businesses must also pay federal tax on what the business pays in state taxes.

Marijuana retailers have stated in interviews this double taxation alone swallows much of their profits. It shows another formidable challenge to the survivability of the licensed cannabis industry in Washington..

Continue reading “Section 280E of the Internal Revenue Code Severely Straining Washington Marijuana Businesses” →

Academia, Congress, Environment, International, Politics, Science, Society

Poll: Half of Republicans Favor Carbon Limits As Scientists Warn Of “Uninhabitable” Planet

220px-AlfedPalmersmokestacksgopREPUBLICANSA new poll shows broad support for carbon limits, including half of all Republicans. The poll comes out as scientists warn (as reported in the NY Times) that time is running out on climate change and, without decisive action, the world could eventually become uninhabitable for humans. Today, the Pope added his voice to the overwhelming weight of world scientists that time is running out. Likewise, island nations are now demanding action and calling on the world to witness the loss of their very existence to the rising seas.

Continue reading “Poll: Half of Republicans Favor Carbon Limits As Scientists Warn Of “Uninhabitable” Planet” →

Congress, Constitutional Law, Criminal law

SENATE REPORT: U.S. TORTURE PROGRAM “MORE BRUTAL” THAN PREVIOUSLY DISCLOSED AND CIA OFFICIALS GAVE FALSE INFORMATION TO CONGRESS

CIAsenate_large_seal The Senate report is out and linked below. It is remarkable in both its candor and breadth. I was particularly moved by watching Sen. John McCain, a victim of torture, explaining to his colleagues why this country must not only condemn this torture program but come clean about our failure to meet the fundamental values that define us as a people. It was a true profile of courage — an all too rare moment in our contemporary politics where a politician transcends politics and stand boldly on a higher moral ground. What McCain showed was the difference between a politician and a statesman. He proved himself to be the latter this afternoon.

Continue reading “SENATE REPORT: U.S. TORTURE PROGRAM “MORE BRUTAL” THAN PREVIOUSLY DISCLOSED AND CIA OFFICIALS GAVE FALSE INFORMATION TO CONGRESS” →

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

Bail-Ins and Empty Pockets

Great_Seal_of_the_United_States_(obverse)_svg

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

The Banksters are at it again.  You may recall an article that I wrote in March of 2013 which detailed a plan agreed to by the Bank of England and the FDIC which would allow banks to grab depositors funds in order to avoid a bank failure. The prime example given in that article was a similar plan that was put into action in Cyprus. Similar plans were on the books elsewhere, but the Cyprus grab had actually been activated.

Now it seems that the joint FDIC-Bank of England agreement from December of 2012 was not enough to make the Banksters whole in the event that their derivative gambling went south.  The idea has gone global and it puts all of our deposits, and even our pension investments at risk! Continue reading “Bail-Ins and Empty Pockets” →

Bizarre, Congress, Constitutional Law, Criminal law, Free Speech, Society

Stolen Valor Video: Airborne Veteran Confronts Man Falsely Claiming To Be Army Ranger At Mall

Screen Shot 2014-12-05 at 5.50.05 AMI was on BBC yesterday talking about the Stolen Valor Act and the video below that has gone viral after a man was confronted in a mall on Black Friday by a veteran who called him out as a fake. (Warning: the video contains bad language). The man, identified as Sean Yetman, 30, walked by a real veteran from the famed 101st Airborne Division who was not buying the uniform or claim that Yetman is an Army Ranger. He spotted problems right away, starting with the multiple Combat Infantry badges.

Continue reading “Stolen Valor Video: Airborne Veteran Confronts Man Falsely Claiming To Be Army Ranger At Mall” →

Congress, Constitutional Law, Media, Politics, Society

Washington Post: Obama’s Unilateral Immigration Action Is “Unprecedented”

220px-Washington_Post_buildingPresident_Barack_ObamaThe Washington Post has published a hard-hitting editorial that not only accuses the Obama Administration of fudging the figures on its unilateral immigration changes but calls the action “unprecedented” and “indefensible.” The stinging editorial from a generally favorable newspaper amplifies the criticism of others, including myself, that President Obama is doing considerable damage to the separation of powers and, more generally, our constitutional system in these actions.

