Friday, December 20, 2013

The three words that best describe Obamacare are: "Stink, stank, stunk"!


Judicial Watch Weekly Update - From the Desk of President Tom Fitton
JW Asks Court to Invalidate President Obama's Unconstitutional Obamacare Power Grab

Washington has become the Scrooge that ruins Christmas for those of us involved in public policy. Instead of being a quiet period to commemorate the birth of Christ, enjoy time with our families, and to pleasantly work to deal with end of year demands in business, the politicians in Washington have turned the Christmas holidays into a time to upend the Constitution, pass deplorable legislation, and leak stories designed to disappear as most Americans focus on things other than politics.
 
True to this, our out of control president yesterday rewrote Obamacare for the 14th time by eviscerating, through sheer fiat, the individual mandate. The disruption will be massive. Americans who followed the law will be made once again into suckers, and Establishment DC will tsk-tsk. Congressional Democrats are stricken in the face of their Obamacare disaster, so they do nothing in the face of Obama's acting on as a "one-man Congress."  And most Republicans are happy to take advantage of the situation politically, while doing nothing substantively to vindicate the Constitution and rescue Americans from the Obamacare scourge.
 

 
So as is so often the case in matters of rule of law, Judicial Watch is happy to step into the leadership gap. We just made a key filing in an important lawsuit that seeks to force Obama to obey his own Obamacare law.  

At the center of this court filing is a key question: Does President Obama have the authority to ignore a clear, congressionally-imposed deadline affecting hundreds of thousands of employers and millions of employees across the country on a matter of unquestionable importance?

Judicial Watch put this question to a federal court on December 13, 2013 in a motion for summary judgment filed on behalf of Dr. Larry Kawa of Kawa Orthodontics in a lawsuit against the U.S. Department of Treasury, Secretary of Treasury Jack Lew, the Internal Revenue Service and IRS Acting Director Daniel Werfel over the Affordable Healthcare Act (ACA), also known as Obamacare. 

This landmark lawsuit, filed in the U.S. District Court in the Southern District of Florida, challenges the Obama administration's decision to delay the enactment of the so-called "employer mandate" provision of Obamacare.

Judicial Watch attorneys, on behalf of Dr. Kawa, addressed this question directly:

The answer to the question posed by this lawsuit is quite plainly "No." Defendants' delay of the mandate violates the Administrative Procedures Act ("APA"). It exceeds Defendants' statutory jurisdiction, authority, and limitations, is contrary to constitutional right, power, or privilege, and is otherwise not in accordance with law.   

Rejecting a date enacted into law by Congress and picking a new date more to the Executive Branch's liking is the epitome of arbitrary and capricious agency action.  The Court should reject Defendants' lawlessness and restore the rule of law to the Executive Branch's implementation of the ACA. It should declare Defendants' postponement of the "employer mandate" to be unlawful, set aside Defendants' unlawful agency action, and reinstate the date established by Congress. The Court also should enjoin any further unauthorized delay of the mandate's effective date.

The employer mandate, which subjects certain large employers to tax penalties if they do not offer "affordable," "minimum essential" health insurance coverage to their employees, is considered "a major pillar of the ACA." By law, the mandate was required to take effectJanuary 1, 2014.  On July 2, 2013, however, the Obama administration officially postponed the mandate without the approval of Congress

And what does the IRS have to say about all of this? 

Absolutely nothing. Sidestepping the constitutional issues entirely, the agency asked the court to toss the lawsuit, making the claim that Dr. Kawa "suffered no harm whatsoever" and thus lacks the "standing" to bring the lawsuit. The agency further stated that whatever funds Dr. Kawa expended to comply with the mandate is water under the bridge. Nothing the courts can do about it now.

However, according to JW's opposition to the IRS motion to dismiss also filed on December 13, 2013, the unlawful delay of the "employer mandate" has caused Kawa Orthodontics "to lose the substantial time and resources it expended and the significant opportunity costs it incurred in anticipation of" the controversial provision taking effect beginning next year. 

And Dr. Kawa is not alone. According to the Agency for Health Research and Quality of the U.S. Department of Health and Human Services, the number of employers in the United States having more than 50 employees is as high as 1.6 million, each of whom could be affected as well. 

