Category Archives: Fraud & Corruption

No One Can Stop Her… And She Knows It: “This Election Won’t Be Fair”

In a fair election, my best estimate is that Donald Trump would win in a landslide.

But this election will not be fair. In fact, few of them are.

For Trump’s part, there is no doubt that he has been this year’s sensation. A newcomer to politics, he has thrown out all the conventional rules, played by his own, and found a captivated country hanging onto his every word. Love him, hate him, or somewhere in between… no one can look away from the spectacle.

After a war within the party and the convenient disposal of 16 conventional GOP contenders, Trump is now the official Republican candidate and he is in a strong position. Coming out of the relatively calm Republican National Convention and going into the tumultuous DNC, Trump has enjoyed soaring poll numbers while Hillary has been losing ground fast to the scandals and corruption revealed by Wikileaks and other related mouthpieces.

But the fat lady has not sung.

Hijacking the Party, Keeping Dissent Under Wraps

Hillary’s coronation last night as she formally accepted her party’s nomination could hardly have been more forced. The entire Democratic convention has been stage-managed to downplay the overwhelming noise from Bernie supporter who are outraged and feel betrayed by Hillary.

The entire convention has had a certain air to it, a quality that reveals the desperation for power, and the crisp sense of danger that brings with it.

Protesters Rage Against the DNC: “Hillary Didn’t Get the Nomination. The Nomination Was Stolen”

To a casual observer, things might look typical enough, with a few sore losers and pipe dreamers wishing for an ideal country run by decent and fair people that either don’t exist or haven’t figured out how to win an election. But things are not typical – the paradigm is shifting. Politics realigns every 30 years or so, or at least that is the maxim that has held in political science. Only, the last shift has been 30 or 40 years overdue.

There is a reason for that, and the establishment has been fighting to stop the change for the past generation. They have faked out the cycle and kept the population under their thumb (when was the last time you saw a “real” presidential election that wasn’t a means to keeping the status quo?)

But delaying the inevitable won’t hold.

Why Trump Should Win…

As Michael Moore argued, Trump has been preaching the gospel of restoring America’s manufacturing, and is working to woo and turn to “red” the “blue” Rust Belt states where Americans once had strong middle class jobs, especially in Michigan, Ohio, Pennsylvania and Wisconsin. According to Moore’s numbers (which are cited to motivate support for Hillary and opposition to Trump), if Trump captures those key states in addition to the red states that Mitt Romney, a weak candidate, won in 2012, then Trump should win the electoral college:

I believe Trump is going to focus much of his attention on the four blue states in the rustbelt of the upper Great Lakes – Michigan, Ohio, Pennsylvania and Wisconsin. Four traditionally Democratic states – but each of them have elected a Republican governor since 2010 (only Pennsylvania has now finally elected a Democrat). In the Michigan primary in March, more Michiganders came out to vote for the Republicans (1.32 million) that the Democrats (1.19 million). Trump is ahead of Hillary in the latest polls in Pennsylvania and tied with her in Ohio. Tied? How can the race be this close after everything Trump has said and done? Well maybe it’s because he’s said (correctly) that the Clintons’ support of NAFTA helped to destroy the industrial states of the Upper Midwest.

In fact, Moore is right. Nobody wants any more Flint, Michigans (where the water is contaminated and poverty seems to be airborne and contagious), least of all Michael Moore.

Trump’s appeal is much broader than just his sensational antics and controversial statements. He is resonating with America because he is speaking to the wounds of those struggling to cling to what’s left of the middle class American Dream.

And the strength of Trump’s position there is buttressed by the cold fact that the Clinton’s strong support for NAFTA played a major role in the downward spiral of the Rust Belt, and many other parts of the United States.

Trump’s appeal to bringing jobs back to America has to sound like not only a good campaign strategy, but an actual sound idea.

Things have reached a point where nearly every American – regardless of how little they pay attention to news and world affairs – is feeling the damage that has been done. NAFTA, GATT, the WTO and an entire shift into pseudo-governing structures of globalism that have eaten away at the sovereignty of the United States and devoured the prosperity of its people have taken a serious toll on our way of life. And we have all been programmed to take it lying down.

The steady flow of funny money, artificially pumped out by the Federal Reserve has kept many from noticing it, but the real world effects are still hitting people on the street. Not only does the dollar not go as far as it used to, but everything in life is increasing in cost, and getting watered down in value and substance. Society is acting out one big charade, and pretending not to notice the outrage, dissent and anger seeping through the cracks and edges.

Inevitable and determined to win at all costs

Rather than let that burst on her watch, and during the only opportunity she has left in this lifetime, Hillary Clinton and her minions have rearranged all the deck chairs in her favor to force a win. It certainly hasn’t come from the grassroots. Where necessary, the Democratic party has fudged primaries and stolen them outright. The mainstream media has been scripted around her as an anointed figure who is untouchable and beyond reproach. They have stifled exposure of Bernie and would have done so to any other rival… if only any others had dared to enter the race.

Instead, the campaign to elect Hillary became an unrelenting junta to force her into office in spite of the will of the people, the rules of the game or the ever-expanding negative image of the former First Lady, Senator and Secretary of State whose corruption and ties to bad deeds are both legendary and sufficiently documented to warrant life without parole.

There was a never a realistic chance that Hillary would be prosecuted or even reprimanded over her email scandals, because the fix was in a long time ago. Those who would theoretically hold her into account were appointed by her husband, or by President Obama, and their cooperation was assured in private.

Though many have argued that you can’t put lipstick on a pig, that is exactly what has taken place. 2016 is more of a farce than ever… and there is still another round to go.

Only One Persons Stands Between Her and the Presidency

Can anyone else see that the most rigged and stolen election of all time is shaping up? If the Democratic party doesn’t want Hillary, what makes anyone think the entire country wants anything to do with her?

Before you answer that openly, make a strong educated guess about who the next president is going to be… and how many bodies she will have to climb over to get there.

What Wikileaks exposed with Debbie Wasserman Schultz and the DNC, and what the emails have revealed about Hillary and the Clinton Foundation are surely only the tip of the iceberg. The stories of the delegates who were silenced or kicked out of the convention, and many other deceitful acts to destroy dissent and keep up appearances suggest some of the rest of the story… and it is anything but democratic or “of the people” – though very likely the whole of it will never be known.

There is something very, very wrong going on and it is time that everyone – regardless of ideology, party affiliation or politics – needs to face up to. Preliminary evidence indicates strongly that there has been a very carefully orchestrated coup taking place… and if successful, it will have only one logical conclusion:

Total power, at any price, with a facade of support and momentum that just isn’t there from anyone other than a handful of elite billionaires, and a cadre of clients with addresses that are either foreign or based on Wall Street.

If you missed the convention coverage, then you have got to see Hillary playing with the balloons after her speech.

There really is no wondering who she is concerned about… herself, of course.

As I mentioned above, it is reminiscent – even spot on – of Charlie Chaplin’s amazing parody in The Great Dictator, where his version of a Hitler-esque autocrat toys with the world as his plaything.

We are in for a world of hurt if what I think is going to happen turns out. The entire democratic process is being pushed back under the water, and a crude, fake smile is broadcast for appearances, while holding it all down.

Source

EPA’s Playbook Unveiled: A Story of Fraud, Deceit and Secret Science

Part 1 :: How This Phony CIA Agent Pulled Off a ‘Scam’ to Impose Environmental Regulations on Americans

Kevin Mooney / @KevinMooneyDC / February 10 2015

Remember the EPA bureaucrat who got caught receiving $900,000 in pay without working because he claimed he also was employed by the CIA?

According to a report from the Senate Environment and Public Works Committee, the man, former climate policy expert John Beale, “retired” when questions arose about his spotty attendance and expense records.

Only he didn’t file his retirement paperwork and continued to draw an active-duty salary for some time after. His boss at the time in the EPA’s Office of Air and Radiation, now-EPA Administrator Gina McCarthy, knew this for about seven months and did nothing to stop it.

