An Imperfect Storm — my thoughts about the call heard around the world:
We found out the wife of Sgt. La David T. Johnson was friends with Rep. Frederica Wilson, so, my assumption then is they are a bit left leaning in their politics. In other words, since the Congresswoman is a family friend I can suppose that their political positions that Trump is a racist, white supremacist who is a woman assaulting misogynist is a closely held view;
for obvious [and right] so reasons, the newly widowed wife is very heart broken and wanting more answers for a serious loss. In other words, people react differently to tragedy. Some forge ahead to make a stable environment for their kids in the face of such a loss… Others allow the situation to overcome them. This is our humanity at work;
being a close friend of the family, the Congresswoman who calls Trump Racist, saying he needs to be impeached, and thinks the worse of him || she can easily sway an already emotion situation to be viewed one way;
within 10-minutes of the call the Congresswoman was on the horn with a main person to share the story (POLITICISE IT) at CNN… 10-minutes!, this seemed pre-planned;
I bet Trump — although sincere — and meaning to communicate his thoughts on this [and other matters] with good intentions, is known not to be the best communicator. In other words, he does not always express his thoughts well. AND, if you already thoroughly dislike someone, attributing the worst of humanity to that person, and are put in an extremely emotional situation with a politician egging you on, I bet you can easily hear and attribute the worst intentions to that situation.
ALL THIS I think contributed to the idea he may have been, or came across as, disrespectful. Here is a call by President Trump to a new widow who’s husband (another American hero) lost his life serving our country. This loving wife released her call to share how Trump respected her family. (TAKE NOTE that if you disdain Trump you could probably misinterpret Trump’s style in passing along heartfelt condolence.
Gold star widow Natasha De Alencar has released the audio of a phone conversation she had with Trump in April about the death of her husband who was killed in Afghanistan. The audio speaks for itself, as does the fact that Ms. De Alencar released it amidst the controversy that the ridiculous Rep. Wilson ginned up:
(More at POWERLINE) This is my bottom line in the whole situation… and I shared the below on a friend’s FB page (adapted a bit):
One thing I noticed in the video [above] that made me think of the differences between Ms. Johnson and Ms. De Alencar… If you already think Trump is a racist, misogynist bigot, you could take his call with every bad intention. That is our natural human bent. And the wife who is in this video above took what Trump meant his thoughts to be… with good intentions, with good will. When President Trump was told about the excellence of the older child by Ms. De Alencar, his acceptance to college on an academic scholarship, he acted surprised (interested, wanting to hear more, sharing in the mother’s pride, allowing her to lead the conversation) that it wasn’t due to his football excellence which she had just relayed to the President. He then asked if he was the standout kid compared to his siblings. The mother took this perfectly (attributing the best of intentions during this tough but honoring call) — even catching the humor in it and she joked back about there always being “one” — and then she shared the passions of each child. Awesome, what a great mom. Her children will be able to look back at THIS moment and remember or hear the best of their country and father.
If you already think Trump is a racist, out to make white supremacy mainstream, who is a serial crotch grabbing misogynist with a politician in the car with you manipulation an already tragic moment for a young woman without kids to be a rock for yet…. Yep, I bet you can read into Trump’s words the worst of intentions since you ALREADY attribute the worst of humanity to him.
Was Trump telling that mom, Ms. De Alencar, he was surprised a black kid would get an academic scholarship, calling the rest of her kids dumb? If you hated Trump as deeply as that younger, more inexperienced, recently widowed, pregnant mom, with a politician whispering in her ear (literally), calling CNN within minutes to politicize the event… Yep, that’s how you would take it. And her child will hear the worst of the nation and the father’s service will be lost in the political hoop jumping. Sad.
BLACK & RIGHT has a great post on the Congresswoman. The Congresswoman also throws around the “race card” like a Black-Jack dealer in the Old West under pressure to make back money for the whore-house owner:
…The Florida Democrat also accused Kelly of using a ‘racist’ epithet against her during a White House news conference on Thursday afternoon, where he compared her to an ’empty barrel.’
