'Aiding and Abetting' – The demise of Congress over Debt

By SUA Staff – With the incessant ‘end runs’ around the Congress in his first four years, now it looks like the big one is before us – applying some arcane twisted logic that the 14th Amendment gives the President unfettered spending power. Now, the Majority Leader and other Democrats are ‘aiding and abetting’ that effort.

Though the Constitution reads as follows:

Section 7 – Revenue Bills, Legislative Process, Presidential Veto

All bills for raising Revenue shall originate in the House of Representatives; but the Senate may propose or concur with Amendments as on other Bills.

Additionally:

Section 8 – Powers of Congress

The Congress shall have Power To lay and collect Taxes, Duties, Imposts and Excises, to pay the Debts and provide for the common Defence and general Welfare of the United States; but all Duties, Imposts and Excises shall be uniform throughout the United States;

To borrow money on the credit of the United States; (read more here.)

If Obama declares that the 14th Amendment gives him such powers, effectively stripping them away from the House of Representatives, there will be a Constitutional crisis that MUST come before the Supreme Court. If that court does not see fit to stop him, possibly due to imminent retirements of Justices being replaced by liberals appointed by Obama, changing the 5-4 balance right to a 5-4 left or worse, our Congress shall at that time be rendered meaningless.

The Senate has already become meaningless since Harry Reid has already seen fit to ignore its primary purpose – passing a budget. He is in criminal contempt of the Constitution for not passing a budget in over 1,3o0 days, that is a complete abrogation of his oath and that of every Senator seated.

Only now are we finally hearing some elected officials accuse Reid of criminal negligence in the malfeasance of his and many others’ duties they swore to uphold and defend. Many ask if he is committing a felony or a misdemeanor, but either way its criminal:

I have one question about the way Majority Leader Harry Reid has been conducting the Senate. Has he committed a felony or a mere misdemeanor?

Majority Leader Harry’s transgression is that for over 1300 days he has failed to pass a budget. In fact, there is no evidence he has even tried. This is against the law. Federal law clearly requires the Congress to pass a budget every year. I presume the reasoning behind this is that the American people deserve to know what their taxes are paying for, or another way of putting it is, why are the American people being mulcted every year by the Internal Revenue Service to pay for Harry and his gang’s criminal activities? (Read more here.)

That of course means that the people will no longer have a voice in their government and our nation shall effectively become a dictatorship, especially if they somehow find a way to overturn the 22nd Amendment.

Senate Democrats to offer no-limit credit to Obama

By Neil Munro at the Daily Caller

Top Democratic leaders in the U.S. Senate have reportedly told the executive branch they won’t object if the president simply declares he has the power to impose even greater financial debts on Americans.

The announcement, leaked Jan. 10 by a Democratic aide to The Washington Post, would effectively give the White House the unprecedented power to borrow and spend as much money as it wishes — unless the Supreme Court intervenes.

If allowed to stand by the court, the decision by Senate Democrats would effectively gut the authority of Congress’ two bodies — the Senate and House of Representatives — to jointly govern borrowing by the executive branch.

“The four Democratic leaders — Senators Harry Reid, Chuck Schumer, Dick Durbin and Patty Murray — have privately reached agreement that continued GOP intransigence on the debt ceiling means the White House needs the space to pursue options for raising it that don’t involve Congress,” according to the report in the Post.

“The White House needs to know that Dems will support whatever it decides to do,” read the report.

GOP Senators have decried the self-imposed diminution of the Senate, which was once lauded as “world’s the greatest deliberative body.”

The Democrats’ offer “is not only the height of irresponsibility, but also a guarantee that our national debt crisis will only get worse,” said the Republicans’ Senate leader Mitch McConnell.

“Rather than offering any plan to break the spending habit that’s causing the problem, Democrats are looking at everything from the ridiculous (printing a trillion-dollar coin) to outright abdication of Congressional responsibility,” he said.

“Democrats in Washington are falling all over themselves in an effort to do anything they can to get around the law—and to avoid taking any responsibility for Washington’s out-of-control spending … which is why many of us view the upcoming debt limit debate as a perfect opportunity to face up to Washington’s spending,” he said.

Speaker of the House John Boehner also denounced the unprecedented move.

“Senate Democrats cannot ignore their responsibilities for political convenience — and the American people will not tolerate an increase in the debt limit without spending cuts and reforms,” said Boehner spokesman Michael Steel.