"I am fed up with Washington, DC dictating our futures and playing politics with the law of the land. This is just more example of DC's career politicians thinking more about the next election than the next generation," said Dr. Larry Kawa of Kawa Orthodontics. "President Obama isn't above the law."

At the end of the day, all Dr. Kawa is asking the court to do is to order the Obama administration to obey its own Obamacare law! The president shouldn't be able to rewrite a law because it might have unpleasant political consequences. This is an unconstitutional power grab that must be stopped by the courts as quickly as possible. 

And contrary to the bogus claims of the IRS, President Obama's decision to rewrite Obamacare has harmed and continues to harm Dr. Kawa's business - and, as a directly consequence, the many other citizens Dr. Kawa helps in his community.

Dr. Kawa, a graduate of NYU School of Dentistry, has been a local business owner and community leader for over 20 years. He is on the board of directors for both PROPEL, a nonprofit foundation for underprivileged youth, and the Lynn University College of Business. 

"I work hard so that I can give back to my community. I help low-income youth by providing them free braces, and even sponsor Little League baseball. What is sad is that the administration's blatant disregard for the law hurts more than inside the Beltway, it hurts all over the homeland," stated Dr. Kawa. "Transparency and rule of law shouldn't just be terms in government class textbooks, they should be principles that are followed in government offices."

We are grateful to be working with citizen-patriots like Dr. Kawa who are willing to take on this dictatorial administration in court in order to protect our precious Constitution.

Here are some of JW's other filings related to the lawsuit if you would like the full details on this most important lawsuit: request for judicial noticerequest for oral argument; and statement of material facts.

More to come!

Did the CIA Director John Brennan Leak Classified Details to the Press?
 
Attorney General Eric Holder once called it "within the two or three most serious leaks I have ever seen." No, I'm not talking about Eric Snowden's document dump detailing a massive NSA spying scheme. I'm talking about the release of information related to international efforts to thwart a terrorist attack.

And here's the key question: Was the current CIA Director John Brennan the man behind the leak? Documents obtained by JW confirm the answer is "yes."

Judicial Watch released this week the full transcript of a May 7, 2012, teleconference between then-White House top counterterror adviser John Brennan and various TV terrorism consultants, in which Brennen reveals that the U.S. and its allies had "inside control over any plot" in its efforts to thwart a May 2012 terrorism bomb plot. Brennan is now CIA director. We got the transcript pursuant to a Freedom of Information Act lawsuit.
 
The Brennan revelation of "inside control" - an intelligence community euphemism for spies within an enemy operation - reportedly helped lead to the disclosure of a previously well-kept secret at the heart of a joint U.S.-British-Saudi undercover terrorism operation inside Yemen-based al Qaeda in the Arabian Peninsula (AQAP). According to a Reuters May, 18, 2012, report:
 
The next day's headlines were filled with news of a U.S. spy planted inside Yemen-based Al Qaeda in the Arabian Peninsula (AQAP), who had acquired the latest, non-metallic model of the underwear bomb and handed it over to U.S. authorities.
 
At stake was an operation that could not have been more sensitive - the successful penetration by Western spies of AQAP, al Qaeda's most creative and lethal affiliate. As a result of leaks, the undercover operation had to be shut down.
 
In May 2013, the Justice Department launched a wide-ranging investigation of leaks surrounding the thwarted "underwear bomb" terrorist attack. As I mentioned above, in defending the department's seizure of phone records from The Associated Press, Attorney General Eric Holder described the leaks as "within the two or three most serious leaks I have ever seen."   
 