Wilson said that after looking it up in the dictionary, she had concluded that ’empty barrel’ is a ‘racist term.’ ….
The Left takes a serious word and uses it and uses it till it looses any meaning! “Racist,” or “Nazi,” or “bigot,” simply now mean a person who disagrees with the Left. What a diminution of thought and grammar and the seriousness these words once relayed to each other when making points. Now these words are just static floating around in the ionosphere like TV shows from the 50’s. As an insightful post in the DAILY CALIFORNIAN notes, “…if everything is racist, nothing is racist.”
POWERLINE says that “America has no sympathy for those who, when losing an argument they started, reflexively accuse their adversary of racism.” To end they say, “The act has become tired.” The DAILY CALLER notes however that “…liberals have pounced on the idea that Gen. Kelly’s criticism is due to Wilson’s race and gender.” Dumb!
“As a vessel is known by the sound, whether it be cracked or not; so men are proved, by their speeches, whether they be wise or foolish” — Demosthenes (384-322 BC)
“An empty vessel makes the loudest sound, so they that have the least wit are the greatest babblers.” — Plato (420’s-340’s BC)
I never heard so loud a voice issue from such an empty heart. It’s true what they say: “THE EMPTY VESSEL MAKES THE GREATEST SOUND.” Bardolph and Nym had ten times more courage than this roaring stage villain, whose nails any Joe could cut with a wooden dagger, but they are both hanged. So would this man if he had the nerve to steal anything bravely. I have to stay with the servants, who are with our camp’s luggage. We’re sitting ducks for the French, if they only knew it, for there is no one guarding it but boys. — William Shakespeare (AD 1564-1616)
The DCNF also found no informal use of the term that would suggest a racial connotation. Even Urban Dictionary, a crowdsourcing website for slang terms, did not list any definitions of “empty barrel” or “empty vessel,” as of Friday morning.
Famous writers have used the expression over the centuries. Playwright William Shakespeare used it in Act 4 of “Henry V.” “I did never know so full a voice issue from so empty a heart: but the saying is true ‘The empty vessel makes the greatest sound,’” wrote Shakespeare.
The famous author Jonathan Swift wrote, “I have always observed that your empty vessels sound loudest.”
Writers have even attributed the phrase to Plato, although there’s no evidence he actually said those words. “An empty vessel makes the loudest sound, so they that have the least wit are the greatest babblers,” Plato allegedly said.
Being called an “empty barrel” is by no means a flattering term, but it’s not a racial slur as Wilson claims.
I bet Sarah Huckabee Sanders saying Rep. Frederica Wilson is “all hat, no cattle,” will be magically pronounced racist. AND AGAIN, the Congresswoman politicized and used this poor woman’s husband as a “chip” on the political table. Shame on her!
In 1871 a fire nearly destroyed the entire city of Chicago, yet, the city rebuilt itself with virtually no government assistance.
The mayor of Chicago put a nonprofit agency, the Chicago Relief and Aid Society, in charge of accepting and distributing the charitable contributions that poured in from all around the country. The police maintained order and attempted to keep looting to a minimum. But this was about the extent of the government’s role.
Just two weeks after the fire, 0. C. Gibbs of the Chicago Relief and Aid Society issued a circular to all Society personnel. The contents of that memo are worth quoting at length:
Every carpenter or mason can now earn from three to four dollars per day, every laborer two dollars, every half-grown boy one dollar, every woman capable of doing household work from two to three dollars per week and her board . . . Clerks, and persons unaccustomed to outdoor labor, if they cannot find such employment as they have been accustomed to, must take such as is offered or leave the city. Any man, single woman, or boy, able to work and unemployed at this time, is so from choice and not from necessity…
Give no aid to any families who are capable of earning their own support, if fully employed….
No aid should be rendered to persons possessed of property, either personal or real, from which they might, by reasonable exertions, procure the means to supply their wants, nor to those who have friends able to help them.