>>> This is the first of a two-part series.

“On March 29, 2012, an OAR official raised concerns about Beale’s retirement when he informed McCarthy that Beale was still on payroll,” the report stated.

“Despite being aware of the fact that one of her subordinates was collecting a paycheck without providing any work product, this arrangement continued for seven more months before McCarthy ever contacted Beale.”

In December 2012, McCarthy met with Beale for the first time in nearly 15 months, and he informed her that he was no longer planning on retiring. Two more months passed before concerns with Beale were officially reported to the inspector general. On April 30, 2013, McCarthy had cause to fire Beale, but instead elected to allow him to voluntarily retire with full benefits.

Liz Purchia, press secretary for McCarthy, told The Daily Signal in an email: “[McCarthy] believed he was retired, and [that] was the reason he was not in the office.”

How Did He Do It?

According to the Senate report, Beale’s career at the EPA was marked by relentless dishonesty on matters large and small and a cadre of supervisors who, like McCarthy apparently in the matter of his retirement pay, enabled his self-dealing behaviors.

He claimed an injury so he could ride first-class on flights for government business, which in one case drove the ticket price from $1,000 to $14,000. He forged expense forms, claimed to be away on CIA business for 2½ years worth of work days and flew to Los Angeles and stayed in posh hotels on the EPA’s tab for family visits that had nothing to do with agency work.

Few even attempted to question Beale’s frequent absences, enormous expense reports, exorbitant salary—he retired as the agency’s highest-paid employee—and lack of accountability. He was personally popular, well-connected and believed to be among the agency’s most effective employees.

But Beale’s greatest deception has nothing to do with first-class flights and fancy hotels.

Beale, who is serving a 32-month sentence in the federal prison in Cumberland, Md., for pleading guilty to felony theft of government property, spent most of his career devising regulations under the Clean Air Act that are justified by science few have seen and no one has peer-reviewed, according to the Senate report.

“We should all question how John Beale became a senior official at the EPA and played a major role in long-lasting policy decisions while pulling off a scam I thought only Hollywood could make up,” Sen. David Vitter, R-La., told The Daily Signal.

“But this egregious case helped us successfully reveal how EPA has wasted taxpayer resources and mismanagement in a manner that is far too common.”

John Beale and the Clean Air Act

Beale’s penchant for bilking the EPA out of money eroded the trust Americans place in their government and EPA employees place in their superiors and coworkers. But it was the role he played beginning in the mid-1990s in creating and implementing regulations pursuant to Clean Air Act that continues to reverberate and linger at the expense of the American people.

Staffers with the Senate Environment and Public Works Committee set out last year to probe the relationship between “sue-and-settle” arrangements and evidence they had uncovered that pointed to the manipulation of scientific data.

What they discovered, as detailed in their report, titled “EPA’s Playbook Unveiled: A Story of Fraud, Deceit and Secret Science,” was how agency officials concealed and misled about the science that underpinned its most significant initiatives and silenced and marginalized their own internal watchdog offices, which enabled the agency to greatly overstate the benefits and underestimate the costs of its Clean Air Act rulemaking.

Under the Clean Air Act, the EPA is required to create National Ambient Air Quality Standards for particulate matter and ozone. The American Lung Association sought to jumpstart this process with a so-called “sue-and-settle” suit filed in 1995.

The idea behind “sue-and-settle” is for friendly plaintiffs to sue a government agency, work out agreeable terms—perhaps even beforehand—and emerge with a court order to implement rules or regulations that could not have been achieved through the democratic or even regulatory process.

The American Lung Association suit resulted in a consent decree that called for the EPA to propose final standards for particulate matter by Nov. 29, 1996, and issue the standards by July 19, 1997. The decree set no deadline for ozone standards because they had been reviewed in 1993 and were not up for another review until 1998.

But Beale and Robert Brenner, his best friend and erstwhile boss, made what documents called a “policy call” and seized on the urgency to produce new particulate matter standards to rush through a new ozone standard as well.

This put the agency in the position of advancing two regulatory standards simultaneously, which it had never done. And it put the agency and those charged with reviewing such regulations, including the Clean Air Scientific Advisory Committee, under impossible deadline pressure.

Why Beale Was Emboldened

The EPA admitted in court papers filed pursuant to the American Lung Association lawsuit that any period shorter than Dec. 1, 1998, for promulgation of the particulate matter standard “would require the EPA to reach conclusions on scientific and policy issues with enormous consequences for society before it has had an adequate opportunity to collect and evaluate pertinent scientific data” and that further time was needed to reach a “sound and scientifically supportable decision.”

Beale had no time for that. He needed an ally to move things along and found one in Carol Browner, the Al Gore acolyte and former staffer who served as administrator of the EPA through both terms of the Clinton administration. Beale formed a close relationship with her and met with her multiple times per week to discuss his progress on this.

The urgency, as well as his influence with the boss and an unwillingness of others at EPA to block him, gave Beale “the mechanism he needed to ignore opposition to the standards.”

Beale’s efforts to include ozone in the new regulations proved expensive for Americans.

The EPA estimated the cost at $2.5 billion, but its estimate was based on receiving the full benefits of cutting ozone but achieving only a partial attainment of the standards, which the law did not permit. The Council of Economic Advisers also measured the cost and found it to be $60 billion—24 times the EPA estimate.

Indeed, as was the case with him getting away with not showing up for work and submitting exorbitant expense reports, succeeding in this regulatory sleight of hand only emboldened Beale to go further.

‘Hidden and Unverified’

That first round of standards, which regulated coarse particulate matter, such as pollen and dust, became known as PM10. But Beale wanted more.

In 1997, with the backing of his superiors, he sought to engage the agency in regulating fine particulate matter—particles a fourth the size of those regulated under PM10 and too small to be visible to the human eye.

But to enact these regulations, EPA first had to produce scientific research that established these smaller particles posed a threat to humans.

To accomplish this, Beale pulled data from two controversial studies—the Harvard Six Cities Study and an American Cancer Society study known as ACSII. The data was not trusted. The air advisory committee pointed out it had not been peer-reviewed, and others indicated Beale was exaggerating the findings for his desired result.

Further undermining those studies’ credibility is that even now, 20 years later, EPA still refuses to release the data, despite McCarthy’s promise to do so during her confirmation hearings.

Though Beal is out of the picture and in prison, his rulemaking techniques he employed to advance the 1997 National Ambient Air Quality Standards for ozone and particulate matter remain firmly entrenched.

“This effort codified EPA’s now customary practice of using fine particulates (PM2.5) to inflate the benefits of nearly all regulations issued under the Clean Air Act,” the Senate report concludes. “Yet the science supporting nearly all of EPA’s alleged benefits remain hidden and unverified.”

Part 2 :: EPA Under Fire for Concealing Controversial Scientific Data, Silencing Skeptics

Kevin Mooney / @KevinMooneyDC / February 11, 2015

For more than 15 years, the Environmental Protection Agency has resisted releasing data from two key studies to the general public and members of Congress. Government regulators used those studies to craft some of the most expensive environmental rules in U.S. history.

When skeptics within the federal government questioned and challenged the integrity of the studies—the Harvard Six Cities Study and an American Cancer Society study known as ACS II—they were silenced and muzzled.

That’s when the Republican staff on the Senate Environment and Public Works Committee stepped in to shine light on the situation, revealing the scope of the scandal in in a report titled, “EPA’s Playbook Unveiled: A Story of Fraud, Deceit and Secret Science.”

>>> This is the second of a two-part series. Read the first part: How This Phony CIA Agent Pulled Off a ‘Scam’ to Impose Environmental Regulations on Americans

The key player in the scandal is John Beale, who was sentenced to serve 32 months in federal prison on Dec. 18, 2013, after pleading guilty to stealing almost $900,000 from U.S. taxpayers.

It was in 1994 that Beale first began to beguile EPA employees and supervisors into believing he worked for the CIA. When he failed to report for work, Beale would enter “D.O. Oversight” on his calendar, which meant he was a director of operations responsible for covert operations at the CIA.

