This should be interesting:
A federal judge has ordered the IRS to explain “under oath” how the agency lost a trove of emails from the official at the heart of the Tea Party targeting scandal.
U.S. District Judge Emmet G. Sullivan gave the tax agency 30 days to file a declaration by an “appropriate official” to address the computer issues with ex-official Lois Lerner.
The decision came Thursday as part of a Freedom of Information Act lawsuit by conservative watchdog group Judicial Watch, which along with GOP lawmakers on Capitol Hill has questioned how the IRS lost the emails and, in some cases, had no apparent way to retrieve them.
The IRS first acknowledged it lost the emails in a letter to senators last month.
“In our view, there has been a cover-up that has been going on,” Judicial Watch President Tom Fitton said. “The Department of Justice, the IRS, had an obligation, an absolute obligation … to alert the court and alert Judicial Watch as soon as they knew when these records were supposedly lost.”
This isn’t Congress we’re talking about here. Dissembling “under oath” in a Federal Court has (or at least used to have) severe consequences. That ass that is the director of the IRS won’t be able to play his arrogant games this time. And, his agency will actually have to have a plausible explanation and proof instead of hand-waves and fake outrage at the questions asked and answers demanded.
As polls have demonstrated, almost no one in the country believes the IRS’s convenient explanations – convenient for them. And, as others have pointed out, they were in violation of the law when they didn’t archive all correspondence pending lawsuits they were involved in. This wasn’t just some “slip up”. The IRS knows what its legal responsibilities are and have exercised them in the past. Their legal department knew that they were required, under the law, to ensure all internal correspondence was available.
This isn’t about a couple of “rogue agents in Cincinnati”. This is about a rogue agency … period. Time to bring it under control again and for once, figuratively speaking, seeing some bureaucratic heads roll.
Nothing new here, but let’s repeat it for the umpteenth time so perhaps somewhere some lefty will actually figure out why minimum wages are a bad idea:
One of the results of the state and local minimum wage increases across the country is more young people out of work, according to Puzder. The more entry-level jobs pay, the more willing experienced, qualified workers will be to take them, thereby bumping the young and inexperienced out of the work force. Puzder says that is causing a real problem for the young people of America.
“The real problem with youth is: You have to have these entry-level jobs to get the experience you need to move forward in your life. If they don’t have those jobs, they’re sitting at home – I don’t know – looking at the posters from the last election or waiting for mom to make dinner, as opposed to being out there actually working and getting the experience that they need to go forward in life,” argues Puzder. “The experience is the important part and we’ve got a whole generation of kids ages 16 to 29 who are missing out on that.”
So how does the economy regulate the price of labor?
“When there’s a demand for labor, the cost of labor goes up. When there’s no demand for labor, it goes down and you can’t solve that problem by having the government artificially mandate a wage increase when there’s no economic growth to support that,” says Puzder. “What businesses do is they increase their prices and they move to automation so you have less jobs.”
Yes, as usual, central planning will fail and have negative consequences. I know, you’re shocked.
Oh, and this:
“When politicians tell people, ‘We’re going to increase the minimum wage and your check will be bigger,’ what they don’t say and [what] the next sentence should be [is]: ‘However, it’s not going to be worth as much as the increase, because everybody’s going to increase their prices so you’re not going to be able to buy as much as you could have if we’d just had economic growth that justified that increase.”
So what does Andy Puzder propose instead of artificially inflated minimum wages? “Government needs to get out of the way. If government gets out of the way, businesses will create jobs,” he says. “Wages will go up and the country will go back to a state of prosperity instead of what we’re in now.”
So you get the usual self-serving half-truth from pols when they claim they’re doing something to help the “little people”. By the way, Andy Puzder is the CEO of CKE Restaurants. He and I disagree on one thing:
Puzder says he believes states and municipalities have the right to raise the minimum wage, but he believes people need to understand the consequences, including higher prices and increased automation, which his company is undertaking using iPads to take orders at some restaurants instead of people.
Uh, no, Mr. Puzder … states have the power to raise the minimum wage, but unless you believe some entity other than yourself has a “right” to mandate how you spend your labor dollar, they have no “right”.
Anyway, prepare for some lefty to come by and assure us that the laws of economics aren’t really iron-clad at all, that supply and demand regulated by the market is old thinking and that central planning has a much better chance of assuring a “living wage” … if, given their skills, anyone can find a job at that price.
So, when you hear Obama and the alarmist bleating incessantly about the crisis of “global warming” or “climate change” or whatever phrase they choose to characterize the hoax they’re trying to perpetrate on the people of the country, ensure you point out that not even their own data supports their claim:
The National Oceanic and Atmospheric Administration’s most accurate, up-to-date temperature data confirm the United States has been cooling for at least the past decade. The NOAA temperature data are driving a stake through the heart of alarmists claiming accelerating global warming.
Responding to widespread criticism that its temperature station readings were corrupted by poor siting issues and suspect adjustments, NOAA established a network of 114 pristinely sited temperature stations spread out fairly uniformly throughout the United States. Because the network, known as the U.S. Climate Reference Network (USCRN), is so uniformly and pristinely situated, the temperature data require no adjustments to provide an accurate nationwide temperature record. USCRN began compiling temperature data in January 2005. Now, nearly a decade later, NOAA has finally made the USCRN temperature readings available.