The Society received some criticism for its arguably bureaucratic way of administering aid, but most observers called its work outstanding. The organization’s meticulous record keeping and careful investigation of applicants helped to detect fraud, making sure beneficiaries truly needed assistance, unlike the “get-in-line, here’s-a-check” mentality of today.
If the city of Chicago, now the nation’s third-largest city, could rebuild itself without government assistance, why assume government is required for individuals to rebuild themselves?
Tuesday I wrote about actress Reese Witherspoon who told a “Women in Hollywood” event held in Beverly Hills that she had been sexually assaulted several times in her career, starting at age sixteen. Actress Jessica Chastain was at the same event and she offered her own take on the scandal, suggesting that Hollywood was full of complete and utter hypocrites. From the Hollywood Reporter:
“This is an industry rife with racism, sexism and homophobia,” she said, speaking to a room full of women including Laura Dern, Riley Keough and Aaron Sorkin. “It is so closely woven into the fabric of the business that we have become snowblind to the glaring injustices happening every day.”
She continued, “Oh we’re very quick to point the finger at others and address the issue with social action and fundraising. Yet there is a clear disconnect between how we practice what we preach in our industry.”…
…“We rally against the presidential candidate who slants a narrative of his sexual assault as mere locker room talk, but at the same time we ignore the stories and warnings of sexual predators in our offices.”
SOOPERMEXICAN has this video and commentary on this new detail to the uncovering of information regarding some private — legal mind you — conversations in the Trump administration:
…What it comes down to is this – Comey had a memo talking about how he was thinking of not charging Hillary, but that was before he had interviewed two dozen witnesses, including Hillary herself. Gowdy says he wants to straighten this out, and that might include making Comey testify again and explain the order of events…
POWERLINE has a good short post on the subject as well:
It has been reported that Samantha Power, while serving as U.S. ambassador to the United Nations, requested or initiated a request for more than 260 unmaskings of Americans whose conversations were picked up during surveillance. But today, according to Rep. Trey Gowdy,Power denied making anything close to that number of unmasking requests.
Here is what Gowdy told Fox News’ Bret Baier:
BAIER: You are also looking, and have talked to the former Ambassador to the United Nations, Samantha Power. We reported that she requested or her officer requested 260 plus efforts to unmask, in other words, get who was talking about picked up in surveillance. How did she answer that question? Why so many?
GOWDY: Well, I’ll tell you broadly, Bret, I think if she was on your show, she would say those attempt to unmask may have been attributed to her. But they greatly exceed, by an exponential factor, the number of requests that she actually made.
I assume Gowdy is accurately characterizing Power’s testimony. I don’t assume Power is telling the truth, but she may be.
If she is, I agree with Gowdy who also told Baier, “We’ve got to get to the bottom of that.”….
NEWSBUSTERS comments on the situation followed by the excellent legal reporting by Greg Jarrett:
…It’s a scandal that the Big Three (ABC, CBS, NBC) network evening shows have gone out of their way to shun, spending only 3 minutes and 1 second on the story in over two years.
On October 17The Hill’s John Solomon and Alison Spann reported that “Before the Obama administration had approved a controversial deal in 2010 giving Moscow control of a large swath of American uranium, the FBI had gathered substantial evidence that Russian nuclear industry officials were engaged in bribery, kickbacks, extortion and money laundering designed to grow Vladimir Putin’s atomic energy business inside the United States, according to government documents and interviews.”
Additionally, The Hill reported that the FBI had “obtained an eyewitness account — backed by documents — indicating Russian nuclear officials had routed millions of dollars to the U.S. designed to benefit former President Bill Clinton’s charitable foundation during the time Secretary of State Hillary Clinton served on a government body that provided a favorable decision to Moscow, sources told The Hill.”…
Attorney and FOX News Contributor Gregg Jarrett joinedSean Hannityto discuss the illegal money laundering and bribery of the Clinton Foundation.
It was reported earlier today that the FBI uncovered Russian bribery of the Clintons in 2009 and the Department of Justice and the FBI sat on this for four more years.