In the transcript obtained by Judicial Watch, Brennan led the phone call where he addressed the top terror consultants for ABC, NBC, CNN, and CBS including Caitlin Hayden, Frances Townsend, Richard Clarke, Roger Cressey, and Juan Zarate. In an apparent attempt to soft-peddle the thwarted terrorist attack, Brennan twice exposes the covert operation; first at the outset of the call, then as the conference draws to a close:
  • BRENNAN: The device itself, as I think the FBI statement said quite clearly, never posed a threat to the American public or the public ... Well, as we, well know, al Qaeda has tried to carry out simultaneous types of attacks, and so we were confident that we had inside control over the - any plot that might have been associated with this device. (Emphasis added)
  • CLARKE: If it gets asked. There was no active threat because we had insider control ..
  • BRENNAN: I would not disagree with the way you put that, at all. 
Brennan later defended his comments in his February 2013 Senate Intelligence Committee confirmation hearing, while admitting to Sen. James Risch (R-ID) that he had, indeed, leaked the information about "inside control;" a leak Risch characterized as "the leak the Justice Department is looking for":
  • MR. BRENNAN: What I'm saying is that we were explaining to the American public why that IED was not, in fact, a threat at the time that it was in the control of individuals. When we say "positive control," "inside control," that means that we have, in fact, that operation, either environmentally or any number of ways ...
  • SENATOR RISCH: Having used the words that you used of "inside control," it isn't much of a leap to determine that somehow you had a handle on it.
  • MR. BRENNAN: It's not much of a leap to know that if in fact we said this IED was, in fact, obtained, and it was not a threat at the time, that there was some type of inside control. It is almost a truism.
  • SENATOR RISCH: Well, having said that, it seems to me that the leak that the Justice Department is looking for is right here in front of us.
For all the news and controversy about NSA surveillance, I think the bigger issue is the congenital lying and skullduggery that seems to be increasing with leaders in our national security establishment. Panetta, Clapper, Petraeus, and Brennan all seem to be in the mold of prevaricators like Barack Obama and Bill Clinton rather than truth-tellers like Gen. Patton.  

It is abundantly clear that the Obama White House, in a self-serving attempt to garner favor with the American people over its handling of the "underwear bomb," blew the cover on a vital covert operation and exposed our agents to serious danger. Edward Snowden, the AP, Fox News and other targets of leak investigations may not be able to understand why Brennan has been able to skate by for this damaging leak.

***

I want to close this week by wishing all of you and your families, on behalf of all of us here at Judicial Watch, a very Merry Christmas. There is no doubt that 2013 has been burdened with serious challenges to the Constitution and our country - many of them daunting to say the least. 

And it is at this time of year that I am reminded just how lucky we are at Judicial Watch to have such a passionate and patriotic group of friends and supporters. Together we have earned some key victories this year and more are on the horizon.

So take a break. You've earned it. Enjoy your family members and your friends this holiday season as we celebrate Christmas and the New Year. (We will do our best to stand watch for you here in Washington during the break.)  And rest assured that Judicial Watch will do everything in its power to make certain that better days are ahead for honest and constitutional government.

God bless you!

Until next week...  

Tom Fitton 
President
 

 

My Grandfather watched as his friends died in WW I... My Father watched as his friends died in WW II and Korea... I watched as my friends died in Vietnam...


 
My Grandfather watched as his friends  died in WW I...
 
My Father watched as his friends died in WW II and Korea...
 
I watched as my friends died in Vietnam...
 
None of them died for the Mexican Flag...
Everyone died for the U.S. Flag...
 
 
InTexas,a student raised a Mexicanflag onaschool flag pole; another student took it down.
 
Guess who was expelled... The kid who took it down.
 
Kids in high school in California were sent home this year on Cinco de Mayo because they wore T-shirts with the American flag printed on them.
 
Enough is enough.
 
The below e-mail message needs to be viewed by every American;
And every American needs to stand up for America .
 
We've bent over to appease the America-haters long enough...

I'm taking a stand...
 
I'm standing up because the hundreds of thousands who died fighting in wars for this country, and for the U.S. Flag can't stand up....
 
And shame on anyone who tries to make this a racist message...

Let me make this perfectly clear!
THIS IS MY COUNTRY!

And, because I make This statement 
DOES NOT
Mean I'm against immigration!!! 

YOU ARE WELCOME HERE, IN MY COUNTRY!
Welcome!
To come through legally:

1. Get a sponsor!
2. Get a place to lay your head! 
3. Get a job! 
4. Live By OUR Rules!
5. Pay YOUR Taxes!

And 
6. Learn theLANGUAGE like immigrants 
Have in the past!!!
AND 

7. Please don't demand that we hand over our lifetime
Savings of Social Security Funds to you.
 
If you don't want to forward this for fear of offending someone,
Then YOU'RE PART OF THE PROBLEM! 

