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Who’s Up For Some Fresh Hot Executive Privilege?

obama-holder-noJustice

Judicial Watch: Obama Asserts Fast and Furious Executive Privilege Claim for Holder’s Wife

Judicial Watch announced today that it received from the Obama Department of Justice (DOJ) a “Vaughn index” detailing records about the Operation Fast and Furious scandal.  The index was forced out of the Obama administration thanks to JW’s June 2012 Freedom of Information Act (FOIA) request and subsequent September 2012 FOIA lawsuit (Judicial Watch v. Department of Justice (No. 1:12-cv-01510)).  A federal court had ordered the productioneric-holder-tall over the objections of the Obama Justice Department.

“This is the first time that the Obama administration has provided a detailed listing of all records being withheld from Congress and the American people about the deadly Fast and Furious gun running scandal.”

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[Check out John’s Fund's book, authored with Heritage’s Hans von Spakovsky: "Obama’s Enforcer: Eric Holder’s Justice Department"]

The document details the Attorney General Holder’s personal involvement in managing the Justice Department’s strategy on media and Congressional investigations into the Fast and Furious scandal.

Notably, the document discloses that emails between Attorney General Holder and his wife Sharon Malone – as well as his mother – are being withheld under an extraordinary claim of executive privilege as well as a dubious claim of deliberative process privilege under the Freedom of Information Act.  The “First Lady of the Justice Department” is a physician and not a government employee.

“The 1307-page ‘draft’ Vaughn index was emailed to Judicial Watch at 8:34 p.m. last night, a few hours before a federal court-ordered deadline.  In its cover letter, the Department of Justice asserts that all of the responsive records described in the index are ‘subject to the assertion of executive privilege’.”

This is the first time that the Obama administration has provided a detailed listing of all records being withheld from Congress and the American people about the deadly Fast and Furious gun running scandal. The 1307-page “draft” Vaughn index was emailed to Judicial Watch at 8:34 p.m. last night, a few hours before a federal court-ordered deadline.  In its cover letter, the Department of Justice asserts that all of the responsive records described in the index are “subject to the assertion of executive privilege.”

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“A week before the contempt finding, to protect Holder from criminal prosecution and stave off the contempt vote, President Obama asserted executive privilege over the Fast and Furious records the House Oversight Committee had subpoenaed eight months earlier.”

The Vaughn index explains 15,662 documents. Typically, a Vaughn index must: (1) identify each record withheld; (2) state the statutory exemption claimed; and (3) explain how disclosure would damage the interests protected by the claimed exemption.  Read the rest of this entry »

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POLL: America Is OUT OF CONTROL

panic-betty

out-of-control

Brietbart.comPolitico Poll: 64% Believe America Is Out of Control


The New York Times Endorsed a Secretive Trade Agreement that the Public Can’t Read

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For The Washington PostAndrea Peterson reports: The Obama administration is secretly negotiating a treaty that could have significant effects on domestic law. Officially, it’s a “free trade” treaty among Pacific rim countries, but a section of the draft agreement leaked in 2011 suggested that it will require signers, including the United States, to make significant changes to copyright law and enforcement measures.

 “…it seems strange for the Times to be opining on a treaty the public hasn’t gotten to see yet. If the Times has gotten a leaked copy of the report, it should publish it so the public can make up its own mind.”

Strangely, the administration seems to be encouraging the public to have a debate on the treaty before they know what’s in it. The Office of the United States Trade Representative has solicited comments about the treaty on its Web site, but there is no particularly detailed information about the content of the agreement, or a draft of the current version of the proposal. Read the rest of this entry »


Judge: IRS Obamacare Rule Is ‘Arbitrary, Capricious, and Abuse of Discretion’

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Currently, over a hundred lawsuits have been filed against Obamacare – and Obamacare has lost 91% of the cases decided to-date, (71 losses out of 78 decisions), according to the latest tally by The Beckett Fund.

“Today’s ruling is a consequential victory for the rule of law. The administration and its bureaucrats in the IRS handed out billions in illegal tax credits and subsidies and vastly expanded the reach of the health care law because they didn’t like the way Congress wrote the Affordable Care Act. That’s not how our system of government works.”