Worse yet, from today’s report we discovered the investigation was supervised by then-U.S. Attorney Rod Rosenstein, who is now President Trump’s Deputy Attorney General, and then-Assistant FBI Director Andrew McCabe, who is now the deputy FBI director under Trump.
ROSENSTEIN AND MUELLER ALSO SAT ON THE CFIUS COMMITTEE THAT APPROVED THE SALE OF 20% OF US URANIUM RESERVES TO RUSSIA DESPITE KNOWING RUSSIA HAD BRIBED THE CLINTONS FOR THE ILLICIT SALE.
This further tarnishes this respected organization’s good name….
The Senate Judiciary Committee has launched a probe into a Russian nuclear bribery case, demanding several federal agencies disclose whether they knew the FBI had uncovered the corruption before the Obama administration in 2010 approved a controversial uranium deal with Moscow.
Sen. Chuck Grassley (R-Iowa), the committee chairman, gets his first chance to raise the issue in public on Wednesday when he questions Attorney General Jeff Sessions during an oversight hearing.
Aides said the committee had sent requests for information to 10 federal agencies involved in the Russian uranium approvals.
The senator also specifically conveyed in the latest letters he no longer accepts the Obama administration’s assurances from 2015 that there was no basis to block the Uranium One deal.
“I am not convinced by these assurances,” Grassley wrote the Homeland Security Department last week. “The sale of Uranium One resulted in a Russian government takeover of a significant portion of U.S. uranium mining capacity. In light of that fact, very serious questions remain about the basis for the finding that this transaction did not threaten to impair U.S. national security.”
He also questioned whether the documented corruption that was uncovered posed a national security threat that should have voided approval of the uranium deal.
“It has recently come to the Committee’s attention that employees of Rosatom were involved in a criminal enterprise involving a conspiracy to commit extortion and money laundering during the time of the CFIUS transaction,” Grassley wrote in one such letter addressed to Sessions.
“The fact that Rosatom subsidiaries in the United States were under criminal investigation as a result of a U.S. intelligence operation apparently around the time CFIUS approved the Uranium One/Rosatom transaction raises questions about whether that information factored into CFIUS’ decision to approve the transaction,” the chairman added.
Grassley has been one of the few congressional leaders to have consistently raised questions about the uranium deal, and in 2015 agencies told his committee they had no national security reasons to reject the Moscow approval.
Those representations, however, made no mention of the FBI probe or the national security issues uncovered by agents, including the fact that Russian officials had compromised an American trucking firm that transported uranium….
….According to The Hill, there are strong ties between the high-level officials who were involved in the allegedly undisclosed investigation on the Russian bribery scheme and the current investigation into whether Trump campaign officials “colluded” with Russia during the 2016 presidential campaign:
The investigation was ultimately supervised by then-U.S. Attorney Rod Rosenstein, an Obama appointee who now serves as President Trump’s deputy attorney general, and then-Assistant FBI Director Andrew McCabe, now the deputy FBI director under Trump, Justice Department documents show.
Both men now play a key role in the current investigation into possible, but still unproven, collusion between Russia and Donald Trump’s campaign during the 2016 election cycle. McCabe is under congressional and Justice Department inspector general investigation in connection with money his wife’s Virginia state Senate campaign accepted in 2015 from now-Virginia Gov. Terry McAuliffe at a time when McAuliffe was reportedly under investigation by the FBI.
The connections to the current Russia case are many. The Mikerin probe began in 2009 when Robert Mueller, now the special counsel in charge of the Trump case, was still FBI director. And it ended in late 2015 under the direction of then-FBI Director James Comey, whom Trump fired earlier this year.
Mueller has come under fire after it was revealed that the attorneys on his staff made previous political donations to the Democratic Party, including to presidential candidate Hillary Clinton while making none to then-candidate Donald Trump.
