The Hammer: Amnesty via Executive Order an Impeachable Offense, But Impeachment Would Still Be Political SuicidePosted: July 29, 2014
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:
“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?
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)
“… 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)
Disdain for the letter of the law is complexly intertwined with the progressive imagination.
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.
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)
From Halbig and Hammurabi
[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]
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 Caller, Sarah 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.
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’Posted: July 16, 2014
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.”
‘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.
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.
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 »
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.
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.
“We’re measuring them by the size of their mistakes, and that is amateur hour.”
From NRO‘s Molly Wharton: Former Navy SEAL and FBI special agent Jonathan Gilliam thinks that the Obama administration has shown it’s not up for the task of effectively and safely overseeing America’s wars, and the recent prisoner exchange of five high-level Taliban generals for American Bowe Bergdahl is just the latest example…
“I just don’t know where their politics end and their legality and their war-fighting start.”
“…the president is taking power for himself that the law didn’t give him — he’s explicitly contradicting it.”
– CNN legal analyst Jeffrey Toobin.
For NRO, Andrew Johnson: The Obama administration’s failure to notify Congress of the release of five Guantanamo Bay detainees ahead of his exchanging them for American soldier Bowe Bergdahl is a direct violation of the law, according to CNN legal analyst Jeffrey Toobin.
“It matters whether people follow the law or not…I think he clearly broke the law.”
“I think he clearly broke the law,” Toobin said on Monday, adding that the president’s signing statement in which he called the law unconstitutional does not automatically make it so…(read more)
[VIDEO] Suspending the Law: Constitutional Scholar Jonathan Turley on Obama Administration’s Selective EnforcementPosted: June 2, 2014
The president has a constitutional duty to “take Care that the Laws be faithfully executed.” Previous administrations have been criticized for overreaching — that is, going beyond what the law expressly authorizes. But the Obama administration has pioneered a new way to shirk this duty: suspension of the law. In numerous areas — including Obamacare implementation, immigration law, education funding, and environmental regulation — the administration has carried out its policy objectives not by exceeding the law’s limits but by picking and choosing which provisions to enforce.
Featuring Andrew M. Grossman, Adjunct Scholar, Cato Institute; Nicholas Quinn Rosenkranz, Professor of Law, Georgetown University Law Center; and Jonathan Turley, Professor of Law, George Washington University Law School; moderated by Ilya Shapiro, Senior Fellow in Constitutional Studies, Cato Institute.
In some cases it has relaxed legal requirements as an inducement for states to carry out its preferred policies, without any legal basis. In other cases, like immigration, it has established entirely new programs never authorized by Congress. And in every instance this approach has allowed the administration to avoid legal challenge by ensuring that no party suffers an injury sufficient to confer the legal “standing” necessary to bring suit. At least that’s been the working assumption — but it may not hold true in every instance.
“To say, ‘We can’t know what happened unless there’s investigation or until it comes in,’ is simply untenable…”
While the Obama administration has largely been able to fend off criticism from many of its looming controversies, it won’t be able to do the same with the mismanagement at the Department of Veterans Affairs given the wide scope and various reports and anecdotes of the problem, Charles Krauthammer said on Friday’s Special Report. Read the rest of this entry »
“It’s the issue of fair treatment. You know you don’t want to have a country where lady justice has one eye open and she winks at her friends and then gives the evil eye to her enemies.”
– Dinesh D’Souza
Megyn Kelly: It’s an end around the campaign finance laws.
Dinesh D’Souza: Yes. It’s an end around campaign finance law. I acknowledge responsibility. And I have — I did admit doing that from the beginning. But I did contest the issue of selective prosecution, why was I being — so, we made a motion before the judge on selective prosecution but in a ruling last week he said no you can’t bring that into the case. So what really happened is I was going into a trial with in a sense, no defense.
Megyn Kelly: Do you feel chilled at all from, you know, the kind of work you do, the kind of films you make now?
Dinesh D’Souza: Well, one thing, Megyn, I mean, this is been a bit of a scary process…