For CNS NewsCraig BannisterCraig Bannister Twitter7585 reports: In his decision, U.S. District Judge Ronald White concluded Tuesday that the IRS rule altering the Obamacare law and providing billions in subsidies is “arbitrary, capricious and abuse of discretion”:

“The court holds that the IRS rule is arbitrary, capricious, and abuse of discretion or otherwise not in accordance with law, pursuant to 5 U.S.C.706(2)(A), in excess of summary jurisdiction, authority or limitation, or short of statutory right, pursuant to 5 U.S.C. 706(2)(C), or otherwise is an invalidation of the ACA [Affordable Care Act], and is hereby vacated. The court’s order of vacatur is stayed, however, pending resolution of any appeal from thisobamacare-horror order.”

“Today’s decision is a reminder that the President’s broken promises of affordable, accessible health care are the result of broken policy. The Obama Administration has tried to make the law work with waivers and exemptions, but the courts continue to confront the legality of this legislation...”

– Senator Jim Inhofe

In September 2012, Oklahoma was the first of several states to challenge the legality of an IRS rule that caused billions in subsidies to be paid out, despite Congress having never authorized those payments. Read the rest of this entry »


Leaked Audio Recording of Confidential Meeting Reveals: 70% of Illegals Released by ICE Don’t Appear for Follow-up Appointments

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The AP reported in June that the administration would not say publicly how many immigrant families from Central America caught crossing into the U.S. it had released in recent months or how many of those subsequently reported back to the government after 15 days as directed. 

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“We only know this information because of a leaked audio recording (kudos to the whistleblower, whoever it is) from a meeting with anti-enforcement activists undoubtedly whining about how cruel ICE is.”

– Mark Krikorian

The AP noted that senior U.S. officials directly familiar with the issue, including at the Homeland Security Department and White House, had dodged the answer on at least seven occasions over two weeks, alternately saying that they did not know the figure or didn’t have it immediately at hand. The Homeland Security Department’s public affairs office during the same period did not answer roughly a dozen requests for the figures.

WASHINGTON (AP) —Alicia Caldwell reports: Tens of thousands of young families caught crossing the border illegally earlier this year subsequently failed to meet with federal immigration agents, as they were instructed, the Homeland Security Department has acknowledged privately.

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An official with U.S. Immigration and Customs Enforcement revealed that about 70 percent of immigrant families the Obama administration had released into the U.S. never showed up weeks later for follow up appointments.

More from National Review OnlineMark Krikorian comments:

This should come as no surprise to anyone with a pulse. Yet it appears that Obama-administration officials think the released illegals are like the cowboys in Blazing Saddles, lining up to put a dime in the lone toll booth in the middle of the desert instead of just going around it. (If the Central American illegal aliens were so punctilious about obeying rules, they wouldn’t have snuck into someone else’s country in the first place.)

It’s true that ICE needs more family detention capacity, which is the reason for the planned new detention center south of San Antonio. But DHS has plans for a migration emergency such as we saw this summer, and it never activated it. They won’t say what’s in the plan, but from how Haitian and Cuban outflows were handled at Gitmo, I’d assume tent cities to enable detention of 100 percent of illegals are part of it. Once the politically appointed suits decided not to activate the emergency plan, it was inevitable that most of the illegals would simply be let go, never to be seen again.

No wonder morale among DHS employees is “abysmal.”

The ICE official made the disclosure in a confidential meeting at its Washington headquarters with immigration advocates participating in a federal working group on detention and enforcement policies. The Associated Press obtained an audio recording of Wednesday’s meeting and separately interviewed participants. Read the rest of this entry »


AP Washington Bureau Chief: How the Obama Administration Blocks Information

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Associated Press Washington Bureau Chief Sally Buzbee offered eight ways that the Obama administration is “blocking information” at a recent joint meeting of news editors.