Continue reading “Washington Post: Obama’s Unilateral Immigration Action Is “Unprecedented”” →

Congress, Society

New Jersey School District Produces Just 19 Students With College-Ready SAT Scores

SchoolClassroomThere is a truly alarming report out of Paterson, New Jersey that captures how far our educational system has declined. Only 19 kids in this large school district have SAT score that are considered appropriate for college. That means that less than a dozen score at least 1500 out of 2400 on the standardized test. This year, the average score was just 1,200. While meetings are held at the White House and across the country on Ferguson, I continue to believe that the greatest reform to benefit all races would be a greater commitment to our public schools. Too many families are trapped in a cycle of poverty with no real opportunities while our workforce becomes less and less competitive in the new economy.

Continue reading “New Jersey School District Produces Just 19 Students With College-Ready SAT Scores” →

Congress, International, Politics, Society

Bundling Diplomacy: Obama Places Two Fundraisers In Key Ambassadorships

President_Barack_Obama250px-Theboldandthebeautifullogo2004We have previously discussed how President Obama continues to reward donors with ambassadorships, including some with little background or known talents for the jobs. I have long been a critic of this practice and I remain astonished that the American people allow it to continue. However, fat cat friends are often given trivial ambassadorships like the Vatican or smaller nations. It is still not a good practice but the damage is limited. Obama however have been handing out major posts to those who give him or the DNC millions in bundled dollars. This week the Senate confirmed two nominees to Argentina and Hungary that should outrage people who believe diplomacy should be left to diplomats and do not believe that such posts should be handed out as favors to wealthy friends. It is a national disgrace but we have become accustomed to the effective selling of these government offices. It certainly conveys a truly insulting message to these two countries that neither they nor their problems amount to much of a priority for the United States.

Continue reading “Bundling Diplomacy: Obama Places Two Fundraisers In Key Ambassadorships” →

Congress, Constitutional Law, Courts, Free Speech, International, Justice, Lawyering, Politics, Uncategorized

Corporate Greed

department of treasury

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

Now that we have celebrated Thanksgiving, I was struck by the news that Congress is considering legislation that would grant large tax breaks to corporate citizens and actually remove tax breaks for the poor and the middle class.

‘ “This Congress seems willing to give huge tax cuts to big businesses—who are already doing better than ever—but somehow can’t prevent tax increases on 50 million working Americans that will occur when expansions of the Earned Income Tax Credit and Child Tax Credit expire,” Harry Stein, the Associate Director for Fiscal Policy at American Progress Action Fund, told ThinkProgress. “This is a great deal for CEOs and a terrible deal for struggling families.”’ Nation of Change  Continue reading “Corporate Greed” →

Congress, Constitutional Law, Courts, Politics, Society

Obama: “I Just Took An Action To Change The Law” On Immigration

Screen Shot 2014-11-26 at 9.27.01 AMThere was an unscripted moment for President Barack Obama yesterday that might make Justice Department lawyers defending the recent unilateral changes to immigration laws a bit uneasy. The President was faced with an understandably annoying problem of hecklers who interrupted his speech demanding an end to deportations of anyone. The President responded with a clearly justified admonishment that they should let him speak, but he added in obvious frustration “What you’re not paying attention to is the fact that I just took an action to change the law.” That is what the Administration lawyers have striven to deny. They are insisting that this was not a change in law (which is a legislative act) but the exercise of discretion allowed under the law.