….And yet on the ground, in the real world, Trump is methodically pushing ahead with the agenda he campaigned on. That includes:
Nominating judges and justices who can be counted on to interpret and enforce the law but do not endeavor to use the law to promote their social agenda;
Addressing the problem of illegal immigration and securing the borders of the United States;
Developing America’s vast energy resources;
Rolling back the regulatory state, especially the administrative overreach of agencies such as the Environmental Protection Agency;
Pursuing policies that put America, and American workers, first, not to the detriment of our relationships with our international partners but through a recognition that strength and sovereign independence make nations more reliable actors;
Restoring the combat readiness and morale of the United States military;
Simplifying the U.S. tax code, making it more competitive for U.S. businesses and more equitable for individuals;
Getting a handle on the unconstitutional and shockingly inefficient monstrosity ironically called the Affordable Care Act;
Putting a stop to the obscene violation of due process that Title IX fanatics brought to college campuses across the country.
And many other initiatives large and small.
In all of these areas, Trump is proceeding not as a wrecking ball but as a deliberate, if often voluble and sometimes exasperating, agent of change.
On the campaign trail, Trump promised that, if elected, the American people would start “winning” again. “You’ll have so much winning,” he said, “you’ll get bored with winning.”
Now, almost nine months into his first term, how is he doing? Real unemployment is on the wane. The stock market is at an historic high. So is consumer confidence. Illegal immigration is down nearly 70 percent. America is now a net exporter of energy. Just a few days ago, Trump declined to re-certify the malevolent nuclear deal that Obama made with Iran, winning from Israeli Prime Minister Netanyahu this commendation: “I congratulate President Trump for his courageous decision today. He boldly confronted Iran’s terrorist regime. . . . If the Iran deal is left unchanged, one thing is absolutely certain—in a few years’ time, the world’s foremost terrorist regime will have an arsenal of nuclear weapons and that’s a tremendous danger for our collective future.”
Just a couple of days ago, Trump, having been disappointed by a supine Republican Congress, issued an executive order that will make it easier for people to band together to obtain health insurance tailored to their needs (instead of being forced into federally defined, one-size-fits-all plans) while also ending the unconstitutional federal subsidies (unconstitutional because the money wasn’t appropriated by Congress) to big insurance companies, amounting to some $7 billion per year (the price of getting those companies on board with Obamacare in the first place).
In any normal world, these would be called significant accomplishments. But in the NeverTrump bubble, none of these victories can evade the protective refracting mirrors that intercept and distort the message. For months, the Huffington Post ran the following disclaimer after every article about Trump: “Editor’s note: Donald Trump regularly incites political violence and is a serial liar, rampant xenophobe, racist, misogynist and birther who has repeatedly pledged to ban all Muslims—1.6 billion members of an entire religion—from entering the U.S.” Even now, according to the Pew Research Center, only 5 percent of news stories about Trump are positive…..
One student, apparently bewildered by the news, didn’t seem to recognize the possibility of Ronald Alford Sr.’s artwork being an attempt to stage anti-Semitic sentiment at the college….
Almost every single “racist” attack attributed to Trump supporters and to white college students has been proven to be a hoax. The above video is the latest example. GAY PATRIOT notes well the issue herein:
The latest entry in the database is St. Olaf’s College. Some students got racist notes on their windshields. It hurt their feelers. Which was a campus-wide crisis. Because, you know, windshield notes and people’s feelings are SO much more important than exams or people’s medical problems or the homeless or people who have to dodge bombs in war-torn Syria.
Except for one thing: It was fake news. One of the victims confessed to being the perpetrator, in a supposed “strategy to draw attention to concerns about the campus climate.”
JEFF, in his post, continues to rightly note these are the “real hate crimes”
they’re real hate crimes. We’re just not supposed to notice. As normals, our assigned role is to accept the misplaced blame, let ourselves be scapegoated, feel guilty and submit to the SJWs.
Hey, SJWs: YOU ARE LITERALLY THE ONES DOING THE HATE SPEECH, IN AMERICA TODAY. If you have to do it yourselves, then no, it’s not a real problem.
MOONBATTERY catalogs this FAUX RACISM even “naming” the victacrat:
….Incidentally, although the university refuses to make it official, we have a pretty good idea who the hoaxer is.