But it was the role Beale played beginning in the mid-1990s in creating and implementing regulations pursuant to Clean Air Act that continues to reverberate and linger at the expense of the American people.

Two Allies at the EPA

Over the past decade, evidence has emerged to reveal the Six Cities and ACS II studies did not support enacting one of the most controversial, far-reaching and expensive regulations in American history. Otherwise, the agency would have provided access to the data without a fight.

The political appointees who led the EPA at the time feared the consequences of enacting such a regulation without being able to offer scientific evidence of its necessity.

Beale needed an ally. He needed someone to explain the problems with the research and the reasons the data could not be released. Someone who could run interference with various actors in Washington. He found one in top EPA official Robert Brenner.

Brenner had recruited Beale, his former Princeton University classmate, to the EPA as a full-time employee in 1989.

Brenner, then deputy director of the EPA’s Office of Policy Analysis and Review within the Office of Air and Radiation, hired his friend despite Beale’s lack of legislative or environmental policy background. He also placed Beale in the highest pay scale for general service employees—a move typically reserved for those with extensive experience.

He then allowed Beale to collect retention bonuses, which go to only the most highly qualified employees to keep them from jumping ship—an unlikely scenario for a man who had picked apples and worked in a small-time law firm in Minnesota before joining the agency. Employees are supposed to be eligible for such bonuses—potentially worth as much as a fourth of the employee’s annual salary—for only three years, but Brenner helped Beale receive them for more than 10.

The two would work together at the EPA for 25 years—during which time the Office of Policy Analysis and Review would grow “in both scope and influence” as Beale and Brenner worked in tandem to muzzle dissenting voices within the White House Office of Information and Regulatory Affairs (OIRA) and the EPA’s Clean Air Scientific Advisory Committee.

‘Beale Memo’ Details Regulatory Agenda

At the crux of their agenda—the initiative that would build their legend within the agency—was implementation of a fine particle standard regulating air pollution.

The formula had been set with the American Lung Association sue-and-settle agreement and codified in a confidential document known as the “Beale Memo,” which described how Beale pressured regulatory and clean air bodies to back off criticisms of EPA rulemaking both within the agency and in correspondence with members of Congress.

The EPA attempted to conceal this document from Sen. David Vitter’s committee investigators, but a conscientious whistleblower “turned it over surreptitiously,” the report said.

The memo outlined how Beale and Brenner would work to compress the time the Office of Information and Regulatory Affairs and the voluntary Clean Air Scientific Advisory Committee had to review regulations so they could get away with using “secret science.”

The Clean Air Scientific Advisory Committee opposed from the start the move to regulate fine particulate matter. Members claimed there was no precedent or court order to establish these regulations, that research had not distinguished between dangers posed by PM 10 particles and those a fourth that size under PM 2.5, and that the PM 2.5 target was arbitrary and tied to no known science. (PM stands for particle matter, a term “for particles found in the air, including dust, dirt, soot, smoke, and liquid droplets,” according to EPA.)

Further, the committee, known as CASAC, complained it was being asked to do the work that took eight years on the previous air quality review in 18 months.

“The Beale memo is interesting in that it provides evidence of Beale’s direct role in ensuring concerns raised by other agencies, CASAC members and OIRA were not considered in the final rulemaking,” wrote Luke Bolar, spokesman for Vitter, in an email to The Daily Signal.

“While there were major concerns with the science and the cost-benefit analysis as outlined in comments filed on the rule, the Beale memo was written to push back against OIRA publicizing those concerns,” Bolar added. “They didn’t have to directly ‘blunt’ criticism, as Beale got his way through his close ties to Mary Nichols (then head of the Office of Air and Radiation) and Carol Browner (EPA administrator.”

Long-Lasting Impact

Efforts to slow Beale, Brenner and their highly charged regulations failed. As a result, today the “co-benefits” of PM 2.5 are used to justify almost the entirety of the Obama administration’s air quality initiatives even though the immediate benefits still have yet to be proven.

“There is no watchdog now inside the EPA,” laments Steve Milloy, the former editor of JunkScience.com, which has posted a fact sheet that debunks the EPA’s PM 2.5 claims. “Whatever the EPA wants it gets. The agency is allowed to run rampant. There was a time when OIRA use to have stopping power, but now it’s just ignored. OIRA has become a rubber stamp.”

This is especially true of PM 2.5, Milloy says. “There is no real world evidence” PM 2.5 has caused sudden or long-term death, he said. “The claim that PM 2.5 kills people is at the heart and soul of how the EPA is selling these regulations. But it’s a claim that’s not supported by the facts or evidence. The EPA has rigged the whole process.”

Indeed, the purported co-benefits have become the benefits, according to Vitter’s report.

“Historically, EPA used co-benefits in major rules as one of several benefits quantified to justify a rule in the RIA,” the report says. “Yet, at the beginning of the Obama administration, there was a ‘trend towards almost complete reliance on PM 2.5-related health co-benefits.’ Instead of being an ancillary benefit, EPA started using PM 2.5 co-benefits as essentially the only quantified benefit for many CAA regulations.”

The Senate report claims all but five air pollution rules crafted between 2009 and 2011 listed PM 2.5.

Lack of Transparency at EPA

The Clean Air Act requires EPA to set air quality standards to protect public health with an “adequate margin of safety.” In its review of the National Ambient Air Quality Standards, the EPA considers factors such as the nature and severity of health effects, the size of the at-risk groups affected and the science.

Several exhaustive scientific reviews prior and subsequent to the 1997 standards were conducted following open, public processes that allowed for public review and comment prior to updating the standards.

EPA press secretary Liz Purchia told The Daily Signal in an email that the process is open enough.

The National Ambient Air Quality Standards are bolstered by “sound science and legal standards,” she said, and “several exhaustive scientific reviews prior and subsequent to the 1997 standards were conducted following open, public processes that allowed for public review and comment prior to updating the standards.”

She added:

Beale’s involvement in no way undermines the rational basis for the agency’s decisions nor the integrity of the administrative process. Reducing the public’s exposure to ground-level ozone and PM protects millions of Americans from costly and dangerous illness, hospitalization, and premature death.

All that may be true, but the EPA still won’t provide the underlying data to put the matter to rest.

Vitter and his team say this is because the EPA can continue to overstate the benefits and understate the costs of federal regulations—just as Beale did in the 1990s.

“This technique has been applied over the years and burdens the American people today, as up to 80 percent of the benefits associated with all federal regulations are attributed to supposed PM 2.5 reductions,” the report states.

Source

Ebola Czar :: President Obama Already Has An Ebola Czar. Where Is She?

By Mollie Hemingway
October 14, 2014

As the Ebola situation in West Africa continues to deteriorate, some U.S. officials are claiming that they would have been able to better deal with the public health threat if only they had more money.

Dr. Francis Collins, who heads the National Institutes of Health (NIH), told The Huffington Post, “Frankly, if we had not gone through our 10-year slide in research support, we probably would have had a vaccine in time for this that would’ve gone through clinical trials and would have been ready.” Hillary Clinton also claimed that funding restrictions were to blame for inability to combat Ebola.

Conservative critics have pointed out that the federal government has spent billions upon billions of dollars on unnecessary programs promoting a political agenda rather than targeting those funds to the fight against health threats.

Other limited government types point to the Progressive utopian foolishness seen in opposing political factions, both sides of which seem to agree humanity could somehow escape calamity if only we had a properly functioning government. People who don’t want an all-powerful government shouldn’t blame it for not having competence when crisis strikes.

What’s particularly interesting about this discussion, then, is that nobody has even discussed the fact that the federal government not ten years ago created and funded a brand new office in the Health and Human Services Department specifically to coordinate preparation for and response to public health threats like Ebola. The woman who heads that office, and reports directly to the HHS secretary, has been mysteriously invisible from the public handling of this threat. And she’s still on the job even though three years ago she was embroiled in a huge scandal of funneling a major stream of funding to a company with ties to a Democratic donor—and away from a company that was developing a treatment now being used on Ebola patients.