“Out-of-control Washington spending is costing jobs now, and condemning future generations of Americans to a lower standard of living. Washington Democrats must stop spending money we don’t have,” he said.

Congress’ sole authority over the nation’s debt is enshrined in Section 8 of Article 1 the Constitution, which says “Congress shall have the power to … borrow money on the credit of the United States.”

The Constitution does not give the executive branch any legal authority to borrow money from outsides sources.

The Congress’ power is implemented via the the Public Debts Acts of 1939 and 1941.

Amnesia or Perjury? – Holder’s Dubious History

Editor’s Note – Daily now, the news begs the question: Why is Holder still in office? Had previous Attorneys General performed, or failed to perform, with half the questionable history and background as has Holder, the entire media machine would have already filmed the perp-walk as they resigned from office in disgrace!

By Andrew C. McCarthy

NATIONAL REVIEW ONLINE

The AG’s Fast & Furious amnesia is reminiscent of his Marc Rich amnesia.

Eric Holder testifying before Congress about Fast & Furious

House Republicans are now calling for a special counsel to investigate whether Attorney General Eric Holder perjured himself in congressional testimony about the scandalous Fast & Furious program. Specifically, the attorney general claimed on May 3 that he had only “over the last few weeks” heard about the reckless gun-walking program his Justice Department was running with the Bureau of Alcohol, Tobacco, Firearms, and Explosives (ATF) — a program in which guns were steered to violent Mexican gangs with predictably lethal results, including the murder of a Border Patrol agent. Contrary to Holder’s testimony, it is now being reported that he had actually been receiving briefings on the program since early summer 2010.

I’m shocked, shocked to hear it.

In truth, I’d be very surprised if it turned out that Mr. Holder was as much in the dark as he claims. Fast & Furious was a very strange and controversial program, and there was plenty of Justice Department participation in it: ATF is a Justice Department agency; the investigation was being conducted jointly with a U.S. attorney’s office (i.e., a DOJ district office); the investigation featured eavesdropping applications, which have to go through the Justice Department; and White House officials were apparently being briefed about the program. It would be odd indeed if the AG were out of the loop. To be clear, though, I have no idea who knew what, and when. We’ll just have to see how that plays out.

For the moment, my point is simply this: No one ought to be surprised by what is happening. Readers may recall my vigorous contentions that Mr. Holder’s history should disqualify him from serving as attorney general. Here are some links:

President Obama should not have nominated him, and I urged that the Senate not confirm him. Beltway Republicans, however, rallied to Holder’s defense, and Senate Republicans dutifully joined their Democratic counterparts in overwhelmingly approving his appointment.

One of the many arguments I made was based on Holder’s record of providing misleading congressional testimony.

When he served as Clinton-administration deputy attorney general, Holder engineered the scandalous Marc Rich pardon by creating a rogue procedure that allowed the fugitive fraudster and his attorneys to appeal directly to President Clinton rather than go through DOJ’s regular pardon process. The regular process would have required input from the U.S. attorney’s office handling Rich’s case — the Southern District of New York, where I worked for many years (including when the pardon was granted). That input would have doomed the pardon by making Clinton undeniably aware of the nature and dimension of Rich’s criminal conduct.

By keeping the prosecutors who knew about Rich’s case out of the process, Holder ensured that Clinton was one-sidedly exposed to the Rich camp’s version of events. This greatly benefited Rich’s legal team, which was led by former Clinton White House Counsel Jack Quinn, a close confidant of Vice President Al Gore. When he was helping Rich in 1999 and 2000, Holder was hoping to be made attorney general in what Democrats were confident would be a Gore administration.

I don’t want to rehash all the unsavory details; I just want to focus on the following: When Clinton’s pardon of Rich blew up, Congress held hearings. Despite the fact that he had interceded on Rich’s (and Quinn’s) behalf even before the pardon shenanigans, Holder told the Senate Judiciary Committee in 2001, under oath, that “Mr. Rich’s name was unfamiliar to me” in 1999, when Quinn first beseeched Holder to help Quinn try to convince SDNY prosecutors to drop the charges. Holder elaborated that he had “gained only a passing familiarity with the underlying facts of the Rich case” when, in the ensuing months, he helped push for the pardon. He claimed that he had been too busy to inform himself about the case of the criminal for whom he was lobbying — a man who had been on the FBI’s top-ten list of wanted fugitives.