When will AMERICANS STOP giving away THEIR RIGHTS??? 

We've gone so far the other way...
Bent over backwards not to offend anyone...

But it seems no one cares about the

AMERICAN CITIZEN 

that's being offended!

WAKE UP America !!!

If You agree...
Pass this on...
If You don't agree...
Then Try moving to some other country -
And Shame On You!!!!
 
 
 
 

Ad on Craig’s List! Obama Spin Machine 4 Sale...


 

Kudos to the person who put the ad on Craig’s  List!

 

 

 

YOU'RE PROBABLY NOT INTERESTED IN USED FARM  EQUIPMENT,

 

BUT YOU  MIGHT ENJOY  THIS AD TAKEN FROM CRAIG'S    LIST.  

 

FIFTY YEAR OLD MANURE SPREADER -   $1 (WASHINGTON, DC)  

 

Fifty-year old manure  spreader. Not sure of brand.  Said to have been produced in Kenya.

 

Used for a  few years in Indonesia before being  smuggled into the US via Hawaii.

 

Of  questionable pedigree. Does not appear to have  ever been worked hard.  Apparently,

 

it was pampered by various owners over the years. It  doesn't  work very often, but when it does it can sling shit for amazing  distances. I am  hoping to retire the manure spreader this   November.

 

I really don't want  it hanging around getting in the  way. I would prefer a foreign buyer to relocate  the manure spreader out  of the country. I would be willing to trade it for a  nicely framed copy  of the United States  Constitution.

 

Location: Currently being stored in a big white house in  Washington,  D.C.


OBAMA IS LEAVING FOR 2-WEEKS FUN AND SUN IN HAWAII -- UNINSURED AMERICANS IN THE MILLIONS GIVEN LAST MINUTE HOPE AS OBAMACARE HAIL MARY PLAY

One Citizen Speaking...


OBAMA IS LEAVING FOR 2-WEEKS FUN AND SUN IN HAWAII -- UNINSURED AMERICANS IN THE MILLIONS GIVEN LAST MINUTE HOPE AS OBAMACARE HAIL MARY PLAY

Posted: 19 Dec 2013 06:34 PM PST

President “Don’t do as I do, Do as I say” Obama has told Katherine Sibelius to, once again, relax those pesky Obamacare regulations and re-define “hardship” so the 5,000,000 plus Americans who lost their insurance and were screwed by Obamacare can purchase one of those sub-standard crappy “catastrophic” insurance plans while the Administration tries to save their failed socialist experiment.

Can you trust these clowns?

leninobamasmirk

DID OBAMA GIVE OUR IDEOLOGICAL ENEMIES ACCESS TO NSA DATA AND DECISIONMAKING?

Posted: 19 Dec 2013 05:13 PM PST

When President Obama named the five members of the “Review Group on Intelligence and Communications Technologies, one name stood out as a clear and present danger to our Constitution and the protection of America and Americans.

  • It wasn’t Richard Clark, the chief counter-terrorism adviser on the National Security Council under both Presidents Clinton and Bush.
  • It wasn’t Michael Morell, the former deputy director of the CIA
  • It wasn’t Geoffrey Stone, the University of Chicago law professor.
  • It wasn’t Peter Swire, the Georgia Tech professor.

Yes, all of these people had baggage and an ideological viewpoint, but they did not seem dangerous to commonly-accepted precepts of freedom. 

beacon_flashing  It was Cass Sunstein, the so-called intellectual mentor to the president who served as the White House’s regulatory czar from 2009 to 2012. Married to Samantha Power, the U.S. ambassador to the United Nations whose foreign policy failures are legion in the State Department. If you have any doubt that Sunstein is a progressive socialist democrat, one need only review the titles of some of his previous books.