According to the USCRN temperature readings, U.S. temperatures are not rising at all – at least not since the network became operational 10 years ago. Instead, the United States has cooled by approximately 0.4 degrees Celsius, which is more than half of the claimed global warming of the twentieth century.
But, but, that’s only the US … yup, and that supports the observation that globally there has been no warming for the past 17 years. The models are wrong. Just flat wrong and it’s time we started saying that. There is no credence to be found in their predictions and certainly nothing to support the alarmist’s claims.
Carly Fiorino, former CEO of Hewlett Packard and a senate candidate remarked this weekend on the cobbled up “war on women”. On CNN, she pulled out a fortune she’d gotten from a fortune cookie and said:
“‘Strong and bitter words indicate a weak cause,’” Fiorina read. “And that’s exactly right. The War On Women is shameless, baseless propaganda. There’s no fact to it. But it’s worked because it’s scared women to death. Enough.”
Substitute the alarmist’s “climate change” for “war on women” and it describes precisely what is going on with them. They have no case, only propaganda, and their only “argument” is to call the other side names and call for violent action against them.
Meanwhile, the case against the alarmist cause just keeps on getting stronger and stronger, not that it will slow them down or cause them to decrease the volume of screaming. It’s not about science, it’s abotu power and money … and they want both. More power over the way you live and more money to use against you to enforce their edicts.
In another indicator of how low a priority veterans have with this administration, a whistleblower in Atlanta has revealed that VA employees were switched from processing VA applications to those of the Affordable Care Act, aka ObamaCare.
Scott Davis told the Atlanta Journal Constitution:
“We don’t discuss veterans. We do not work for veterans. That is something that I learned after working there. Our customer is the VA central office, the White House and the Congress. The veterans are not our priority. So whatever the initiatives are or the big ticket items, that is what we focus on.”
He later appeared on the Neil Cavuto show and claimed that 17,000 applications for VA Healthcare were destroyed. He also said they’re “also looking into a backlog of over 600,000 pending applications for VA Healthcare.” Davis said the applications were purged as a way to deal with pressure from Washington D.C.
Davis: What I think happened, Neil, is that there was pressure by people in Washington for us to hit our numbers. You’ve heard a lot about the 14-day turn around time for the hospitals. But what most people don’t know is that there’s a five-day turn around time for health applications. And if we don’t hit that five-day turn around time, it affects performance goals for people in senior leadership positions.
Cavuto: So if you don’t have that, and you’re not paying that out, it looks like you’re meeting your numbers and then some, right?
Davis: Absolutely. But what also happens, Neil, is that we’re currently neglecting not only the right thing to do, which is to process applications, not delete them. We have a huge system integrity issue at VA. For example, the VA right now can’t even tell the investigators what happened to those applications, because they can’t verify where they are, what happened to them, if they were deleted, why were they deleted, and why there was no paperwork showing the justifications for those deletions.
Cavuto: We’ve asked for a statement out of the VA on this and we have yet to get one, Scott. I’m trying then to give them the benefit of the doubt here. It seems like a crazy situation. Did you or any of your co-workers ever get so overwhelmed — not you specifically — but they just say the heck with it, more files, more applications, just dump them in the trash, we’re overwhelmed. Do you think that has gone on?
Davis: I know that there was rumors that suspect those activities before I started work thing in 2011. What I can tell you is that there’s so much pressure on the employees to get stuff done so management can meet goals, it’s easy to make mistakes, it’s easy to have mishaps. What happens is, instead of the VA focusing on doing what’s right for our nation’s veterans — meaning taking time, processing each application diligently and appropriately — pressure is placed on front line employees to overwork themselves, rush through the application process, to hit goals for members of management.
Cavuto: When you say to hit goals, is the goal a dollar goal or is it get the applications complete? Sometimes keep on top of this so there are no delays, or is it keep on top of it and get rid of something that could hurt our numbers?
Davis: Well, for what I’ve witnessed, it’s based on a performance goal.
Cavuto: How is that performance measured?
Davis: That performance is measured based on our ability to turn around an application from beginning to end within a five-day turn around. There’s an acceptable percentage that we have to have, which is in excess of 80% for all applications that comes into that office. What you find is that there’s extensive pressure on the staff to process applications, to focus our attention to applications based on specific campaigns. For example, I shared with your producer that we actually put incoming applications aside so we could focus on the ACA related applications that came in over last summer. That’s wrong. We should treat each veteran equally and focus on applications, as they come in, not because of special campaigns coming out of D.C.
His statement is precisely how veteran’s applications should be treated. But they weren’t because of partisan politics and the heavy hand of the administration. Naturally the VA bureaucracy cooperated. When your “customer” is Washington DC and not the veteran then that’s unsurprising.
This is outrageous, but my guess is, as they dig deeper into the VA, this is only the tip of the iceberg.