Before the media swallow implausible claims of funding problems, perhaps they could be more skeptical of the idea that government is responsible for solving all of humanity’s problems. Barring that, perhaps the media could at least look at the roles that waste, fraud, mismanagement, and general incompetence play in the repeated failures to solve the problems the feds unrealistically claim they will address. In a world where a $12.5 billion slush fund at the Centers for Disease Control and Prevention is used to fight the privatization of liquor stores, perhaps we should complain more about mission creep and Progressive faith in the habitually unrealized magic of increased government funding.

Lay of the Land

Collins’ NIH is part of the Health and Human Services Department. Real spending at that agency has increased nine-fold since 1970 and now tops $900 billion. Oh, if we could all endure such “funding slides,” eh?

Whether or not Dr. Collins’ effort to get more funding for NIH will be successful—if the past is prologue, we’ll throw more money at him—the fact is that Congress passed legislation with billions of dollars in funding specifically to coordinate preparation for public health threats like Ebola not 10 years ago. And yet the results of such funding have been hard to evaluate.

See, in 2004, Congress passed The Project Bioshield Act. The text of that legislation authorized up to $5,593,000,000 in new spending by NIH for the purpose of purchasing vaccines that would be used in the event of a bioterrorist attack. A major part of the plan was to allow stockpiling and distribution of vaccines.

Just two years later, Congress passed the Pandemic and All-Hazards Preparedness Act, which created a new assistant secretary for preparedness and response to oversee medical efforts and called for a National Health Security Strategy. The Act established Biomedical Advanced Research and Development Authority as the focal point within HHS for medical efforts to protect the American civilian population against naturally occurring threats to public health. It specifically says this authority was established to give “an integrated, systematic approach to the development and purchase of the necessary vaccines, drugs, therapies, and diagnostic tools for public health medical emergencies.”

Last year, Congress passed the Pandemic and All-Hazards Preparedness Reauthorization Act of 2013 which keep the programs in effect for another five years.

If you look at any of the information about these pieces of legislation or the office and authorities that were created, this brand new expansion of the federal government was sold to us specifically as a means to fight public health threats like Ebola. That was the entire point of why the office and authorities were created.

In fact, when Sen. Bob Casey was asked if he agreed the U.S. needed an Ebola czar, which some legislators are demanding, he responded: “I don’t, because under the bill we have such a person in HHS already.”

The Invisible Dr. Lurie

So, we have an office for public health threat preparedness and response. And one of HHS’ eight assistant secretaries is the assistant secretary for preparedness and response, whose job it is to “lead the nation in preventing, responding to and recovering from the adverse health effects of public health emergencies and disasters, ranging from hurricanes to bioterrorism.”

In the video below, the woman who heads that office, Dr. Nicole Lurie, explains that the responsibilities of her office are “to help our country prepare for, respond to and recover from public health threats.” She says her major priority is to help the country prepare for emergencies and to “have the countermeasures—the medicines or vaccines that people might need to use in a public health emergency. So a large part of my office also is responsible for developing those countermeasures.”

Or, as National Journal rather glowingly puts it, “Lurie’s job is to plan for the unthinkable. A global flu pandemic? She has a plan. A bioterror attack? She’s on it. Massive earthquake? Yep. Her responsibilities as assistant secretary span public health, global health, and homeland security.” A profile of Lurie quoted her as saying, “I have responsibility for getting the nation prepared for public health emergencies—whether naturally occurring disasters or man-made, as well as for helping it respond and recover. It’s a pretty significant undertaking.” Still another refers to her as “the highest-ranking federal official in charge of preparing the nation to face such health crises as earthquakes, hurricanes, terrorist attacks, and pandemic influenza.”

Now, you might be wondering why the person in charge of all this is a name you’re not familiar with. Apart from a discussion of Casey’s comments on how we don’t need an Ebola czar because we already have one, a Google News search for Lurie’s name at the time of writing brings up nothing in the last hour, the last 24 hours, not even the last week! You have to get back to mid-September for a few brief mentions of her name in minor publications. Not a single one of those links is confidence building.

So why has the top official for public health threats been sidelined in the midst of the Ebola crisis? Only the not-known-for-transparency Obama administration knows for sure. But maybe taxpayers and voters should force Congress to do a better job with its oversight rather than get away with the far easier passing of legislation that grants additional funds before finding out what we got for all that money we allocated to this task over the last decade. And then maybe taxpayers should begin to puzzle out whether their really bad return on tax investment dollars is related to some sort of inherent problem with the administrative state.

The Ron Perelman Scandal

There are a few interesting things about the scandal Lurie was embroiled in years ago. You can—and should—read all about it in the Los Angeles Times‘ excellent front-page expose from November 2011, headlined: “Cost, need questioned in $433-million smallpox drug deal: A company controlled by a longtime political donor gets a no-bid contract to supply an experimental remedy for a threat that may not exist.” This Forbes piece is also interesting.

The donor is billionaire Ron Perelman, who was controlling shareholder of Siga. He’s a huge Democratic donor but he also gets Republicans to play for his team, of course. Siga was under scrutiny even back in October 2010 when The Huffington Post reported that it had named labor leader Andy Stern to its board and “compensated him with stock options that would become dramatically more valuable if the company managed to win the contract it sought with HHS—an agency where Stern has deep connections, having helped lead the year-plus fight for health care reform as then head of the Service Employees International Union.”

The award was controversial from almost every angle—including disputes about need, efficacy, and extremely high costs. There were also complaints about awarding a company of its size and structure a small business award as well as the negotiations involved in granting the award. It was so controversial that even Democrats in tight election races were calling for investigations.

Last month, Siga filed for bankruptcy after it was found liable for breaching a licensing contract. The drug it’s been trying to develop, which was projected to have limited utility, has not really panned out—yet the feds have continued to give valuable funds to the company even though the law would permit them to recoup some of their costs or to simply stop any further funding.

The Los Angeles Times revealed that, during the fight over the grant, Lurie wrote to Siga’s chief executive, Dr. Eric A. Rose, to tell him that someone new would be taking over the negotiations with the company. She wrote, “I trust this will be satisfactory to you.” Later she denied that she’d had any contact with Rose regarding the contract, saying such contact would have been inappropriate.

The company that most fought the peculiar sole-source contract award to Siga was Chimerix, which argued that its drug had far more promise than Siga’s. And, in fact, Chimerix’s Brincidofovir is an antiviral medication being developed for treatment of smallpox but also Ebola and adenovirus. In animal trials, it’s shown some success against adenoviruses, smallpox, and herpes—and preliminary tests show some promise against Ebola. On Oct. 6, the FDA authorized its use for some Ebola patients.

It was given to Ebola patient Thomas Eric Duncan, who died, and Ashoka Mukpo, who doctors said had improved. Mukpo even tweeted that he was on the road to recovery.

Back to that Budget

Consider again how The Huffington Post parroted Collins’ claims:

Money, or rather the lack of it, is a big part of the problem. NIH’s purchasing power is down 23 percent from what it was a decade ago, and its budget has remained almost static. In fiscal year 2004, the agency’s budget was $28.03 billion. In FY 2013, it was $29.31 billion—barely a change, even before adjusting for inflation.

Of course, between the fiscal years 2000 and 2004, NIH’s budget jumped a whopping 58 percent. HHS’s 70,000 workers will spend a total of $958 billion this year, or about $7,789 for every U.S. household. A 2012 report on federal spending including the following nuggets about how NIH spends its supposedly tight funds:

  • a $702,558 grant for the study of the impact of televisions and gas generators on villages in Vietnam.
  • $175,587 to the University of Kentucky to study the impact of cocaine on the sex drive of Japanese quail.
  • $55,382 to study hookah smoking in Jordan.
  • $592,527 to study why chimpanzees throw objects.