Sunstein's books include After the Rights Revolution (1990), The Partial Constitution(1993), Democracy and the Problem of Free Speech (1993), Legal Reasoning and Political Conflict (1996), Free Markets and Social Justice (1997), One Case at a Time (1999), Risk and Reason (2002), Why Societies Need Dissent (2003), Laws of Fear: Beyond the Precautionary Principle (2005), Radicals in Robes: Why Extreme Right-Wing Courts Are Wrong for America (2005), Are Judges Political? An Empirical Analysis of the Federal Judiciary (2005), Infotopia: How Many Minds Produce Knowledge (2006), and, co-authored with Richard Thaler, Nudge: Improving Decisions about Health, Wealth, and Happiness (2008). <Source>

And his views on government control are downright scary …

left_arrow_shakingIn what sense is the money in our pockets and bank accounts fully ‘ours’? Did we earn it by our own autonomous efforts? Could we have inherited it without the assistance of probate courts? Do we save it without the support of bank regulators? Could we spend it if there were no public officials to coordinate the efforts and pool the resources of the community in which we live”

Without taxes there would be no liberty. Without taxes there would be no property. Without taxes, few of us would have any assets worth defending.”

“In any case, to recognize the dependency of property rights on the contributions of the whole community, managed by the government, is to repel the rhetorical attack on welfare rights as somehow deeply un-American, and totally alien or different in kind from classical or “real” rights. No right can be exercised independently, for every rights-holder has a claim on public resources–on money that has been extracted from citizens at large.”

“For all rights–call them negative, call them positive–have that effect. There is no liberty without dependency. That is why we should celebrate tax day.”  <Source>

Bottom line …

A well-credentials and smart socialist/communist is a clear and present danger to America and all Americans, especially when that socialist/communist individual is acting to destroy America’s existing institutions from within to bring about a socialist/communist state.

The fact that President Obama is allowing Sunstein to put forth policies that will deeply affect future NSA (National Security Agency) operations is deeply troubling and problematical. Symptomatic of President Obama and his cadre of progressive socialist democrats. Symptomatic of our last two Secretary’s of State, Marxist-worshiping Hillary Clinton and socialist John Kerry.

Time to clean house of radical progressive socialist democrats in the upcoming 2014 congressional election cycle. And, if we don’t remove those who deliberately damage America and Americans, America as we know it will cease to exist. In its place will be a socialist kleptocracy run by enlightened ideologues like Cass Sunstein and Valerie Jarrett through sock puppets such as Barack Obama.

-- steve

Children, Sex and Gangs in Medellin...

Insight Crime

Weekly InSight | 20 December 2013

This Week's Analysis
Children, Sex and Gangs in Medellin

sex workers medellin

In the slums of Medellin, Colombia, adolescent girls have become the spoils of war and merchandise for criminal gangs; they are raped, abused, trafficked and even have their virginities auctioned off to the highest bidder.

Revelations of Mexico's Knights Templar Indoctrination Manual

A handbook for new members of the Knights Templar reflects the unique space the gang has carved out for itself in Mexico's criminal landscape.

News

More News

Multimedia

cocaine seizuresPercentage of cocaine seizures attributed tovarious transit and destination countries.

bolivia cocaChart showing Bolivia's coca eradication is up in 2013, but cocaine seizures are down.

    linkedin


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And the winner for the
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Guns Save Lives


Link to Guns Save Lives

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Moms Demand Action and Mayors Against Illegal Guns Are Merging

Posted: 19 Dec 2013 11:30 AM PST

So, apparently Mayors Agains Illegal Guns and Moms Demand Action are merging to form some sort of new entity for Michael Bloomberg to pump tens of millions of dollars into. MAIG has been taking a lot of heat this year as it was revealed that Bloomberg was using New York City resources to host the […]

[Video] Concealed Carrier Chases Off Two Violent, Armed Robbers Following Store Robbery

Posted: 19 Dec 2013 09:24 AM PST

Two armed men entered a Minneapolis convenience store, walked around the store for a while, and then they made their true intentions known. The pair of men approached the counter, one of them pulled a gun on the store owner and walked around the back of the counter. The second suspect jumped right over the […]

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RT @anti_commie32: Keep up the great work!!! https://t.co/FIAnl1hxwG

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