This is the face of government run health care. It is fair warning. Just as Soviet bureaucracies fudged whatever numbers necessary to “meet” the government’s “5 year plans”, the government bureaucracies here are not above doing the same. The bonus system along with identification of Washington as their “customer” was all the incentive the bureaucrats needed to let veterans down … again.
This administration excels at ‘The Big Lie”. Probably most hereabouts are familiar with that idea – tell any lie long enough and people just accept it as true. Biggest lie I can think of – that Barack Obama was ever qualified to be President of the United States. But there he is, sitting in the Oval Office, golfing at Andrews, picking out the spot for his legacy of lies “Liebrary”. Red lines that the world drew, recoveries that aren’t, a recession that never went away, actually a depression but who’s counting, unemployment that gets better by getting worse, pivots to the economy, which is where he pivots in some other way to destroy it through executive signings or approved executive branch regulations.
Birthed in lies, raised in lies, campaigned in lies, elected in lies and serving daily in lines. Non-stop lying. About the only thing he doesn’t lie about is that he likes to golf.
Benghazi, IRS, Fast and Furious, Affordable Health Care, closing Guantanamo, gay marriage, jihad is workplace violence. It’s not always ‘himself’ lying, sometimes it’s his executive organizations, his spokesmen, his fawning press. But it’s HIS administration, these therefore become his lies.
Lies to enemies, lies to allies, lies to ‘friends’, lies to detractors, lies to supporters.
Small lies, well, every day. A small lie gets them through this press conference, this question or that question, this news cycle. Sometimes we’ll have to visit it again, let’s see, oh, right, the GDP was down to a 1 percent growth, oh, and we had Obamacare’s increased spending on those who hadn’t been previously insured to thank for that. Until yesterday when that lie had to be revised, and the lie about Obamacare’s increased spending turned into a lie that Obamacare actually caused a decrease in healthcare spending. Yeah, small lies, we’ll see them again, contorted, changed, history ignored and altered. Things they said before ‘forgotten’ by them, by the media, by us as they trot out the new lie. They’ll become big lies if we keep worrying at them. Quit asking.
The lies evolve, sometimes they just drop them and come up with a completely new lie – it was riot in Benghazi caused by a video that grew to an attack on the embassy, we never said it wasn’t terrorism, we caught the mastermind! It was two rogue agents in Cincinnati that were trying to be more efficient, the dog ate our emails at the IRS, oh, and now the dog wandered over to the neighboring offices at the EPA and had a late night snack.
The original lies generally suck, they do however seem to pass muster for the low info voters, for people who might read the first paragraph of the headlines. They do the job they’re supposed to do, provide a little cover till they can refine the lies. But they only need to refine the lies if someone asks for clarification of course. Any lying 5 year old understands you don’t elaborate on the lie if you aren’t pushed with further questions.
Like lies presented in truths so we can move past a lie that’s really important to the problem they’re willing to cop to for the moment. The art of distracting us from a lie by handing us lies wrapped in truth.
Oh, that’s bad….but it appears to be the truth. That’s good, truth is good, good we found this out, not much there, ask the NY Times, this is just another Republican attempt to pump up a scandal I’m sure.
“Congressional investigators say they uncovered emails Wednesday showing that a former Internal Revenue Service official at the heart of the tea party investigation sought an audit involving a Republican senator in 2012.
The emails show former IRS official Lois Lerner mistakenly received an invitation to an event that was meant to go to Sen. Charles Grassley, R-Iowa.”
And there, in the first two paragraphs, presented as ‘truth’, is your bold faced lie (made bold and italic by yours truly).
She mistakenly received an invitation for Senator Grassley?
Why? How? because the sender had Lerner’s address and Grassley’s address on a dropdown and moused to the wrong one?
Because Grassley ‘sounds’ like Lerner and the autoaddress feature used Lerner instead of Grassley?
Uh, because someone interrupted the writer and he accidentally typed LOIS.LERNER@IRS.GOV instead of SEN.CHARLES.GRASSLEY@USSENATE.GOV and hit SEND?
Wow. Look ma, the dog ate our emails, and the organizer for a Republican campaign event’s dog accidentally sent Lois Lerner at IRS an invitation intended for US Senator Charles Grassley that Lois might review to consider launching an investigation over.
Phew, good thing that guy Matthew Giuliano waved her off from doing anything with that ‘mistakenly received’ email.
“This kind of thing fuels the deep concerns many people have about political targeting by the IRS and by officials at the highest levels,” Grassley said. “It’s very troubling that a simple clerical mix-up could get a taxpayer immediately referred for an IRS exam without any due diligence from agency officials.”
This kind of thing? ‘Simple clerical mixup’ Words fail me. Et tu Chuck? Seriously?
You mean how an email went mysteriously to LOIS.LERNER@RECTALEXAMSAREUS.GOV, her email address, for her review, ‘by mistake’?
No, you mean the IRS rectal exam that might have been started as a result of her completely innocent receipt of an email intended for a US Senator.
But there wasn’t any exam, so yeah! NO HARM DONE!!!! No harm, no foul. Prove the harm! None! Matthew Giuliano at the IRS did his job, the IRS did it’s job! Now go away you scandal mongering racist conservatives!