[Also see - BORDER SECRECY: FEDS MUM ON PROSECUTION OF ILLEGAL BORDER CROSSERS]

Via The Blaze‘s , Here are Buzbee’s top five ways how the Obama administration is “blocking” journalists from getting information:

1) As the United States ramps up its fight against Islamic militants, the public can’t see any of it. News organizations can’t shoot photos or video of bombers as they take off — there are no embeds. In fact, the administration won’t even say what country the S. bombers fly from.obamafromcar

2) The White House once fought to get cameramen, photographers and reporters into meetings the president had with foreign leaders overseas. That access has become much rarer. Think about the message that sends other nations about how the world’s leading democracy deals with the media:  Keep them out and let them use handout photos.

3) Guantanamo: The big important 9/11 trial is finally coming up. But we aren’t allowed to see most court filings in real time — even of nonclassified material. So at hearings, we can’t follow what’s happening. We don’t know what prosecutors are asking for, or what defense attorneys are arguing.

4) Information about Guantanamo that was routinely released under President George W. Bush is now kept secret. The military won’t release the number of prisoners on hunger strike or the number of assaults on guards. Photo and video coverage is virtually nonexistent.

5) Day-to-day intimidation of sources is chilling. AP’s transportation reporter’s sources say that if they are caught talking to her, they will be fired. Even if they just give her facts, about safety, for example. Government press officials say their orders are to squelch anything controversial or that makes the administration look bad.

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Buzbee also criticized the current administration for making Freedom of Information Act requests “slow and expensive.” Journalists are then forced to sue the government to force officials to respond, she said. Read the rest of this entry »


[VIDEO] Kerry’s Rendezvous with Reality: ‘Okay, We Can Call It ‘War’ if You Want’

Just Don’t Expect us to try To Win it or Anything

From The Corner, Katherine Connell has this: Secretary of State John Kerry reluctantly got on board with the Obama administration’s message that we are at war, in a sense, with the Islamic State.

“There’s frankly a kind of tortured debate going on about terminology.”

In an interview that aired this morning on CBS’s Face the Nation, Kerry addressed the fact that his rejection of the term to describe the U.S. action against the Islamic State was at odds with subsequent statements from the administration.

if you want to use it, yes we’re at war with ISIL in that sense…But I think it’s a waste of time to focus on that.”

Read the rest of this entry »


Quote of the Day: ‘We’re not at war with ISIS, we’re at war with the English language’

David A. Graham’s timely tweet (is that an original epigram, David? Update: he confirms it is) reminded me of this item from a few years ago, a reference to an ancient figure, before Reagan, before Clinton and Bush, even way back before Lyndon Johnson.

[Also see - John Kerry: America Isn’t at War with ISIS]

From a column by Roger Kimball

ObamaOrwell

March 27th, 2011, Roger Kimball writes:

…what Obama’s minions are calling our  “kinetic military activity” in Libya, I noted that the folks presiding over Orwell’s Newspeak would have liked the phrase “kinetic military activity.” As a mendacious and evasive euphemism for “war” it is hard to beat. But Orwell is not the only important thinker the Obama administration’s assault on the English language brings to mind. There is also Confucius.

…Asked by a disciple how to rule a state properly, Confucius replies that it begins with rectifying the Confuciusnames:

“If names be not correct, language is not in accordance with the truth of things. If language be not in accordance with the truth of things, affairs cannot be conducted successfully. When affairs cannot be conducted successfully, propriety will not flourish. When propriety does not flourish, punishments will not be properly meted out. When punishments are not properly meted out, the people will not know how to conduct themselves.”

That was written about 475 B.C. When will we catch up with its wisdom?

 


George Will: The IRS is Cuckoo Bananas Off the Rails Criminally Insane and It Is Now Thoroughly Corrupted

Okay, George didn’t say Cuckoo Bananas Off the Rails Criminally Insane, he just said off the rails and it is thoroughly corrupted. But, you get the idea…O-SMDGE-CONDENSED

“The IRS is the most intrusive and potentially punitive institution of the federal government and it is a law-enforcement institution and it is off the rails and it is now thoroughly corrupted.”

– George Will

From The Corner:

On Tuesday’s Special Report, George Will reacted to the revelation that the IRS destroyed Lois Lerner’s BlackBerry without searching it, after a congressional investigation into her conduct had begun.