Last year there were news reports about a $509,840 grant from NIH to pay for a study that will send text messages in “gay lingo” to meth-heads. There are many other shake-your-head examples of misguided spending that are easy to find.

And we’re not even getting into the problems at the CDC or the confusing mixed messages on Ebola from the administration. CDC director Tom Frieden noted: more here

Indeed. The Progressive belief that a powerful government can stop all calamity is misguided. In the last 10 years we passed multiple pieces of legislation to create funding streams, offices, and management authorities precisely for this moment. That we have nothing to show for it is not good reason to put even more faith in government without learning anything from our repeated mistakes. Responding to the missing Ebola Czar and her office’s corruption by throwing still more money, more management changes, and more bureaucratic complexity in her general direction is madness.

Whistleblower: Lerner Emails Found Last Week

7-23-2014
National Report

Jeffery Whitman, an employee of the IRS in the Information Technologies Division, has come forward with allegations that the missing Lerner emails were actually found a little over a week ago. Whitman states that while performing repair and maintenance on a series of server banks that had been taken of line due to hardware issues in 2011, he stumbled across a back-up catch for the Tax Exempt Division that was headed by Lerner. Contained within the backup was a significant, though incomplete, portion of the Lerner emails that have been sought after by Congressional Republicans.

Whitman states that he spent about ten minutes looking through the emails before notifying the office of his Division, Terry Millholand, that he had located the previously “lost” emails of Lois Lerner. Within twenty minutes personal aids of IRS Commissioner John Koskinen arrived at Whitman’s work area and took custody of the tapes. “They thanked me profusely”, said Whitman. “They were emphatic that it was a great service I’d done for the organization by finding these files. They told me that the Commissioner wanted to meet me and personally thank me for providing the information which would put all the scandal talk to rest. And that I should keep the discovery secret until the Commissioner announced it”.

But Whitman didn’t meet Commissioner Koskinen. In fact he didn’t hear anything about the emails he’d found from anybody, for days. “After four days I tried to contact Chief Mullholand’s office and was informed that he was unavailable”, stated Whitman. “I tried to call on the fifth day and the sixth, both with the same results. I was finally told, by Mullholand’s secretary, that I had been mistaken, and that upon further review it had been determined that what I had found were not Lerner’s missing emails. I was then asked to stop calling.”

Whitman then attempted to contact both the offices of Chief Counsel Thomas Kane and Commissioner Koskinen but was met with the same message of mistake and wall of silence that he had received from his own division head. “It was obvious that I was being ignored and let known that I should just be quiet”, said Whitman. ” I had a chance to look through some of those emails, and even one of the few I saw seemed to confirmed, in part, some of the charges that have been made against her.”

“After I had contacted Chief Mullholand’s office my surprise wore off a little bit and I tried to make a copy of the emails on a flash drive I keep on my keychain”, stated Whitman. “Unfortunately it was almost full and I was only able to fit a very small portion of the emails on to it. Before I had a chance to notice that the drive was full and hadn’t downloaded a significant portion of the emails the Commissioners men had shown up and taken the server tapes away. ”

Whitman contacted the office of Darrell Issa, head of the House Committee on Oversight and Government Reform, told them his story and furnished the congressman with a copy of the portion of the emails he was able to obtain. Congressman Issa is expected to bring the matter to committee on Monday following the break. A spokesman for the IRS Commissioner’s office has called Whitman’s claims baseless and the result of “derangement”. Recently Chief Counsel Kane has begun to backpedal on his previous statements that the Lerner emails had definitely been lost. This has fueled speculation in Washington as to wether Kane is hedging his bets, recognizing the harm Whitman’s information could do. Commissioner Koskinen has remained unwavering though, stating that anything Whitman may have provided to Congressman Issa would clearly be fabricated evidence. Commissioner Koskinen is noted to be a political appointee of President Barak Obama.

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Do the Fed’s Really Own the Land in Nevada? Nope!

April 19, 2014
by Martin Armstrong

QUESTION: Is it true that nearly 80% of Nevada is still owned by the Federal Government who then pays no tax to the State of Nevada? This seems very strange if true as a backdrop to this entire Bundy affair.

You seem to be the only person to tell the truth without getting crazy.

Thank you so much

HF

REPLY: The truth behind Nevada is of course just a quagmire of politics. Nevada was a key pawn in getting Abraham Lincoln reelected in 1864 during the middle of the Civil War. Back on March 21st, 1864, the US Congress enacted the Nevada Statehood statute that authorized the residents of Nevada Territory to elect representatives to a convention for the purpose of having Nevada join the Union. This is where we find the origin of the fight going on in Nevada that the left-wing TV commenters (pretend-journalists) today call a right-wing uprising that should be put down at all costs. The current land conflict in Nevada extends back to this event in 1864 and how the territory of Nevada became a state in order to push through a political agenda to create a majority vote. I have said numerous times, if you want the truth, just follow the money.

The “law” at the time in 1864 required that for a territory to become a state, the population had to be at least 60,000. At that time, Nevada had only about 40,000 people. So why was Nevada rushed into statehood in violation of the law of the day? When the 1864 Presidential election approached, there were special interests who were seeking to manipulate the elections to ensure Lincoln would win reelection. They needed another Republican congressional delegation that could provide additional votes for the passage of the Thirteenth Amendment to abolish slavery. Previously, the attempt failed by a very narrow margin that required two-thirds support of both houses of Congress.

The fear rising for the 1864 election was that there might arise three major candidates running. There was Abraham Lincoln of the National Union Party, George B. McClellan of the Democratic Party, and John Charles Frémont (1813–1890) of the Radical Democracy Party. It was actually Frémont who was the first anti-slavery Republican nominee back in the 1940s. During the Civil War, he held a military command and was the first to issue an emancipation edict that freed slaves in his district. Lincoln maybe credited for his stand, but he was a politician first. Lincoln relieved Frémont of his command for insubordination. Therefore, the Radical Democracy Party was the one demanding emancipation of all slaves.

With the Republicans splitting over how far to go with some supporting complete equal rights and others questioning going that far, the Democrats were pounding their chests and hoped to use the split in the Republicans to their advantage. The New York World was a newspaper published in New York City from 1860 until 1931 that was the mouth-piece for the Democrats. From 1883 to 1911 it was under the notorious publisher Joseph Pulitzer (1847–1911), who started the Spanish-American war by publishing false information just to sell his newspapers. Nonetheless, it was the New World that was desperately trying to ensure the defeat of Lincoln. It was perhaps their bravado that led to the Republicans state of panic that led to the maneuver to get Nevada into a voting position.

The greatest fear, thanks to the New York World, became what would happen if the vote was fragmented (which we could see in 2016) and no party could achieve a majority of electoral votes. Consequently, the election would then be thrown into the House of Representatives, where each state would have only one vote. Consequently, the Republicans believed they needed Nevada on their side for this would give them an equal vote with every other state despite the tiny amount of people actually living there. Moreover, the Republicans needed two more loyal Unionist votes in the U.S. Senate to also ensure that the Thirteenth Amendment would be passed.  Nevada’s entry would secure both the election and the three-fourths majority needed for the Thirteenth Amendment enactment.

The votes at the end of the day demonstrate that they never needed Nevada. Nonetheless, within the provisions of the Statehood Act of March 21, 1864 that brought Nevada into the voting fold, we see the source of the problem today. This Statehood Act retained the ownership of the land as a territory for the federal government. In return for the Statehood that was really against the law, the new state surrendered any right, title, or claim to the unappropriated public lands lying within Nevada. Moreover, this cannot be altered without the consent of the Feds. Hence, the people of Nevada cannot claim any land whatsoever because politicians needed Nevada for the 1864 election but did not want to hand-over anything in return. This was a typical political one-sided deal.