So don’t ask how she got that invitation, but rest assured, there was no mistake involved. Remain confident if you ask, they’ll refine this blatant lie.
Lies hidden in truths, lies in your face. Every week, every year, the most transparently lying to us administration in our history.
Obama’s administration lies again. Hi-ho Silver.
In case you’re wondering why the lie might matter and why ‘mistaken receipt’ of the email for which Lois Lerner considered the possibility of investigation is important. Because, you see, if Lois Lerner had Senator Grassley’s email invitation through some method other than ‘accidental receipt’, she, and the person who sent it to her, may have broken Federal laws.
Since the Constitution didn’t foresee email, there is no guarantee of it’s privacy. So in 1986 Congress passed the Electronic Communications Privacy act, which established provisions for privacy rights of people using electronic devices. The way I read it, under the act it is a crime for someone to read or disclose the contents of email communications (let alone decide to launch an IRS tax audit) if it’s not addressed to them.
The law regards each of these situations as distinct.
- Interception of e-mail during transmission is prohibited by federal wiretap statute, 18 U.S.C. § 2510-2521 and also some state wiretap statutes. The federal statutes were amended in 1986 by Title I of the Electronic Communications Privacy Act (ECPA) to include e-mail.
- Reading e-mail during storage on a computer system is prohibited by federal statute, 18 U.S.C. § 2701-2711, Title II of the Electronic Communications Privacy Act (ECPA), provided that the system is “providing an electronic communication service to the public.” This means, among other things, that your e-mail messages are confidential when stored on a computer owned by an ISP that offers to any member of the public the ability to send e-mail and you pay for the account yourself. But there is no protection in 18 U.S.C. § 2702 for e-mail stored on a computer system operated by a corporation primarily for its own business communications. So, if you send e-mail to a company (e.g., email@example.com) and the e-mail is stored on that company’s computer, you have no privacy rights under this statute.
- The recipient of e-mail is generally free to share the information in the e-mail with anyone, subject to legal obligations that are mentioned later in this paper.
Reading e-mail that is stored on a computer is not an “interception” under 18 U.S.C. § 2510, et seq., because an interception must be contemporaneous with the transmission of the message between different locations. Steve Jackson Games v. U.S. Secret Service, 816 F.Supp. 432, 442 (W.D.Tex. 1993), aff’d, 36 F.3d 457, 460 (5thCir. 1994). This holding has been accepted in several subsequent cases, including Wesley College v. Pitts, 974 F.Supp. 375, 384-390 (D.Del. 1997); U.S. v. Moriarty, 962 F.Supp. 217, 221 (D.Mass. 1997); Bohach v. City of Reno, 932 F.Supp. 1232, 1235-36 (D.Nev. 1996).”
See below – it’s a fine line if some ‘unknown’ person made a copy and passed it on to Lerner. The person who passes it on originally may have broken the law since passing on such an email seems like it could constitute ‘disclosure’. Unless of course it pertains to evidence of a criminal activity….
“One court noted that there is a loophole in Title II of the ECPA, where an unknown person can make a copy of e-mail and give it away, then other people who do not provide an electronic communication service can lawfully make a further distribution of copies of that private e-mail. Wesley College v. Pitts, 974 F.Supp. 375, 389 (D.Del. 1997).
In the special case of e-mail that contains evidence of criminal activity, there is no protection for the confidentiality of the message when the recipient discloses the contents of a communication to law enforcement agents or to a criminal trial. U.S. v. White, 401 U.S. 745 (1971)(no violation of Fourth Amendment when defendant spoke to informant who had concealed microphone and transmitter); Hoffa v. U.S., 385 U.S. 293 (1966)(statements made by Hoffa to undercover informant not protected by Fourth Amendment). Furthermore, there is no protection under the Fifth Amendment to the U.S. Constitution for production of documents at a criminal trial, U.S. v. Doe, 465 U.S. 605 (1984). In summary, the author of an e-mail message generally can not prevent disclosure of the message by the recipient.”
I’ll let the legal experts, some here assembled, discuss the possibilities. The idea that she mistakenly received it however, smells of pure fabrication.
UPDATE (the second)
It appears that the actual invitation WAS through snail mail, making Grassley’s acceptance that some clerical error genuinely occurred valid.
Not a lie then if there’s real paper on this – and not Lerner’s fault if she opened a letter addressed to her with contents intended for someone else.
What she did with it afterwards, well……..
I’m assuming that we’re not talking .PDF files here, attached to mails, and that we’re really talking a hand delivered stamped envelope carried by the United States Postal service which was addressed to Lois Lerner, with contents for Charles Grassley….
Certainly the flow of e-mails in this link indicates the second go round, the correction of recipients, was done via .PDF.
If you read it, you’ll see the clarification and embarrassment from the sender.
One odd thing….can anyone fathom the end of the PS comment at the end of the correct sending exchange between ‘Dawn’ and Matthew?
Should we get the sense they don’t know each other, or didn’t prior to a phone call he made to clarify and correct?
“Still, it will be an easy commute?“
The arrogant jerk that is the commissioner of the IRS typifies the type person who hasn’t and never will understand the term ‘public servant’. He’s a bureaucrat, through and through, and he runs an agency which would never accept the asinine answer to the lost emails that he’s proffered to Congress. But he expects you to accept it without question because, well, because he said so.