[SMIDGEN REPORT: Federal Attorney Says Backup of Lois Lerner Emails Exist]

[SMIDGEN BOMB: There Are No Missing Lois Lerner E-mails, Justice Department Concedes ]

Will said he could hardly wait for IRS lawyers to show up in court and tell the judge it would be too onerous to stop obstructing justice in this case. Read the rest of this entry »


SMIDGEN BOMB: There Are No Missing Lois Lerner E-mails, Justice Department Concedes

This is a rather stunning admission: Justice Department attorneys have acknowledged that there are not, and have never been, any missing Lois Lerner e-mails. Judicial Watch, which has been pressing the IRS and the Obama administration for the Lerner e-mails in its Freedom of Information Act lawsuit, has just released this statement by JW president Tom Fitton:O-SMDGE-CONDENSED

Department of Justice attorneys for the Internal Revenue Service told Judicial Watch on Friday that Lois Lerner’s emails, indeed all government computer records, are backed up by the federal government in case of a government-wide catastrophe.  The Obama administration attorneys said that this back-up system would be too onerous to search.  The DOJ attorneys also acknowledged that the Treasury Inspector General for Tax Administration (TIGTA) is investigating this back-up system...(read more)

We obviously disagree that disclosing the emails as required would be onerous, and plan to raise this new development with Judge Sullivan.

This is a jaw-dropping revelation…(read more)

The press release is here

Read the rest of this entry »


[VIDEO] Mr. Exactly Backwards: The New Yorker’s David Remnick on ABC’s This Week

From The CornerIan Tuttle brings this:

The Obama administration has been “rather light on executive orders,” says David Remnick, editor of The New Yorker.

 “This business about a lawsuit and talk of impeachment is pathetic.”

On ABC’s This Week, apparently having dipped into the NYT’s cannabis stash before going on the air,  continues.

“It is a very sad spectacle, and history will look back on this Congress with a very, very critical eye.”

History will look back on which branch of the government with a very, very critical eye?

Later in the show, Remnick insisted that it was shameful that a majority of the Republican party was in favor of impeachment.

Really. A majority of the Republican party?

There you have it. If the editor of The New Yorker says it on ABC’s This Week, it must be true.

 

 


The Hammer: Amnesty via Executive Order an Impeachable Offense, But Impeachment Would Still Be Political Suicide

If Obama were to carry out his threat to use an executive order to grant amnesty to millions of illegals, Charles Krauthammer expressed this duality:gpoj-approved-panic

 “Clearly lawless and it would be biggest domestic overreach of a president in memory…an impeachable offense.”

And later added,

“I would be 100 percent against impeachment because it’s political suicide.”

See how that works? The political paradox for opponents of executive overreach: If a president has the majority of the media working to protect him, and his opponents are defenseless because of this historically unique opportunity — virtually immune to impeachment — why wouldn’t he abuse his authority?

[Also see: Jeff Sessions: House Border Bill Is a ‘Surrender To a Lawless President’]

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From today’s National Review Online: Talk of impeachment is a “concoction of Democrats,” but that doesn’t mean there isn’t a grander strategy by the White House and its congressional allies, Charles Krauthammer warned.

On Tuesday’s Special Report, he speculated that the Obama administration may be trying to exhaust the idea of impeachment and “softening people up for” when the president uses executive action to grant legal status and work authorization to millions of immigrants in the country illegally…(read more)

 National Review Online


[VIDEO] Tom Rogan: ‘Perception Abroad of Obama Is That He’s Disengaged’

Also see Tom Rogan’s essay at NRO“Words, Just Words”

“… Policy and rhetoric are effective when deployed together in pursuit of a goal. Yet, for the Obama administration, from the Middle East to Ukraine, American policy exists, rudderless, as pure rhetoric…”

“Whether it’s domestic or foreign policy, Obama has failed to build a bridge between words and action. Without such a bridge, the administration will sink in a morass of increasingly pointless speeches…” (read more)

— Tom Rogan is a blogger and a columnist for the Daily Telegraph. He is based in Washington, D.C., and tweets @TomRtweets.

