Friday, August 2, 2013

Illegality Tracker

So, my beginnings of a post are below. Fortunately for all of us,  Keith Koffler IS a full-time professional and he has collected two dozen Obama scandals.


It would take a full-time professional staff to keep track of the acts and omissions of the current regime that are contrary to the rule of law, that skirt or exceed the constitutional limits and statutory powers of the president and the executive branch.

Not only do we have 5 years of abuses to record, but new instances are coming to light daily.

I don't have a full-time professional staff. But I'll do my best to highlight the ones that come to my attention.

1. Treasury: Debt Has Been Exactly $16,699,396,000,000.00 for 56 Days - As reported in CNSNews.com on 15 July 2013 the official federal debt has been exactly $25M below the debt limit for almost 2 months while the Treasury has issued more debt instruments than it has redeemed. Now, as anyone who has lied with numbers will tell you, a number with that many trailing zeroes is not an accurate number. There is no practical way that in real life, there could be no change from day to day in the number. That the Treasury has been issuing more debt than it has been redeeming makes the number even more blatantly fallacious. 

CNS asks the obvious question: "How could the value of extant U.S. Treasury Securities increase by $51.586 billion during a 56-day period when the federal government’s debt subject to the legal limit set by Congress has remained constant at $16,699,396,000,000.00—just $25 million below the legal limit?"

Jack Lew's response is a classic of bureaucratic opacity: "Treasury Secretary Lew sent a letter to House Speaker John Boehner. In the letter, Lew said the Treasury would begin implementing what he called “the standard set of extraordinary measures” that allows the Treasury to continue to borrow and spend money even after it has hit the legal debt limit."

Only a U.S. Federal Government Official could use the term "standard set of extraordinary measures" and proceed to borrow more than is authorized by law - with complete seriousness. Really, if it weren't true, I'd swear it was a Monty Python sketch. I didn't bother to investigate what the "standard set of extraordinary measures" are, but when Timmy Geithner did it, they included failing to fund federal worker pension accounts - an illegal act for any organization that isn't the Federal Government.

2. EXCLUSIVE: Feds admit improper scrutiny of candidate, donor tax records
Justice has declined to prosecute any of the cases According to the Washington Times, "The Treasury Department has admitted 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."

3. Circumventing or ignoring completely laws currently in force. There are any number. Refusing to enforce immigration laws in order to effectively enact the DREAM Act by Executive fiat is probably the most egregious. Failing to enforce DOMA, and failing to perform his constitutional duty to defend it in court combine for another. I just came across a relatively minor, but perhaps telling in that his abrogation of his Constitutional responsibilities and his flaunting of laws is becoming mundane. There has been a provision in an appropriations bill for quite some time that prohibits the CDC from using any of its funding “to advocate or promote gun control.” Which effectively thwarted their research because of course the CDC was doing research expressly to promote gun control. Obama issued an executive order  instructing the CDC to ignore Congress' intent and to proceed to produce 'research' 'proving' the need for more restrictions on guns.

UPDATE

The Attorney General "is giving new instructions to federal prosecutors on how they should write their criminal complaints when charging low-level drug offenders, to avoid triggering the mandatory minimum sentences." In other words, prosecutors are being told to ignore the actual offense and to enter a charge based on the amount of punishment they would like the alleged criminal to receive, thereby circumventing (once again) the will of the people expressed through laws passed by their elected representatives.

Did I mention that the administration is importing illegal immigrants through a loop hole in the asylum rules?
Immigrants are being taught to use "key words and phrases" to be allowed to enter and stay in the country. 
Just this past Monday, Border Patrol agents say about 200 people came through the Otay Crossing claiming a quote: "credible fear" of the drug cartels. 
 It's even providing free hotel rooms for them. 

UPDATE 2: Charles Krauthammer adds to the list:

UPDATE 3:  I see this list is going to grow daily. In this case, reported by the Washington Times,  the Administration has been caught ignoring a federal law to open Yucca Mountain. Just ignoring it.

"WASHINGTON (AP) — The Nuclear Regulatory Commission has been violating federal law by delaying a decision on a proposed nuclear waste dump in Nevada, a federal appeals court ruled Tuesday.

Two of the three judges from the the U.S. Court of Appeals for the District of Columbia think the government ought to obey the law. Crazy, I know...

"In a sharply worded opinion, the court said the nuclear agency was “simply flouting the law” when it allowed the Obama administration to continue plans to close the proposed waste site 90 miles northwest of Las Vegas. The action goes against a federal law designating Yucca Mountain as the nation’s nuclear waste repository.

“The president may not decline to follow a statutory mandate or prohibition simply because of policy objections,” Judge Brett M. Kavanaugh wrote in a majority opinion"

Judge Kavanaugh ought to know better than that. The president certainly can, and has. ACA waivers, DOMA, Immigration, oh, I could go on. But there are only 24 hours in a day...

Besides, if Congress doesn't care, why should the the president?

"Reid, a Democrat, called the appeals court decision “fairly meaningless.” Congress has cut funding for Yucca and is unlikely to restore it, Reid said.
“This isn’t even a bump in the road. This, without being disrespectful to the court, means nothing,” Reid told reporters at a clean energy conference Tuesday in Las Vegas.

How do you call a federal court decision "fairly meaningless" which "means nothing" without thereby being disrespectful of the court and the actual rule of law?

On a slightly more positive note, it seems there IS a precedent for stopping the implementation of a law by withdrawing funding. Mike Lee, call Harry Reid to see how that's done...


Read more: http://www.washingtontimes.com/news/2013/aug/13/appeals-court-obama-violating-law-nuclear-site-nev/#ixzz2bwvBMaNt
Follow us: @washtimes on Twitter


UPDATE 4: Sorry for two in as many minutes. But this article by Victor Davis Hanson is a must-read.

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