Anyone with the IQ of a tea cup knows that emails don’t just reside on “hard drives”. They know that servers are involved. And competent companies and bureaucracies use systems that are redundant and back each other up (like RAID). No company OR agency of any size or worth would be without such a system.
But the arrogant prick that is the director of the IRS sits smugly before Congress and takes offense at being called a liar when he puts the excuse forward that he has. John Hideraker over at PowerLine points out something that you might not have known:
It has emerged over the last few days that at the time of Lois Lerner’s hard drive crash, the IRS had a contract with a company called Sonasoft (“Email archiving done right.”) Sonasoft promoted its relationship with the IRS in 2009: “If the IRS uses Sonasoft products to backup their servers why wouldn’t you choose them to protect your servers?”
So why doesn’t that solve the problem of the missing IRS emails? Because the IRS canceled its contract with Sonasoft in September 2011, a couple of months after Lerner’s hard drive crash. Everyone seems to assume that Sonasoft would have deleted whatever information it had gotten from the IRS at that time. That is certainly a logical assumption; in fact, it would make sense to require Sonasoft to get rid of any customer’s data once the business relationship ends. But it wouldn’t hurt for a House committee to lay a subpoena on Sonasoft to learn more about the IRS’s dealings with that company and make certain that it doesn’t still have any IRS records.
Two observations about the Sonasoft story: first, the IRS’s cancellation of the Sonasoft contract occurred in the context of a $1.8 billion annual budget for information services, plus $330 million annually for “business systems modernization.” All of that, and the IRS couldn’t afford an email archiving service? Not only that, it had to recycle its backup tapes to save money? Ridiculous.
Sure is convenient though, isn’t it?
An analogy as to how outrageous and unbelievable this all is comes from Kyle Smith:
To understand the latest outrage in the IRS scandal, mull over what might happen if regulators found significant evidence to implicate Goldman Sachs CEO Lloyd Blankfein in an insider trading scheme.
Let’s say Blankfein asserted his Fifth Amendment right not to answer any questions. Say Goldman was subpoenaed to provide all of Blankfein’s e-mails. Goldman replied that, instead of complying with the subpoena, it was itself reviewing the e-mails in question and was considering which ones to release.
Now imagine that, nearly a year later, Goldman admitted that it had not, in fact, reviewed the e-mails in question, because they had been lost in a computer crash two months before it claimed to be reviewing them. Imagine Goldman also said copies of the e-mails were lost, because while under subpoena it had destroyed the “backup tapes” (whatever those are) that held them and that it had also thrown away Blankfein’s actual hard drive.
The thing about dogs eating homework is, it could actually happen. This can’t. . . . Lerner wouldn’t have pleaded the Fifth unless she had reason to believe that there was potential illegality and it could be tied to her.
This is in-your-face corruption. This is a bureaucracy saying “screw you” and smugly looking on as you voice your outrage knowing full well nothing will happen to them. Unaccountable and unrepentant … the true face of big government.
The polls continue to show an erosion of public support for President Obama. Here are 4 interesting paragraphs describing the latest:
Foreign crises and domestic economic unease have eroded President Barack Obama‘s public standing, sapping his ability to respond to overseas conflicts and weighing on fellow Democrats heading into the midterm elections.
As clouds gather abroad, a new Wall Street Journal/NBC News poll finds Mr. Obama’s job approval rating at 41%, matching a previous low. Approval of his handling of foreign policy hit a new low of 37%. Both numbers are driven in part by conflicts largely outside the president’s control, including a new wave of sectarian violence in Iraq.
This latest dip in Mr. Obama’s approval runs contrary to signs Americans agree with his policies on climate change and education, and as a divided Republican Party remains far less popular than the president and his party. Despite misgivings toward Mr. Obama, the survey showed the public sides with him and his fellow Democrats on a range of issues, including immigration, education and the environment. (Interactive: Poll Results)
The latest Journal poll of 1,000 adults, conducted between Wednesday and Sunday, highlights what appears to be a lasting slide in the president’s public image. Respondents split in half on whether the Obama administration is competent, lower marks than Americans gave former PresidentGeorge W. Bush‘s administration in 2006, after the war in Iraq and the bungled response to Hurricane Katrina derailed his presidency.
Now you remember that time don’t you? The time of Katrina and Iraq? The time when Democrats lined up to get in front of the cameras and declare George Bush “incompetent”? Yeah, me too. And now the guy who was all too happy to participate in that labeling, has managed to do worse.
What does that make him?
Note too the attempt to put lipstick on this pig – “…Americans agree with his policies on climate change and education, and as a divided Republican Party remains far less popular than the president and his party. Despite misgivings toward Mr. Obama, the survey showed the public sides with him and his fellow Democrats on a range of issues, including immigration, education and the environment.”
There’s only one problem with this list of issues of “agreement” – they are all low priority issues for the public. Jobs. Economy. War. Spending. Those are what top the list. And then there’s the matter of bungled health care, scandals and of course, the collapse of any semblance of a foreign policy that this administration might have had. Frankly, I’m being kind with the last one. If there’s been a real foreign policy at work for these past 6 years, it’s been as well hidden as Lois Lerner’s emails.