Continue reading “Obama: “I Just Took An Action To Change The Law” On Immigration” →

Congress, Media, Politics, Society

Schumer: The Affordable Care Act Was A Mistake To Pass In The First Term And “Made No Political Sense”

220px-Charles_Schumer_official_portraitSen. Charles Schumer (D., N.Y.) made headlines yesterday with public statements that passing the Affordable Care Act (ACA) (or Obamacare) was a mistake and “blew” the opportunity of the party to pass meaningful legislation that appealed to the middle class. As the third-ranking member of the Senate Democratic leadership, the statement was a rare public rebuke of the strategy of the Obama Administration and the Democratic leadership. Schumer stated that at the time “Americans were crying out for an end to the recession, for better wages and more jobs; not for changes in their healthcare.”

Continue reading “Schumer: The Affordable Care Act Was A Mistake To Pass In The First Term And “Made No Political Sense”” →

Academia, Congress, Media, Politics, Science

The Stockman Effect: Texas Congressman Names Scientific Theory After Himself And Then Drafts Law To Force The Government To Study Him It

220px-Steve_Stockman_official_portraitScientists and environmentalists might be a bit alarmed by a bill introduced in the House that references a scientific theory that they were entirely (and perhaps blissfully) ignorant of before last week: the “Stockman Effect.” The Stockman Effect Act mandates that the director of the National Science Foundation must commission a study on the extent to which changes in the weather can be attributed to natural shifts in the Earth’s magnetic fields. That may have led many scrambling for their textbooks and scientific journals. They would have been better off looking up the names of the sponsors. Rep. Steve Stockman (R-TX) clearly is looking for a legacy as he completes his final term in office after losing his seat in the last election. He wants a federal law that orders that a federal study of his own theory. Stockman, as you might imagine, is a sceptic of man-made climate change theories but he is an advocate of . . . well . . . Stockman science.

Continue reading “The Stockman Effect: Texas Congressman Names Scientific Theory After Himself And Then Drafts Law To Force The Government To Study Him It” →

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

Foreclosure Fraud?

150px-Wells_Fargo_Bank_svg

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

Since the Great Recession officially started in December of 2007, millions of people have lost their homes to foreclosures.  It turns out that many of those foreclosures may have been fraudulent or in violation of foreclosure laws. According to the Southern Essex County, Massachusetts Register of Deeds, John O’Brien, a forensic audit of his recording files suggests that at least 75% of the mortgage assignments were invalid.

“My registry is a crime scene as evidenced by this forensic examination. The Audit makes the finding that this was not only a MERS (Mortgage Electronic Registration Systems) problem, but a scheme also perpetuated by MERS shareholder banks such Bank of America, Wells Fargo, JP Morgan and others. I am stunned and appalled by the fact that America’s biggest banks have played fast and loose with people’s biggest asset – their homes. This is disgusting, and this is criminal.” Nation of Change Continue reading “Foreclosure Fraud?” →

Academia, Congress, Constitutional Law, Courts, Lawyering, Media, Politics, Society, Supreme Court

HOUSE FILES CHALLENGE OVER THE CHANGES TO THE AFFORDABLE CARE ACT

800px-Capitol_Building_Full_ViewToday, we filed our complaint United States House of Representatives v. Burwell (Case 1:14-cv-01967), in the United States District Court for the District of Columbia. The House’s complaint contains eight counts concerning constitutional and statutory violations of law related to the Patient Protection and Affordable Care Act (ACA). There are a myriad of unilateral amendments to this Act, ordered by President Obama’s Administration, which could be the subject of a challenge, and there are a number of changes that are already being litigated, including King v. Burwell, which has been accepted by the Supreme Court for review. The House’s complaint, however, focuses on the Administration’s usurpation not only of the House’s Article I legislative authority, but also of the defining “power of purse.” Both of these powers were placed exclusively in Article I by the Framers of our Constitution. These constitutional and statutory claims are highly illustrative of the current conflict between the branches over the basic principles of the separation of powers. The House’s complaint seeks to reaffirm the clear constitutional lines of separation between the branches – a doctrine that is the very foundation of our constitutional system of government. To put it simply, the complaint focuses on the means rather than ends. The complaint is posted below.

Continue reading “HOUSE FILES CHALLENGE OVER THE CHANGES TO THE AFFORDABLE CARE ACT” →