Republican Ronald Reagan had argued for the turnover of the control of such lands to the state and local authorities back in 1980. Clearly, the surrender of all claims to any land for statehood was illegal under the Constitution. This is no different from Russia seizing Crimea. The Supreme Court actually addressed this issue in Pollard’s Lessee v. Hagan, 44 U.S. 212 (1845) when Alabama became a state in 1845. The question presented was concerning a clause where it was stated “that all navigable waters within the said State shall forever remain public highways, free to the citizens of said State, and of the United States, without any tax, duty, impost, or toll therefor imposed by said State.” The Supreme Court held that this clause was constitutional because it conveys no more power over the navigable waters of Alabama to the Government of the United States than it possesses over the navigable waters of other States under the provisions of the Constitution.”

The Pollard decision expressed a statement of constitutional law in dictum making it very clear that the Feds have no claim over the lands in Nevada. The Supreme Court states:

The United States never held any municipal sovereignty, jurisdiction, or right of soil in and to the territory of which Alabama, or any of the new States, were formed, except for temporary purposes, and to execute the trusts created by the acts of the Virginia and Georgia legislatures, and the deeds of cession executed by them to the United States, and the trust created by the treaty of the 30th April, 1803, with the French Republic ceding Louisiana.

So in other words, once a territory becomes a state, the Fed must surrender all claims to the land as if it were still just a possession or territory.

Sorry, but to all the left-wing commentators who call Bundy a tax-cheat and an outlaw, be careful of what you speak for the Supreme Court has made it clear in 1845 that the Constitution forbids the federal rangers to be out there to begin with for the Feds could not retain ownership of the territory and simultaneously grant state sovereignty. At the very minimum, it became state land – not federal.

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Connect the Dots :: Questions Raised About Senator Reid’s Connection to Bundy Ranch Dispute

Written by  Warren Mass

The standoff between Nevada rancher Cliven Bundy and the federal Bureau of Land Management (BLM) deescalated on April 12, when the bureau announced that it will stop its operation to confiscate Bundy’s cattle.

But another aspect to this ongoing story is jumping: The blogosphere is alive with allegations that Senator Harry Reid (pictured), and his son, Rory, have motivations of their own for wanting Bundy’s cattle off the disputed lands.

Though the major media announced that a “deal” had been reached between Bundy and the BLM, Bundy explained what transpired differently in an interview with KLAS TV in Las Vegas: “There is no deal here. The citizens of America and Clark County went and took their cattle. There was no negotiations. They took these cattle. They are in possession of these cattle and I expect them to come home soon.”

The BLM stated in its statement released on April 12: “Based on information about conditions on the ground, and in consultation with law enforcement, we have made a decision to conclude the cattle gather because of our serious concern about the safety of employees and members of the public.”

The BLM’s language made apparent that the bureau still regarded its actions “to remove illegal cattle from federal land consistent with court orders” as being legally justified:

This is a matter of fairness and equity, and we remain disappointed that Cliven Bundy continues to not comply with the same laws that 16,000 public lands ranchers do every year. After 20 years and multiple court orders to remove the trespass cattle, Mr. Bundy owes the American taxpayers in excess of $1 million. The BLM will continue to work to resolve the matter administratively and judicially.

As William F. Jasper noted in his April 11 article about the standoff, however, there was more to the federal action to remove Bundy’s cattle from “public lands” (where they are, allegedly, damaging the “fragile” habitat of the protected desert tortoise) than has been widely reported:

According to Bundy, whose family has been ranching in the area since the 1800s, the BLM’s armed invasion and occupation of Nevada has nothing to do with protecting the tortoise and everything to do with running him off the land, as it has already done to all of the other ranchers in Clark County.

As for the BLM’s assertion that its actions “to remove illegal cattle” are legally justified, among the many points that Joe Wolverton II made in his April 12 article charging that the seizure of Bundy’s cattle was unconstitutional was this citation from Section 1 of the Nevada constitution, titled “Inalienable Rights”:

All men are by Nature free and equal and have certain inalienable rights among which are those of enjoying and defending life and liberty; Acquiring, Possessing and Protecting property and pursuing and obtaining safety and happiness.

Wolverton observed: “Despite the Nevada constitution’s capitulation to supreme federal authority (authority, remember, that does not exist in the Constitution) … it could be argued [that the above-quoted language from Section 1] supersedes the other article’s cession of state and popular sovereignty.”

That which is unconstitutional, therefore, cannot properly be called legal.

As the tension between Bundy and the BLM ratchets down, a number of conservative bloggers and pundits have raised questions about another angle in this case: Does the BLM want Bundy’s cattle off the land his family has worked for over 140 years in order to free up the land for the construction of solar panel power stations?

That question was prompted, in part, by since-deleted information previously posted on the BLM website, information retrieved from Google’s cache.

The text of a BLM document retrieved from Google’s cache and posted by Liberty News Online contains the following chronology of events:

• “In 1993, some of the terms of Mr. Bundy’s grazing permit for the Bunkerville allotment were modified to protect the desert tortoise.”

• “In 1998, the United States filed a civil complaint against Mr. Bundy for his continued trespass grazing in the Bunkerville Allotment.”

• “In 1999, the Las Vegas Field Office Resource Management Plan designated the Bunkerville allotment as ‘Closed to Grazing’ to protect desert tortoise habitat.”

• “In March 2011, BLM counted 903 cattle from a helicopter spread out over approximately 90 miles in northeast Clark County within the Gold Butte area … 41 percent had either brands or earmarks registered to Cliven Bundy.”

• “In May 2012, the United States filed a Complaint seeking declaratory and injunctive relief for Cliven Bundy’s trespass grazing within the Gold Butte area outside the Bunkerville Allotment.”

A PDF of the BLM’s document, “Regional Mitigation strategy for the Dry Lake Solar energy Zone: Technical Note 444,” produced by the BLM in March, can be found online.

Technical Note 444 states that the “’Regional Mitigation Strategy for the Dry Lake Solar Energy Zone’ recommends a strategy for compensating for certain unavoidable impacts that are expected from the development of the Dry Lake Solar Energy Zone (SEZ) in southern Nevada.”

Technical Note 444 states: “The resource values found in the Gold Butte ACEC are threatened by: unauthorized activities, including off-road vehicle use, illegal dumping, and trespass livestock grazing ; wildfire; and weed infestation.” (Emphasis added.)

The above-referenced BLM “Technical Note 444” specifically mentions the Gold Butte Area of Critical Environmental Concern (ACEC) 76 times. While the document expresses many environmental concerns, including “trespass livestock grazing,” it is important to keep in mind that the title of the document reveals the BLM’s ultimate objective, which is to create a “solar energy zone.”

One of the references listed in Technical Note 444 is “Final Programmatic Environmental Impact Statement (PEIS) for Solar Energy Development in Six Southwestern States. FES 12- 24, DOE/EIS-0403,” published jointly by the Bureau of Land Management (BLM) and the U.S. Department of Energy (DOE). The PEIS, notes TN 444, “assessed the impact of utility-scale solar energy development on public lands in the six southwestern states of Arizona, California, Colorado, Nevada, New Mexico, and Utah.”

The BLM and the DOE’s joint venture is — stated concerns about tortoises aside — about the generation of solar energy.

An article published by The New American in September 20012 noted that Rory Reid, the eldest son of Senate Majority Leader Harry Reid (D-Nev.), is the chief representative for ENN Energy Group, a Chinese firm planning to build a $5-billion solar plant on public land in Laughlin, Nevada.

The plan generated a great deal of controversy because Clark County officials voted to sell ENN the public land for $4.5 million, a figure far below its $38.6-million appraised value.

It is important to recognize that the land on which Bundy grazes his cattle is not the same land that ENN sought near Laughlin, which is over 200 miles away. However, the Bundy grazing land is within the BLM’s Dry Lake Solar Energy Zone, an area the BLM and DOW also want to use for “utility-scale solar energy development,” whether constructed by ENN or someone else. As blogger and candidate for the U.S. House of Representatives from California’s 8th District Rodney Lee Conover recently wrote:

As part of the plan for the Dry Lake solar zone, any solar developers are expected to pay into a fund to “mitigate” the Gold Butte area. However, the “mitigation” activities can’t take place with cattle grazing in the area. If the mitigation doesn’t take place, no money for the BLM.