Based largely on Holder’s rambling and often incredible testimony, which stressed his purported ignorance of Rich’s background, a House investigation concluded that the “sum total” of Holder’s  “knowledge about Rich came from a page of talking points provided to him by Jack Quinn in 2000.” The House Government Operations Committee concluded that Holder’s behavior in the Rich affair had been “unconscionable,” but it took no further action.

Eight years later, when President Obama nominated him to be attorney general, Holder clung to his protestations of ignorance. At the nomination hearing, Arlen Specter, then the ranking Republican on the Senate Judiciary Committee, pointedly asked, “Were you aware of the kind of record this man [Rich] had?”

Here’s Holder’s response:

No I was not. And that was one of the mistakes that I made. I did not really acquaint myself with his record. I knew that the matter involved — it was a tax-fraud case; it was a substantial tax-fraud case. I knew that he was a fugitive. I did not know a lot of the underlying facts that you have described.

In written follow-up questions, Specter pressed again: “Did you receive information about the facts of the Rich case from anyone other than Mr. Rich’s attorney, Jack Quinn?”

Holder tersely responded, “No.”

Yet, as I pointed out in the days before Holder’s confirmation, none of this appears to have been true. It is a virtual certainty that Holder knew quite a bit about Rich, years before he was approached to assist the Rich pardon effort.
Before becoming deputy attorney general, Holder was the Clinton-appointed U.S. attorney for the District of Columbia. In 1995 — years before Holder got his talking points from Quinn — Holder’s office filed a civil suit against a Swiss trading company called Clarendon, Ltd. Why? Because, in obtaining $45 million in government contracts, Clarendon had concealed its intimate relationship with the dastardly, notorious federal fugitive . . . Marc Rich.

It turned out that Holder’s office had been conducting an investigation into Rich and his business interests for tax evasion and other suspicious activity. Not surprisingly, then, the civil complaint U.S. attorney Holder filed against Clarendon exuded familiarity with Rich. Indeed, the premise of the complaint was that Rich’s sordid history of fraud and his status as a fugitive from justice rendered him ineligible for government contracts. Therefore, the suit alleged, Clarendon was liable for hiding the fact that Rich controlled the company.

The complaint screams out knowledge of Rich’s corporate holdings and his tortuous efforts to obscure his connection to the company. Holder’s office also recounted that Rich had blatantly obstructed justice in a grand-jury investigation. One of his companies ended up paying $21 million in contempt fines, the complaint reported. And although a number of Rich companies ended up pleading guilty to various charges, Holder’s office took pains to point out that their “plea agreement did not resolve any of the personal charges pertaining to Rich” and his accomplice, Pincus Green. Those charges, the complaint asserted, “remained outstanding.”

And the matter doesn’t stop at the complaint. Holder’s office held extensive negotiations with Clarendon and, as it happens, Clarendon’s principal. Astoundingly, Holder’s office not only had discussions with company attorneys but actually accepted an affidavit from Rich — then one of the country’s most infamous fugitives — in the course of settling the case.

Ultimately, U.S Attorney Holder agreed to dismiss the case in exchange for a payment to the government of $1.2 million. Naturally, though, it was not enough just to reach a settlement. Justice Department officials like to trumpet the conclusion of their high-profile cases as successes, and D.C.’s United States attorney was no exception. On April 13, 1995, the Wall Street Journal reported Holder’s public announcement of the settlement and of the fact that his office was ending its probe of the Rich conglomerate.

To summarize, at the pardon hearings in 2001, Eric Holder testified before Congress that he had barely known who Marc Rich was when he went to bat for Rich in 1999 and 2000. At his confirmation hearing in 2009, Holder repeated this testimony that errors in judgment had stemmed from his failure to acquaint himself with Rich’s sordid record. In point of fact, however, Holder had actually overseen an investigation of Rich and his companies years earlier, precisely premised on the fact that a Rich company had hidden its connection to the fugitive and his extensive record of fraud and obstruction. Holder had even publicly announced a lucrative settlement.

Sound familiar?

None of this is new news. While the Senate was considering Holder’s nomination, I laid the facts out in an NRO column on January 21, 2009. Four days later, I reported that Holder had again claimed ignorance about Rich in his written answers to follow-up questions. I pleaded that he be further pressed on the matter — not only by Republicans but by Democrats who, during the tenure of Bush AG Alberto Gonzales, had been strident in emphasizing the obligation of attorneys general to provide Congress with truthful, accurate testimony.