 

 


Laws: Maybe We Should Write Them Down

Disdain for the letter of the law is complexly intertwined with the progressive imagination.

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Kevin D. Williamson — no slouch when it comes to precise language himself — has a must-read in this weekend’s National Review, reminding us that the “ancients understood something that has been neglected in recent centuries: Grammar is the foundation of logic.”

There will always be occasions for discretion and interpretation on legal questions, but it is not the case that such discretion should presumptively empower the IRS to do things that the IRS is not legally entitled to do simply because Barack Obama wishes it to be so. If history teaches us anything, it is that a system of law that presumptively sides with political power soon ceases to be any sort of system of law at all. Rather, it becomes a post facto justification for the will to power, an intellectual window dressing on might-makes-right rule.

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The matter addressed in Halbig is hardly the Obama administration’s first attempt to circumvent the law as written — see Hobby Lobby, etc. — nor is it the progressives’ only attempt to impose what they imagine to be enlightened ad-hocracy on the American people. The disdain for the letter of the law is complexly intertwined with the progressive managerial imagination: The law, in their view, is not something that limits the ambitions of princes, but something that empowers them to do what they see fit… (read more)

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From Halbig and Hammurabi

[Also see: Progressives Learn the Hard Way that the Constitution is Obstructionist]

[Kevin Williamson's book "The End Is Near and It's Going to Be Awesome: How Going Broke Will Leave America Richer, Happier, and More Secure" is available at Amazon]

National Review Online


Good News: Americans No Longer Required to Obey Laws, Regulations, or Court Decisions

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White House Signals Greater Flexibility and Autonomy, Encourages Non-Compliance for All Americans, All U.S. Laws and Regulations Subject to Individual Discretion

For The Daily CallerSarah Hurtubise reports: The Obama administration will continue handing out Obamacare subsidies to federal exchange customers despite a federal court’s ruling Tuesday that the subsidies are illegal.

A D.C. Court of Appeals panel ruled Tuesday morning that customers in the 36 states that didn’t establish their own exchange and use HealthCare.gov instead cannot be given premium tax credits, according to the text of the Affordable Care Act itself.

[White House on Obamacare Ruling: Letter of the Law Doesn’t Matter]

[RELATED: Federal Court Takes Down Obamacare: Subsidies In Federal Exchange Are Illegal]

[‘Court Upholds Obamacare; Liberals Hit Hardest’]

But the White House said in response that it will continue handing out the billions of taxpayer dollars in subsidies.  Read the rest of this entry »


The Hammer on Iranian Nuclear Program Negotiations: Obama Administration wants to ‘Come Up with a Fig Leaf of a Deal’

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At The Corner, this item from Molly Wharton:

Charles Krauthammer last night said that the Obama administration and Iran will agree to continue talks about the latter’s nuclear program this week because the administration wants to “come up with a fig leaf of a deal.”

This coming Sunday is six months from the signing of an interim agreement on the Iranian nuclear program, and that deal will have to be adjusted to continue talks. Read the rest of this entry »


[VIDEO] Kelly File Guest Ben Shapiro Blasts Obama Administration as ‘Anti-Israel’

Truth Revolt‘ editor Ben Shapiro labelled the Obama administration as being “anti-Israel”, basically a “Jew-hating” administration. With Israel and Hamas on the brink of open warfare, Shapiro detailed how Obama has supported Hamas with his silence, and pressured the Israeli’s to restrain their response.


In NSA-Intercepted Data, Those Not targeted Far Outnumber the Foreigners Who Are

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This is one of those big WaPo investigations that few traditional newspapers have the resources to do anymore. I recommend it, read the whole thing here.

For The Washington PostBarton GellmanJulie Tate, and Ashkan Soltani report:

Ordinary Internet users, American and non-American alike, far outnumber legally targeted foreigners in the communications intercepted by the National Security Agency from U.S. digital networks, according to a four-month investigation by The Washington Post.

[Also see: History lesson: The crucial differences between Bush and Obama's NSA phone surveillance programs]

Nine of 10 account holders found in a large cache of intercepted conversations, which former NSA contractor Edward Snowden provided in full to The Post, were not the intended surveillance targets but were caught in a net the agency had cast for somebody else.