I’d love to say, “I told you so”, I’d love to talk about irony and shadenfreude. But this is too pitiful a performance to be flip about. And the consequences are real. I see articles about how this guy is now “tired” of being president. He’s “bored” with the job. How could he be either bored or tired – he hasn’t done the job at all.
Got to say, in all my years – and I lived through the Carter era – I’ve never seen this country in such pitiful shape. Never. Mr. Obama has done enough damage, in the foreign relations arena, that it will take decades to undo. The only silver lining, and I’ve mentioned it before, is that one of his goals was to prove big government could be competent and beneficial. He has proven precisely the opposite to be true.
Perhaps the Democrats aren’t calling him “incompetent” for a reason.
Incompetent doesn’t begin to cover how bad this President and his administration are.
So Eric Cantor went down in flames in the Virginia Republican primary I see. I can’t say I’m the least bit chagrined. Cantor is the quintessential establishment Republican. And like most of that ilk, he was more worried about what the press thought of him than doing what was right by his principles. I notice the media spin doctors are immediately claiming that he really didn’t lose because of his stand on immigration (i.e. a hard lean toward “amnesty” for illegals although he tried to deny it). After all if they admit that immigration reform was a reason for his defeat, then they have to admit that its dead for this year (as, given this lesson, no Republican running for reelection in the House – that would be all of them – is going to touch it with a 10 foot pole). The spin doctors also know that if it is dead for this year, it may be dead, at least in its present form, for good, if Republicans win the Senate. One also assumes that Republicans are aware of the polls out there that place immigration reform as a low priority issue for voters right now (yeah, surprise, they’re much more interested in jobs and economic growth than illegal aliens).
I think another reason for Cantor’s loss is a deep dissatisfaction with Republican House leadership – such that it is. Add his lack of popularity within his own district and an acceptable alternative candidate and you have the prefect electoral storm. Finally, Tea Party candidate Dave Brat’s win signaled, much to the annoyance of the left, that the Tea Party is hardly “dead”. It’ll be interesting to see how the establishment Republicans react to this upset.
On another subject, yesterday we saw where the FDA had unilaterally decided that it might be necessary to ban the centuries old tradition of aging cheese on wooden shelves. Because, you know, there’s been such an epidemic of sickness from such practices here lately and over the ages. What? There hasn’t? There hasn’t been any real problem at all? However:
The Food and Drug Administration (FDA) has issued an executive decree banning the centuries old practice of aging cheese on wooden boards. One bureaucrat within the FDA, without surveying all of the scientific literature, and without public commentary, has rattled hundreds of small businesses across the United States. Consumers who eat any kind of aged cheese should prepare for a potentially catastrophic disruption in the market for artisan, non-processed cheese.
Now that was yesterday. Today, yeah, its cave in time. There has been such an outcry from cheese makers, the public and just about anyone else that could find a forum that the FDA is hastily backing down. Overlawyered brings us up to date:
Following an enormous outcry from cheese makers, commentators, and the general public, the agency beats a hasty retreat. Commentator/ Pepperdine lawprof Greg McNeil has the details at Forbes (and his earlier commentary on the legalities of the agency’s action is also informative). Earlier here.
In a classic bureaucratic move, the agency denied it had actually issued a new policy (technically true, if you accept the premise that a policy letter from its chief person in charge of cheese regulation is not the same as a formally adopted new policy) and left itself the discretion to adopt such a policy in future if it wishes (merely declaring itself open to persuasion that wood shelving might prove compatible with the FSMA).
This is also a lesson for people in other regulated industries. When government officials make pronouncements that don’t seem grounded in law or policy, and threaten your livelihood with an enforcement action, you must organize and fight back. While specialized industries may think that nobody cares, the fight over aged cheese proves that people’s voices can be heard…
Yes, true. But … there’s always a ‘but’, Overlawyered points out something that is true and often overlooked. You have to be willing to fight for it all, not just the popular stuff. You have to be willing the challenge all the nonsense bureaucrats put out there:
There is a less optimistic version, however. It happens that a large number of editors, commentators, and others among the chattering classes are both personally interested in the availability of fine cheese and familiar enough with the process by which it is made to be un-cowed by claims of superior agency expertise. That might also be true of a few other issues here and there — cottage food sold at farmer’s markets, artisanal brewing practices — but it’s inevitably not going to be true of hundreds of other issues that arise under the new Food Safety Modernization Act. In a similar way, the outcry againstCPSIA, the Consumer Product Safety Improvement Act, rose to a politically effective level only on a selected few issues (publishers and libraries got a fix so that older children’s books would not have to be trashed; youthmotorsports eventually obtained an exemption, and so forth) but large numbers of smaller children’s products and specialties whose makers had less of a political voice simply disappeared.
Absolutely true. I think of those who want to drink raw milk for instance. Where does the government get off saying you can’t drink something you choose to drink if you’re willing to take the risk and suffer any consequences? Something that, until pasteurization, everyone drank? But since those who prefer raw milk don’t have a large lobby, they’re subjected to government bullying and laws prohibiting them from making that choice.