Alas, Senate Republicans were apparently mollified by private assurances Holder reportedly made to them to the effect that, if he were confirmed, the Justice Department would not seek to prosecute officials involved in the Bush-era enhanced-interrogation program. (I’m constrained to observe that, in the event, Holder reopened investigations against CIA officers involved in the program and continued professional-responsibility probes of Bush DOJ officials who had provided opinions about the program’s legal validity.) Cowed by the prospect of opposing confirmation of the nation’s first African-American attorney general — as if there were anything wrong with rejecting a nominee of any heritage who had a record as checkered as Holder’s — the senators decided Holder’s troubling testimony was not worth pursuing. He was confirmed 75 to 21, with substantial GOP support.

You reap what you sow.

Andrew C. McCarthy, a senior fellow at the National Review Institute, is the author, most recently, of The Grand Jihad: How Islam and the Left Sabotage America.

MG Vallely: America’s 2011 Alert and National Call to Action

By MG Paul E. Vallely; US Army (ret.)

Edited by Scott W. Winchell

Yes, America, you are watching while Washington attempts to right itself, well at least in a political fashion it appears. Mr. Obama and his Progressive Socialists supporters/followers, Union Thugs, and ardent admirers are self-destructing from ineptitude but are not giving up on fundamentally changing America in 2011 and beyond. The memory and remembrance of 9/11 is being observed this week across the country, yet this administration deems it a Day of Service and Remembrance. All preceding our day we must NEVER FORGET. Our focus should be on resolve to never allow it to happen again, not to guilt folks into civil/socialistic volunteerism.

What does a country and its citizens do as their nation continues to decline in power, financial stability, and the security of its people, especially now on the 10th anniversary of 9/11? At this time, we do not have the leadership to right our ship in time to save the Republic from severe damage it appears. Mr. Obama, the great reader/orator as was evidenced by his jobs bill speech this week, continues to show his socialist agenda of spending the American peoples’ money first and misleading our country down a path of continual destruction instead of curtailing the cancerous cause of over-spending, rabid regulations, and class warfare. Instead of working to uphold his oath, he chose to set up a straw man in the person of the House of Representatives, specifically, the Republicans and the Tea-Party Caucus. His message is, and has always been, do as I like, or we will crucify you with labels and crass abasement. We’ll get you “Son’s-a B****es.

Mr. Obama chose to use the sacredness of giving a speech to a Joint Session of Congress to kick off his 2012 campaign for re-election in the vein of never letting a serious crisis go to waste. Yes, joblessness and fear is at all-time highs, but even the main stream media sees the obvious political advantage he seeks. That privilege is just another example of using his ‘bully pulpit’ for personal gain, and the advancement of his agenda FIRST, proving his fealty to something other than America itself. Instead, he chose to make a mockery of our system once again. He even said he would take his message across the land for the next 14 months. All the while, castigating Congress for only seeking re-election and not working to fix America, and helping re-create an environment to help job-creators to do just that. Congress, the President, and any federal offices do not create jobs, entrepreneurs do! Unless it’s another union, public sector job!

Obama Job Speech to Congress
Obama launches his "Jobs" plan to a joint session of Congress

Meanwhile, Al Qaeda and the perverted radical Islamists here and abroad are playing out their moves very judiciously and both Al Qaeda/Jihadists and Mr. Obama fully understand the domino effect of radical Islam, the caliphate, and Jihad. Threats in recent days building up to today’s remembrance, coupled with such avarice and narcissistic political gamesmanship are creating a vortex where the country is now in a flat-spin to destruction as my good friend USAF LG Tom McInerney would say!

The United States finds itself languishing in the ‘Sea of Ambiguity’ because of a lack of vision, wisdom, common sense, and courage of our elected and appointed leaders, or has a clear agenda to do harm. We have a President in the White House, A National Security Council, and State Department under Hillary Clinton, and the Defense Department that seem to be as “clueless” as ever in forward strategic thinking. Why?

Why are there no serious initiatives on the part of countries outside of the Middle East other than to destroy Israel, the United States, and the Western Christian-Judeo world as we have known it? Iran continues to stir the pot unmolested and no longer hesitates to state publicly that its forward defense line now passes through “Lebanon and Palestine.”

In practice, the Lebanese-Israeli border is in fact Israel’s border with Iran.

Let us not skip over the importance of Lebanon. Israel is now tightly surrounded by a well-organized radical Islamic effort, akin to the pre-1967 war status or worse. Enemies became peaceful neighbors, and now those peaceful neighbors are no more thanks to the ‘Arab-Spring’. The series of events in Egypt and the turmoil of the Middle East may be the pathway to nuclear confrontation.