The Post reviewed roughly 160,000 intercepted e-mail and instant-message conversations, some of them hundreds of pages long, and 7,900 documents taken from more than 11,000 online accounts.

Many of them were Americans. Nearly half of the surveillance files, a strikingly high proportion, contained names, e-mail addresses or other details that the NSA marked as belonging to U.S. citizens or residents. NSA analysts masked, or “minimized,” more than 65,000 such references to protect Americans’ privacy, but The Post found nearly 900 additional e-mail addresses, unmasked in the files, that could be strongly linked to U.S. citizens or U.S.residents.

The material spans President Obama’s first term, from 2009 to 2012, a period of exponential growth for the NSA’s domestic collection.

The surveillance files highlight a policy dilemma that has been aired only abstractly in public. There are discoveries of considerable intelligence value in the intercepted messages — and collateral harm to privacy on a scale that the Obama administration has not been willing to address.

Among the most valuable contents — which The Post will not describe in detail, to avoid interfering with ongoing operations — are fresh revelations about a secret overseas nuclear project, double-dealing by an ostensible ally, a military calamity that befell an unfriendly power, and the identities of aggressive intruders into U.S. computer networks. Read the rest of this entry »


Dawn of the Age of Oligarchy: the Alliance between Government and the 1%

Kevin Lamarque/Reuters

Kevin Lamarque/Reuters

Thanks to their cozy relationship with the Obama administration, a new class of super-wealthy oligarchs keeps getting more powerful while the country’s middle class shrinks.

For The Daily BeastJoel Kotkin writes: When our current President was elected, many progressives saw the dawning of a new epoch, a more egalitarian and more just Age of Obama. Instead we have witnessed the emergence of the Age of Oligarchy. The outlines of this new epoch are clear in numerous ways. There is the diminished role for small business, greater concentration of financial assets, and a troubling decline in home ownership
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[Also see A Glimpse into the Political Future - city-journal.org]
On a cultural level, there is a general malaise about the prospect for upward mobility for future generations.Not everyone is suffering in this new age. For the entitled few, these have been the best of times. With ever more concentration of key industries, ever greater advantage of capital over labor, and soaring real estate values in swanky places such as Manhattan or San Francisco which , as one journalists put it, constitute “vast gated communities where the one percent reproduces itself.” The top hundred firms on the Fortune 500 list has revenues, in adjusted dollars, eight times those during the supposed big-business heyday of the 1960s.
This shift towards oligarchy well precedes President Obama’s tenure. It was born from a confluence of forces: globalization, the financialization of the economy, and the shift towards digital technology. Obama is not entirely to blame, it is more than a bit ironic that these measurements have worsened under an Administration that has proclaimed income inequality abhorrent.
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[Check out Joel Kotkin's book The New Class Conflict at Amazon.com]

Despite this administration’s occasional rhetorical flourishes against oligarchy, we have seen a rapid concentration of wealth and depressed conditions for the middle class under Obama. The stimulus, with its emphasis on public sector jobs, did little for Main Street. And under the banner of environmentalism, green cronyism has helped fatten the bank accounts of investment bankers and tech moguls at great public expense.

Read the rest of this entry »


Obamacare: Good For Who? Big Insurers. Most Customers? Rate Hikes

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For The Daily Caller, Sarah Hurtubise reports:

Obamacare is looking better than ever for the biggest insurance companies, and they’re prioritizing boosted earnings over expanding Obamacare coverage, according to a memo from Moody’s Investor Service.

“The premium increases show that insurers have chosen to protect earnings margins rather than push membership growth.”

Moody’s is optimistic about insurers’ credit ratings, noting that more insurers are expected to join Obamacare exchanges or offer more plans — and fewer enrollees for each insurer is likely to be beneficial, given early reports that Obamacare customers’ are sicker and costlier to insure than other insurance pools.

[RELATED: Obamacare customers could be sicker than the rest of the country]

“Since the policy-buying population has an unknown medical status and potentially unfavorable risk characteristics, less membership, and therefore less risk, is credit positive,” Moody’s concluded. Read the rest of this entry »


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