Choice is freedom. Limiting of choice is limiting freedom and government is in the freedom limiting business. The premise is you’re not able to make good choices yourself, so government must keep you from doing so. Question? If aging cheese on wood was dangerous to our health and it had been the reason from many deaths over the centuries, how do you suppose the market for such cheeses might have been effected by now? Right. It certainly wouldn’t have come down to some government bureaucrat making a unilateral decision in 2014, that’s for sure.
In Iraq, Mosul has fallen to terrorists. Nightwatch brings us up to date:
ISIL has been trying to take Mosul since earlier in June, but only lately assembled enough forces to rout the security forces and overrun the city.
ISIL now controls two major cities in the Sunni region of Iraq: Fallujah and Mosul. Its fighters tried to overrun several other cities, but failed. Its aim is to create an Islamic emirate that joins Iraq and Syria.
The group had been affiliated with al Qaida for many years, since the time of Abu Musab Zarqawi, according to the National Counter Terrorism Center. In February al Qaida disavowed all links with ISIL because its actions were more extreme than al Qaida and it would not follow orders to stop fighting the al Nusrah Front in Syria, which al-Qaida supports.
On Sunday in Syria, ISIL fighters clashed with the al-Qaida-affiliated al Nusrah Front in eastern Syria, while its Iraq wing fought to capture Mosul in Iraq. This is a formidable group. Only the Syrian Kurds stand in the way of ISIL consolidating large areas in Iraq and Syria under its control.
Mosul’s capture reinforces the judgment that Iraq has re-entered civil war. ISIL is more than an insurgency because it has an effective organization and is conquering territory. By force of arms, it has created a power-sharing arrangement with the government in Baghdad and fragmented the country. A statement by the Muslim scholars association today encouraged ISIL to hold Mosul and to set up an administration. It urged the youth of the city to defend it against the Baghdad government.
ISIL’s control in Syria seems tenuous and contested by other opposition groups. In Iraq, it is the dominant anti-government force and it has broken Iraq, for now.
My position? If Iraqi’s want a free Iraq, they’d better fight for it. They’ve been given the time, the equipment and the training. Now, it’s up to them.
Finally, yesterday I literally had to laugh out loud when I read something Robert Reich, a former Secretary of Labor, had written on his Facebook page. It simply demonstrates how effing silly – and dangerous to your freedoms – these people are:
President Obama announced steps yesterday he said will make student loans more affordable. It’s probably all he can manage with a grid-locked Congress, but it’s still tinkering with a system of college financing that’s spinning out of control. What’s really needed is to make college free of charge and require all graduates to pay 10 percent of their earnings for the first 10 years of full-time work into a fund that pays the costs (additional years of graduate school means added years of payments). That way, nobody graduates with debts; young people from lower-income families can afford to attend; graduates who go into high-wage occupations in effect subsidize those who go into lower-wage work; and we move toward a system of genuinely equal opportunity. What do you think?
Right … free college for all. Graduate with no debt!
Question: How in the world does this dolt think that making all graduates pay “10 percent of their earnings for the first 10 years” to fund “free college” doesn’t equal being in debt? Oh, and who would keep track of all this? Why the IRS of course – another in a long line of ideas to further centralize control of all aspects of your life at the federal level and add to the federal bureaucracy’s reach and power.
Then add the scam value of this. Ride the gravy train for 3 or 4 years of free college and then walk away as a non-graduate. Nothing to pay, right? I mean the stipulation is that “graduates” pay, so why not hang out in a college dorm, eat in the chow hall, do your own thing while also doing barely enough to stay in school. That way you can let these other dopes subsidize those years for you. Then, move, apply to a new school and repeat. Trust me, there are enough “professional students” in this world that I can promise that would be done.
Oh … and read the comments to the Reich post. They’ll make you weep.
I don’t mind at all saying “I told you so” when it comes to the alarmists and “climate change”. You’ll remember a few weeks ago when the alarmists began screeching about the collapse of an ice shelf in Antarctica and how that was going to raise sea levels by feet, not inches and that there was nothing we could do about it? Oh, and it was because of man-made global warming?
We found out subsequently, that the “rise in sea levels” might occur with this melting of the ice shelf, but that it would likely take a 1,000 years. And, at that time, I put forward an article I’d written for QandO in 2009 where I noted that volcanic activity (aka geothermal activity) was responsible for an ice melt then. I further posited that it was entirely possible it was responsible for the most recent ice shelf melt (since it is very close to the shelf itself) and had nothing to do with man.
Thwaites Glacier, the large, rapidly changing outlet of the West Antarctic Ice Sheet, is not only being eroded by the ocean, it’s being melted from below by geothermal heat, researchers at the Institute for Geophysics at The University of Texas at Austin (UTIG) report in the current edition of the Proceedings of the National Academy of Sciences.
The findings significantly change the understanding of conditions beneath the West Antarctic Ice Sheet where accurate information has previously been unobtainable.