A warning to our Generals and Admirals – re-position our forces now for future events or well shall all suffer, not if, but when! Do not be misled by the political leaders as we were in Vietnam. Your duty is to the constitution and the American People, first and foremost. Never say we are withdrawing our forces, instead seek to say VICTORY. As accomplished Generals and Admirals, you must reposition our forces to protect and secure America for today and tomorrow, now.

Stop this futile and wasteful “Nation Building” exercise in the Middle East. As I was told by a confidant years ago; a Lebanese Colonel: “never commit large land forces and develop bases in the Middle East” as the Middle East is a giant sponge that will soak and absorb all your human and financial resources. If enemies and threats reside in the Middle East, use US Joint Strike Forces and proxy forces only! Develop actionable intelligence, and destroy or neutralize the enemy from friendly “Lily Pads” and return to home base more safely.

We cannot permit the current leaders in the White House, the Halls of Congress and many judicial courts to continue in their efforts to lead us down this road of Progressive Socialism and chaos.

In our opinion, President Obama, his appointees and czars must be replaced immediately.

This is the current battle that we Constitutionalists face and we must be aggressive in our efforts. We must adhere to our Constitution. Obama will continue to bypass Congress and the people in his progressive agenda because that is who he is and that is what he believes he has the power to do. Congress, you must stand tall for the American people and enjoin the Supreme Court to halt Executive branch violations of the law and our Constitution.

Incompetence, treason, corruption, and dishonesty of officials now come into play as these relate to our National Security and Economy, and are the rationale for demanding resignations and a change of government.

My emphasis is a continued plea for Americans to Demand Resignation of these officials by the people of this country. We are at a point that if Demand Resignations and a new Congressional make up do not change the direction of the country then we must precede to Impeachment, arrests and a serious transfer of Power at the highest levels of government.

Lincoln issued this warning in his inaugural address:

“Any people anywhere, being inclined and having the power, have the right to rise up and shake off the existing government and form a new one. This is a most valuable and sacred right – a right which we hope and believe is to liberate the world.”

We are a representative republic; not a democracy, where “rising up” means other than revolution by use of arms; the people must “rise up” now. (Stand Up as we say now) Rise from the grass roots across this great country as we think of the greater good of this and future generations. We are limited in the peaceful transfer of power…resignation, elections, and impeachment, but these high bars must be overcome.

The Articles of Confederation were replaced with the Constitution, which granted the federal government enough authority to cultivate, promote, and secure the Blessings of Liberty. The balance of authority and individual liberty was understood. Power was confined to that which was enumerated in the Constitution with a certain and meaningful intent for check and balances. Sadly, all these lines have been crossed, broached, eroded away, or just plain ignored.

All branches of the federal government have increasingly acted against the best interests of the states and the people. It is now reaching farther and farther beyond the scope and authority granted by the U.S. Constitution. Today, the federal government functions with utter disdain for states’ and individual rights. With no venue available in which to demand redress of grievances in the legislative, executive, or judicial branches of the federal government at present, we have determined that the people of each state, via their elected state officials, must take broad but specific state measures to force the federal government to live within the confines of the U.S. Constitution, for the sake of the sovereign states and the citizens thereof.

In accordance with the U.S. Constitution, Congress and the federal government is denied the power to establish laws within the state which are repugnant and obtrusive to the U.S. Constitution, the State Constitution, state law and the citizens of the state. The Federal Government is restrained and confined in authority by the eighteen (18) items as set forth in Article I, Section 8 of the United States Constitution.

We must make it a local and State imperative and movement….of the People…by the People… and For the People.

“We, the People” have had enough. Enough is Enough.

The Obama White House and identifiable Members of Congress are now on a treasonous death march and are bankrupting the country beyond expectations. We have watched them violate their sacred oath of office. “We, the People” cannot necessarily wait for the next round of elections. It is now that many of these public servants (and you know who they are) must put the people and country interests above self-interest by resigning immediately. A civil uprising is still not out of the question as “pain” grips the country more each day. We are in a battle for the survival of the United States. This means raising your voice now to your neighbors, family, co-workers, and friends. Grass roots efforts have begun; it is now time to put this effort into over drive. America, stand tall together and we will weather the storm but we must act now!

Paul Vallely is Chairman of Stand Up America