Conover’s assertions are supported by the BLM’s document entitled “Cattle Trespass Impacts,” which states that grazing by Bundy’s cattle “impacts” solar development, more specifically the construction of “utility-scale solar power generation facilities” on “public lands.”

“Non-Governmental Organizations have expressed concern that the regional mitigation strategy for the Dry Lake Solar Energy Zone utilizes Gold Butte as the location for offsite mitigation for impacts from solar development, and that those restoration activities are not durable with the presence of trespass cattle,” an article by Kit Daniels posted by Infowars quoted the document.

Motivations are not always easy to prove, but in this case, Senator Reid’s hand has shown up more than once. The BLM’s principal deputy director, Neil Kornze, previously served as Senator Reid’s senior policy advisor. And we have noted Rory Reid’s role as the chief representative for China’s ENN Energy Group, which has sought to develop solar energy in Nevada. Whether these suspicions are proof of wrongful or illegal acts remains to be seen.

However, one thing is evident from what has transpired in Nevada: The federal government has reneged on a long-standing arrangement made by a rancher in good faith by which he and his family have earned a living for generations. In so doing, they have run roughshod over the rights of a U.S. citizen and have employed constitutionally dubious means to do so. If justice prevails, some judge with respect for the Constitution may follow the example of Chief Judge Robert C. Jones of the Federal District Court of Nevada. Last year — in the case of U.S. v. Hage — Jones issued an impassioned preliminary bench ruling in which he charged federal officials of the U.S. Forest Service (USFS) and the Bureau of Land Management (BLM) with an ongoing series of illegal actions against Nevada rancher E. Wayne Hage. Jones described the bureaucrats’ actions as “abhorrent” and a literal, criminal conspiracy.

Which is a pretty apt description of the BLM’s recent actions against Cliven Bundy.

Related articles:

Last Man Standing: Nevada Ranch Family in Fedgov Face-off

Bundy’s Case: Feds Do Not Own the Land Where His Cattle Graze

BLM’s Seizure of Nevada Rancher’s Land Rights Unconstitutional

Harry Reid Bolsters Son’s Interests in Chinese Solar Plant Deal

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The Scheme behind the Obamacare Fraud

Lies smooth the transition to a fundamental transformation of our health-care system.

November 23, 2013 4:00 AM
By Andrew C. McCarthy

Fraud can be so brazen it takes people’s breath away. But for a prosecutor tasked with proving a swindle — or what federal law describes as a “scheme to defraud” — the crucial thing is not so much the fraud. It is the scheme.

To be sure, it is the fraud — the individual false statements, sneaky omissions, and deceptive practices — that grabs our attention. As I’ve recounted in this space, President Obama repeatedly and emphatically vowed, “If you like your health-insurance plan, you can keep your health-insurance plan, period.” The incontrovertible record — disclosures by the Obama administration in the Federal Register, representations by the Obama Justice Department in federal court — proves that Obama’s promises were systematically deceitful. The president’s audacity is bracing, and not just because he lies so casually while looking us in the eye. Obama also insults our intelligence. It is one thing to tuck evidence of falsehood into a few paragraphs on page 34,552 of a dusty governmental journal no one may ever look at. It is quite something else to announce it in a legal brief publicly filed in a case of intense interest to millions of Americans aggrieved by Obamacare’s religious-liberty violations. To be so bold is to say, in effect, “The public is too ignorant and disengaged to catch me, and the press is too deep in my pocket to raise alarms.”

Still, to show that politicians lie is like pointing out that it gets dark at night. The lie, the fraud, does not tell us why they lied in this instance. The fraud does not tell us what the stakes are. To know that, we must understand the scheme — the design.

The point of showing that Obama is carrying out a massive scheme to defraud — one that certainly would be prosecuted if committed in the private sector — is not to agitate for a prosecution that is never going to happen. It is to demonstrate that there is logic to the lies. There is an objective that the fraud aims to achieve. The scheme is the framework within which the myriad deceptions are peddled. Once you understand the scheme, once you can put the lies in a rational context, you understand why fraud was the president’s only option — and why “If you like your plan, you can keep your plan” barely scratches the surface of Obamacare’s deceit.

In 2003, when he was an ambitious Illinois state senator from a hyper-statist district, Obama declared:

I happen to be a proponent of a single-payer universal health-care program. I see no reason why the United States of America, the wealthiest country in the history of the world, spending 14 percent of its gross national product on health care, cannot provide basic health insurance to everybody. . . . Everybody in, nobody out. A single-payer health care plan, a universal health care plan. That’s what I’d like to see. But as all of you know, we may not get there immediately.

That is the Obamacare scheme.

It is a Fabian plan to move an unwilling nation, rooted in free enterprise, into Washington-controlled, fully socialized medicine. As its tentacles spread over time, the scheme (a) pushes all Americans into government markets (a metastasizing blend of Medicare, Medicaid, and “exchanges” run by state and federal agencies); (b) dictates the content of the “private” insurance product; (c) sets the price; (d) micromanages the patient access, business practices, and fees of doctors; and (e) rations medical care. Concurrently, the scheme purposely sows a financing crisis into the system, designed to explode after Leviathan has so enveloped health care, and so decimated the private medical sector, that a British- or Canadian-style “free” system — formerly unthinkable for the United States — becomes the inexorable solution.

Once you grasp that this is the scheme, the imperative to lull the public with lies makes sense. Like all swindles, Obamacare cannot work if its targeted victims figure out the endgame before it is a fait accompli.

The president is a community organizer in the Saul Alinsky tradition. He is trained to adopt the language and co-opt the sensibilities of the masses in order to become politically viable; then, once raw power is acquired, the Alinskyite uses every component of it to thwart opposition in patient but remorseless pursuit of the given “social justice” goal. Consequently, in pursuit of health-care statism, Obama moderated his rhetoric over the years, but not his ideological goals. He stressed pragmatism: a gradual campaign that kept the ultimate prize in sight. “I don’t think we’re going to be able to eliminate employer coverage immediately,” he told his hard-Left base at a 2007 SEIU health-care forum. “There’s going to be potentially some transition process. I can envision a decade out or 15 years or 20 years out.”

There’s that word: transition. It’s the route “change” takes to reach its final destination: “fundamental transformation.” If you’re paying attention, you’ll hear the word transition a lot in Obama’s health-care speeches. You’ll also find it in that Justice Department brief the administration no doubt wishes Eric Holder’s minions had edited more furtively:

The [Affordable Care Act’s] grandfathering provision’s incremental transition does not undermine the government’s interests in a significant way. Even under the grandfathering provision, it is projected that more group health plans will transition to the requirements under the regulations as time goes on. [Officials of the Department of Health and Human Services] have estimated that a majority of group health plans will have lost their grandfather status by the end of 2013 [emphasis added].

Understand what this studiously unthreatening, gradualist gobbledygook means. A “group health plan” is employer-provided insurance; the phrase thus blithely refers to the “transition” of 156 million Americans who get health insurance for themselves and their families through work. It does not mention the so-called individual market, consumers who buy health insurance on their own. That’s because the administration assumes the “transition” of those 25 million Americans from their preferred plans to Obamacare will already have progressed well toward completion. And indeed it has, as we have seen in the millions of cancellation notices reported in the last six weeks.

The Justice Department’s assertion, based on the administration’s internal analyses, conveys that by the third year of Obamacare’s implementation — “the end of 2013,” which has since been extended by a year due to Obama’s “waiver” of the employer mandate — more than half of those 156 million group policies will have lost their “grandfather status.” “Grandfathering” is the mirage Obama projected for his illusory “if you like your plan, you can keep your plan” guarantee.