The Thwaites Glacier has been the focus of considerable attention in recent weeks as other groups of researchers found the glacier is on the way to collapse, but more data and computer modeling are needed to determine when the collapse will begin in earnest and at what rate the sea level will increase as it proceeds. The new observations by UTIG will greatly inform these ice sheet modeling efforts.
Using radar techniques to map how water flows under ice sheets, UTIG researchers were able to estimate ice melting rates and thus identify significant sources of geothermal heat under Thwaites Glacier. They found these sources are distributed over a wider area and are much hotter than previously assumed.
The geothermal heat contributed significantly to melting of the underside of the glacier, and it might be a key factor in allowing the ice sheet to slide, affecting the ice sheet’s stability and its contribution to future sea level rise.
Oh my. Who knew? Uh, we did. Or at least we were able to apply facts and logic to the event and give a credible hypothesis as to why what was happening was happening. Nice.
On another subject, the Bergdahl fiasco, it appears that Mr. Obama, who was perfectly fine about taking all the credit for his release when it appeared it would be to his political advantage (thus the Rose Garden announcement with the family), has now found someone he can throw under the bus since it has all gone wrong. It’s Hagel’s fault:
FInal approval for the prisoner exchange that freed Sgt. Bowe Bergdahl was made by Secretary of Defense Chuck Hagel, members of Congress learned on Monday from administration officials.
‘They indicated (it was) Secretary Hagel (who made the final call),’ Rep. Buck McKeon (R-CA) said after a classified briefing, ABC points out.
‘It was the president of the United States that came out (in the Rose Garden) with the Bergdahls and took all the credit and now that there’s been a little pushback he’s moving away from it and it’s Secretary Hagel?’
Yup … I’ve lost count of all those who’ve found themselves looking at the underside of the Obama bus. And for those who don’t think that this was an attempt to divert attention from the VA scandal, check this little tidbit out:
The final agreement was brokered in a week by Qatar and dovetailed with Obama’s announcement of a complete withdrawal from Afghanistan by the end of 2017. Engulfed in a scandal over hospital care for veterans, it also provided him an opportunity to demonstrate he was helping those who had served.
So it was Hagel’s final call? Yeah, right. Again, the administration insults our intelligence.
Meanwhile we find more and more neglect and corruption in the VA, an agency that Mr. Obama criticized when his predecessor was in charge and vowed to clean up:
The agency said more than 57,000 new patients have waited at least 90 days for their first appointments and that about 13 percent of VA schedulers indicated they were told to falsify appointment-request dates to give the impression that wait times were shorter than they really were.
Remember, this is pure government run health care aimed at a very small population, relatively speaking. And it is a disaster.
The agency also found evidence that in the past 10 years, nearly 64,000 veterans who sought VA care were simply never seen by a doctor.
“Simply”. Not simply at all. This is mind numbing incompetence and corruption. This was Ezra Klein’s ideal example for touting the benefits of government run (single payer) health care back when he was shilling so hard for the ACA. Obama has done nothing to change the situation. Congress, as usual has simply thrown money at it assuming that would fix it. But its not just Obama’s problem. This is a decades old institutional problem driven by a corrupt and incompetent bureaucracy that has given short shrift to the care of our veteran population. This is the face of “government run healthcare”.
Why yes, yes they did. And they also told us it was because of the expense of this sort of medical care that the benevolent and non-intrusive federal government saw a reason to attempt to manage this through its new and wonderful law.
Nationally, nearly half of ER doctors responding to a recent poll by the American College of Emergency Physicians said they’ve seen more visits since Jan. 1, and nearly nine in 10 expect those visits to rise in the next three years. Mike Rust, president of the Kentucky Hospital Association, said members statewide describe the same trend.
Experts cite many reasons: A long-standing shortage of primary-care doctors leaves too few to handle all the newly insured patients. Some doctors won’t accept Medicaid. And poor people often can’t take time from work when most primary care offices are open, while ERs operate round-the-clock and by law must at least stabilize patients.
Plus, some patients who have been uninsured for years don’t have regular doctors and are accustomed to using ERs, even though it is much more expensive.
“It’s a perfect storm here,” said Dr. Ryan Stanton of Lexington, president of the Kentucky chapter of the ER physician group.”We’ve given people an ATM card in a town with no ATMs.”
I love the doc’s line about ATMs. He’s nailed it on the head.
Now I won’t bore you with the fact that we foresaw this and wrote about it. I mean we talked about doctor shortages, that an increase in those having insurance didn’t mean they’d be able to see a doctor and how doctors were dumping Medicare because of all the hassles and low payments.
But our ever faithful zealots on the left kept telling us that a) we didn’t know what we were talking about, b) human nature isn’t really human nature and c) now that everyone would have insurance all would be sunshine and roses and costs would magically come down (because, you know, the Democrats said they would).
Instead it is all mostly compost. ERs are seeing a surge in patient visits and expect it to get worse. Of course, that sort of care is much more costly than regular doctor office visits (according to the article, about $580 per visit more) but what they hey, they have subsidized insurance now … so you get to continue paying for it.
Another in a long line (and getting even longer) of predictions about the effect of a program that this administration has gotten completely bass ackwards.
It just doesn’t exist in Washington DC and especially with this administration.