On April 29, St. Olaf senior Samantha Wells, who is black, posted images on social media of a threatening note she said she had found on her windshield. Wells was a featured speaker at campus rallies this month, tearfully relaying the discovery of the note and how unsafe it made her feel on campus.
Despite her grandstanding, Wells was unwilling to file a criminal report, and she burned the note, conveniently destroying the evidence. Police have closed their investigation.
Somehow life goes on for the put-upon victim of racist oppression. She is graduating soon, and will be leaving for Europe next month.
Wells is unsurprisingly into politics. She was Community Outreach Organizer of the Northfield Chapter for Bernie Sanders and of St. Olaf College for Sanders. She will go far.
Ronald Alford Sr. lexi West Goshen Township Student of Color Michael Bennett March to Confront White Supremacy Mike Feuer Halle Berry Lena Dunham Again Joey the Gay Bartender Bill Clark Brian Telfair Jaime Hurtado Aisha Ismail Karen Mathews Davis Linda Sarsour Unnamed Pakistani-American in Queens Heather Franklin Samantha Wells Nathan Stang Azhar Hussain USC Diverse Neighbor Alexandria Butler and Elizabeth Police Justin Lamar Coleman Daniel Drezner/Josh Dawsey Harvard Palestine Solidarity Committee Curtis Flournoy DeWitt Lambert Cainin Hakeem Milton Gustavus Adolphus College Diversity Leadership Team Isreali Jewish Center Bomb Hoaxer Andrew King Clive Jamar Wilson Muhammad Ali Jr. Halley Bass Washington Cemetery Khizr Khan Hisham Saadi Juan Thompson Lakeville, Minnesota Non-Caucasian Special Ed Student Scott Young Kelly Carter Osama Nazzal Ibtihaj Muhammad Michael Kee Mike Hager Sinem Anne Arundel High School’s Kool Kids Klan David Williams Kara Stevens Muslim Friend of Aisha Sharif at San Diego State University of Michigan Hijab Wearer Andrew McClinton Vincent Palmer Yasmin Seweid Villanova University William Tucker Taylor Volk Kirkland Phony Postelection Sexual Assault Victim Williams College Fake Blood Splatterers Neighborhood Town Watch Anti-Hijab Letter Eleesha Long Malden, MA Phony Trumpsters Victim Sara Farsakh Kathy Mirah Tu Chris Ball Ashley Boyer University of Louisiana Heisted Hijab Abdul Aziz Brooklyn Muslim Community Center Teens London, Ontario Islamic Shopper Calum McSwiggan Marcus Owens Hamza Warsame Alexis Adams SIUC White is Right Video Salisbury University Graffiti Artists TarheelTransgender Jordan D. Brown Bingen Syrian Eric Danko and Jordan Schaeffer Manhattan Self-Slasher Seattle Africatown Center Graffiti Mari Poindexter Phony Nevada Klansmen Saida Chatti Julian Kinzel Imani Perry Asha Burwell and Friends Jesus Francisco Cabrera Michael Dekota McRae Gary Nathaniel Moore San Bernardino Backlash Mercutio Southall Hyacinth Peccoo Clive Higgins and Lonnie Blackwell Anonymous Liar From India in Orangeburg County, SC Kayla-Simone McKelvey Hidden Dores Royall Must Fall Shalaria Jones Emmanuel Bowden Kynnedi Grant Clarke Perkins FierceFemtivist Payton Head Mizzou Fecal Swastika Berkeley High Dorothy Bland Georgia Tech Person of Preferred Pigmentation Melvin and Angelica Hale Haakon Gisvold University of Delaware Ahmed Muhamed Ashley Powell Garnet Coleman John Sherman Carol Anne and Laura Stutte Minati Roychoudhuri Frank Elliott Planned Parenthood Shaun King Julie Baker Vincent Broughton Rick Jones Connie St Louis Rachel Dolezal Tahera Ahmad Phony University of Minnesota Rape Victim Sarah Silverman Kassim Alhimidi George Washington University Swastika Adam Hoover Ambreen Sharif Charles Blow Morgan Triplett Desiree Nall Mindy Brickman Oberlin College Lena Dunham Rolling Stone/Jackie University of Chicago Facebook Hoax Adam Saleh and Sheikh Akbar Daniele Watts Keith Jones Sweet Briar College Hoaxer Grand Valley State University Student Richard Kennedy Anonymous Hercules Middle-High School Student Joe Williams Andrea Brazier Genesis Hernandez Danya Morales Toni Christina Jenkins Dylan Bleier and Matt Alden Meg Lanker-Simons Olander Cuthrell Charlie Rogers Sharmeka Moffitt Joseph Baken Alexandra Pennell Aimee Whitchurch and Christel Conklin Quinn Matney Aubriana Banks Sarah Marshak Floyd Elliot Tawana Brawley Crystal Gail Mangum Kerri Dunn Leah Miller Ahmad Saad Nasim