You couldn’t keep your plan because Obamacare mandates made it impossible for private insurers to offer it. The mandates essentially require that everything and everyone be covered — even though you do not need coverage for everything (e.g., 23-year-old men do not need birth-control pills, neo-natal care, and periodic colonoscopies), and even though mandatory coverage for preexisting conditions is not insurance but welfare. The mandates are simply cost-shifting from the young and healthy to the older and sicklier — just as you would find in any universal, single-payer system. But Obamacare is camouflaged to make it look like the insurers are deciding not to offer your plan anymore, rather than that the government is forcing their hand.

Of course, that’s not the half of the deceit — not in a program the president publicly insisted was not a tax even as his Justice Department insisted to the Supreme Court that it was one. Obama also said, “If you like your doctor, you will be able to keep your doctor, period.” As Hot Air’s Ed Morrissey noted this week, that promise too is fraudulent. If your doctor is not part of the network offered on the plans in your exchange, you will lose your doctor. To keep costs down, exchanges will limit their provider networks. Top doctors and hospitals are already being cut out. Moreover, the onerous regulations, reporting requirements, and constant threat of fee-slashing are beginning to drive doctors out of the profession.

Then there is the Independent Payment Advisory Board. Stanley Kurtz described the IPAB in all its frightening detail in a 2011 National Review cover story: “An unelected and unaccountable bureaucratic entity with nearly limitless power over federal Medicare spending, [it] will have the power to effectively ration health care through price controls.”

Put aside that the IPAB, which Obamacare insulates from judicial review, is an unconstitutional delegation of Congress’s legislative power — a model that, if adopted in spheres of activity beyond health care, would effectively end popular self-governance. As the rising costs driven by our health-care system’s suffocating regulations compound our astronomical debt, pressure is mounting for the IPAB to oversee cost-cutting — i.e., rationing — not only in Medicare but across the whole Obamacare framework. In fact, as Stanley recounts, the bipartisan Simpson-Bowles commission appointed by Obama made just such a recommendation — giving the president political cover to push hard for IPAB expansion. “Once IPAB’s rules govern America’s health-care system as a whole,” Stanley concludes, “we will be most of the way down the road to a British-style single-payer system.”

So how does Obama get all the way down that road? That is where the scheme’s manufactured crisis comes in. Obamacare commands that all Americans purchase health insurance, whether they want it or not. This is essential: If young healthy people refused to buy overpriced, largely superfluous coverage to underwrite the cost of insuring older and sick people, premiums would further skyrocket. As Powerline’s John Hinderaker explains, insurance companies would either have to fold or shift the costs to whatever employer plans still remained. This, in turn, would spur employers to cancel plans, dumping ever more people into the government exchanges.

The individual mandate is what is supposed to prevent that death spiral. There’s just one thing: The individual mandate is legally unenforceable.

Yes, there is a penalty for failing to purchase insurance — starting at $95 or 1 percent of income the first year and rising sharply thereafter. But the designers of Obamacare went out of their way to prohibit the IRS from using its usual array of civil and criminal processes (fines, liens, etc.) to confiscate it. The government may only collect the penalty by deducting it from tax refunds — meaning people who prudently structure their tax withholding so that no refund accumulates can avoid paying with impunity.

Obviously, it would be far less expensive for young people — who are already disproportionately strained by Obama’s no-growth, high-unemployment economy — to opt for a penalty they are not actually required to pay than to purchase prohibitively costly coverage. After all, under Obamacare, they can wait until they are sick to buy “insurance.” That is, Obamacare’s architects consciously created the incentive to destroy the program’s own insurance exchanges.

By the time that problem erupts, private insurance will already be gutted. Coverage requirements will already be dictated by government, as will pricing, with a subsidy structure that builds in progressive wealth redistribution. And doctors will already be beholden to government for patient access, treatment options, record-keeping requirements, and payment. That is, much of the single-payer infrastructure will be in place.

The manufactured financial crisis will be portrayed as a demonstration that exchanges based on the assumption that individuals will take responsibility for their own “private” insurance arrangements do not work. It will be time to solve the crisis by a seamless transition — there’s that word again — to a fully socialized health-care system, now overtly controlled by the government. “Free” health care for everyone — with all the substandard treatment, absurd wait times, and rationing that entails — will be supported by a few “tweaks” to our progressive tax system . . . no more unwieldy, unpredictable premium payments.

That’s the scheme. Or maybe you still believe that if you like your private medical system, you can keep your private medical system, period.

— Andrew C. McCarthy is a senior fellow at the National Review Institute. He is the author, most recently, of Spring Fever: The Illusion of Islamic Democracy.

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Premeditated Deception “Lie” – A dishonest presidency

November 4, 2013
By Marc A. Thiessen

The Wall Street Journal broke the news this weekend that, even as President Obama was telling the American people they could keep their health plans, “some White House policy advisors objected to the breadth of Mr. Obama’s ‘keep your plan’ promise. They were overruled by political aides.”

Overruled by political aides? This is simply damning.

It’s not easy to get a lie into a presidential speech. Every draft address is circulated to the White House senior staff and key Cabinet officials in something called the “staffing process.” Every line is reviewed by dozens of senior officials, who offer comments and factual corrections. During this process, it turns out, some of Obama’s policy advisers objected to the “you can keep your plan” pledge, pointing out that it was untrue. But it stayed in the speech. That does not happen by accident. It requires a willful intent to deceive.

In the Bush White House, we speechwriters would often come up with what we thought were great turns of phrase to help the president explain his policies. But we also had a strict fact-checking process, where every iteration of every proposed presidential utterance was scrubbed to ensure it was both accurate and defensible. If the fact-checkers told us a line was inaccurate, we would either kill it or find another way to make the point accurately. I cannot imagine a scenario in which the fact-checkers or White House policy advisers would tell us that something in a draft speech was factually incorrect and that guidance would be ignored or overruled by the president’s political advisers.

This whole episode is a window into a fundamentally dishonest presidency. And the story gets worse. After Obama began telling Americans they could keep their plans, White House aides discussed using media interviews “to explain the nuances of the succinct line in his stump speeches.” But they decided not to do so, because “officials worried . . . that delving into details such as the small number of people who might lose insurance could be confusing and would clutter the president’s message.”

Yes, no need to “clutter” the president’s message with confusing details — like the fact that millions of Americans being told by the president that they could keep their plans were being knowingly misled.

Obama could easily have come up with another way to make his point accurately. He could have said “most Americans will be able to keep their plans.” Or he could have said, as his communications director Dan Pfeiffer put it on ABC’s “This Week” Sunday, “if you had a plan before the Affordable Care Act passed, [and] it hasn’t been changed or canceled, you can keep it” (which prompted McConnell spokesman Don Stewart to reply, “So . . . you can keep your plan — unless it’s been cancelled. Gee, thanks.”) That would certainly have been less powerful, but at least it would have been accurate.

But Obama didn’t say those things. He said, “If you like your health-care plan, you’ll be able to keep your health-care plan. Period. No one will take it away. No matter what.” That statement was clear, unequivocal and wrong — and Obama and his advisers knew it.

The president’s defenders are twisting around for ways to explain away his 16 words. The New York Times wrote in an editorial Sunday that “Mr. Obama clearly misspoke.” Misspoke? On 24 separate occasions? Sorry, the president didn’t “misspeak.” This was an premeditated deception. This wasn’t something Obama ad-libbed. It was a line in a presidential speech that was carefully reviewed by the entire White House senior staff. Obama’s political advisers were told by his policy aides the statement was inaccurate — but they decided to let Americans believe the falsehood.

Obama’s former chief speechwriter, Jon Favreau, told the Journal that the speechwriters were working to find ways to explain a complex policy and that the goal was “simplification and ease of explanation . . . while still being true.” Except what Obama said wasn’t true.

Every president faces the challenge of explaining complex policies in simple terms. But the quest for simplicity is no excuse for dishonesty.

Obama’s own advisers told the Journal that they knew those 16 words were untrue, but Obama kept on saying them — over and over and over again.

If that’s the case, then Obama didn’t misspeak.

He lied.

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