“One of the biggest things we can do is identify what our problem is. We have a problem which we have a white Marxist organization that has indoctrinated our kids the last 15 years with anti-white, anti-flag, anti-American — everything you see on the sidelines today has been flooded into our community — the liberal filth for 15 years — it’s called Black Entertainment Television [BET].
It’s not owned by black people It’s white people with a black facade, black employees with a message that is anti-American. So you have all these kids growing up in this environment, they’ve become millionaires, they’re going to believe what they were taught to believe.
We are up against a very evil ideology, guys. And understand that and we pull these guys from behind their corporate boardrooms. Have them stand in front of the American people and explain what they are doing to us.”
…It’s the opinion of the courts, as the LA Times reported back in May of 2016–it’s unconstitutional:
House Republicans won Round 2 in a potentially historic lawsuit Thursday when a federal judge declared the Obama administration was unconstitutionally spending money to subsidize health insurers without obtaining an appropriation from Congress.
Last year, U.S. District Court Judge Rosemary Collyer broke new ground by ruling the GOP-controlled House of Representatives had legal standing to sue the president over how he was enforcing his signature healthcare law.
On Thursday, she ruled the administration is violating a provision of the law by paying promised reimbursements to health insurers who provide coverage at reduced costs to low-income Americans.
The judge’s ruling, while a setback for the administration, was put on hold immediately and stands a good chance of being overturned on appeal.
Josh Blackman elaborated on this subsidy provision in National Review back in July:
In 2014, a federal judge concluded that with the so-called OPM fix, the “executive branch has rewritten a key provision of the ACA so as to render it essentially meaningless in order to save members of Congress and their staffs.” Allowing the administration to rewrite the law, he wrote, “would be a violation of Article I of the Constitution, which reposes the lawmaking power in the legislative branch.” However, because the plaintiffs in the lawsuit (Senator Ron Johnson and one of his staffers) were not personally injured by OPM’s policy — indeed they benefited — the case was dismissed for lack of standing. While the Obama administration was content to make these illegal payments, the Trump administration should halt them.
Congress is not the only beneficiary of such illegal largess. The ACA employed two strategies to make health insurance more affordable. Section 1401 of the law provides for the payment of subsidies to consumers to reduce premiums. Section 1402 provides payments to insurers to offset certain “cost sharing” fees, such as deductibles and co-pays. But while the ACA funds the subsidies under Section 1401 with a permanent appropriation, to date, Congress has not provided an annual appropriation for the cost-sharing subsidies under Section 1402.
Once again, where Congress would not act, President Obama did so unilaterally. The executive branch pretended that the ACA had actually funded Section 1402 all along, and it paid billions of dollars to insurers. Once again, Mr. Trump is exactly right that this is a “BAILOUT.” And, once again, the payments are a violation of the separation of powers.
Now, we have Jonathan Turley, a constitutional scholar at the George Washington University Law School, reiterating the point that the Obamacare subsidy provision was unconstitutional with Fox News’ Bret Baier last Friday…..