Showing posts with label Obstruction. Show all posts
Showing posts with label Obstruction. Show all posts

Friday, November 01, 2019

McConnell's Senate Graveyard

Pelosi describes McConnell's Bills Graveyard
The primary duty of Congress is to write, debate and pass laws.  Congress is composed of two bodies; the House of Representatives and the Senate.

The leader of the House of Representatives is a person selected from the members of the party in the majority.  In the house, the Democrats are in the majority and Nancy Pelosi is the leader known as Speaker of the House.  

The leader of the Senate is known as the Senate Majority Leader and is also selected from the party in the majority for that body.  In the Senate, the Republicans are in the majority and Mitch McConnell is the Senate Majority Leader.  

The White House and the Congressional GOP have often used derogatory terms to describe the Democrats in Congress.  Much like the childish bullies they are, they believe that name-calling is a useful policy tool.  We have heard Trump use slogans like "Do nothing Democrats" to convince their  own gullible constituents that it's the Democrats who are not getting anything done in Congress.  However, in this case, the name-calling tool is really a projection of their own failure to work for America.  

In order to pass legislation that originates in the House of Representatives, Mitch McConnell must bring those bills up for debate in the Senate.  In a normal functioning Congress, the goal is to find agreement in both houses through compromise and concessions during a healthy debate. The goal is to enact legislation intended to help all Americans and improve the condition of the country.  But in the Republican led Senate, the goal is to stifle Democratic legislation that would help Americans.

McConnell has stated publicly that no Democratic bills will ever pass the Senate and will "die" there.  McConnell has been so pleased to prevent America from progressing with bipartisan legislation that he sees his new job as that of a "grim reaper," a name that he gave himself.  And he has been true to his name.  

According to the website congress.gov, in this 116th Congress, the House has so far passed 258 (H.R.) bills since the session started in 2019.  To view each bill and search for other interesting data, visit congress.gov at the following shortened url:  http://bit.ly/2PJQ9A5 .

Only thirty-three House bills have passed the Senate and only thirty-one have become law.

McConnell and the Republicans in the 116th Congressional Senate have introduced thirty-nine bills.  Eleven of them have become law.  Included in those Senate initiated bills that became law are:
  • S.2249 A bill to allow the Deputy Administrator of FAA to continue as Deputy
  • S.1693 National Flood Insurance Extension
  • S.1379 Pandemic and All-Hazards Preparedness
  • S.998 Supporting and Treating Officers in Crisis
  • S.863 A bill to amend title 38 to clarify pay grade and pay of podiatrists of the VA
  • S.744 Effective Prosecution and Possession of Biological Toxins and Agents
  • S.483 Pesticide Registration Improvement Extension
  • S.252 A bill to authorize Bob Doyle to grade of Colonel in the regular Army
  • S.163 Alaska Remote Generator Reliability and Protection
  • S.49 A bill to designate the outstation of the VA in North Ogden, Utah as Major Brent Taylor Vet Center Outstation
There are so many House Democratic bills that McConnell is holding up, I cannot include them all, but a few of the more important ones include:
  • H.R.3722 Joint Task Force to Combat Opioid Trafficking
  • H.R.3710 Cybersecurity Vulnerability Remediation
  • H.R.3625 PCAOB Whistleblower Protection Act of 2019
  • H.R.3525 U.S. Border Patrol Medical Screening Standards
  • H.R.3239 Humanitarian Standards for Individuals in Customs and Border Protection Custody
  • H.R.2513 Corporate Transparency Act
  • H.R.2359 Whole Veterans Act
  • H.R.1585 Violence Against Women Reauthorization Act
  • H.R.1331 Local Water Protection Act
  • H.R.1112 Enhanced Background Checks Act
  • H.R.987 Strengthening Health Care and Lowering Prescription Drug Costs
  • H.R.986 Protecting Americans with Preexisting Conditions
  • H.R.582 Raise the Wage Act
  • H.R.6 American Dream and Promise Act
If you visit the government website mentioned above, you can see the stark reality that it is the Republicans in Congress that are obstructionists.  You realize that the Democrats in Congress have the energy, desire and concern for America that enables them to create these bills.

Republicans have proven themselves to be liars, obstructionists, and now grim reapers.  They may think they are attacking Democrats but it is you, the American people, that the Republicans are really hurting. Vote smart when the time comes and don't believe the Republican lies.   


Saturday, November 05, 2016

There is a much better way than voting for Trump to express your anger with government

Whether you are Republican or Democrat, many people are upset with government.  Some are so upset with what they call government establishment politicians, that they want something completely different.  They want someone with no connection to the existing government infrastructure.  Given the choices for President this year, they see Donald Trump, a person with more connections to the Russian government than the American government, as suitable.

Trump supporters are so angry with government, that they are willing to forgive Trump of all his trespasses.  They have faith that a proven narcisisstic sociopath and sexual predator such as Trump can change his nature to become a true American dream of a patriotic and fair presidential Trump.  Someone who will "drain the swamp" in Washington (as Donald tweets) to correct the injustices they have felt and  that they believe have been caused by those politicians running the government now.

These angry feelings are understandable, but the source of this anger may be misdirected and the resolution of this anger by voting for Trump will only feel good for a very short time.  Trump's transgressions and trespasses will only get worse if he becomes President.

We are dealing with a man who has serious mental illness that may not be curable.  It prevents him from respecting anyone's opinion but his own.  It causes him to do and say things that a psychologically healthy person would find abhorrent.

Winning is more important to him than being President, and if he should lose, his flaws will cause him to find unreasonable excuses and blame others.  It causes him to assume an authoritarian personality which if elected, will make his term as President resemble a dictatorship more than democracy.

His business dealings with foreign governments will jeopardize foreign policy.  His closeness to Russia may cause him to champion policy that will favor Russian world domination.  He may even be seen by Putin as an unwitting partner in his pursuit of that effort.  Imagine the influence that  allying with the United States could have for Putin.

He has already shown an ignorance of our Constitution by challenging freedom of the press and stating that he would jail his political adversaries if elected.  He even violates the rights of American citizens by claiming that an entire religion should be exiled from the country.

He has violated business ethics and treated workers and small businesses unfairly by refusing to pay for work performed according to business contracts.  Many of his businesses have gone down to bankruptcy, which he feels makes him a smart businessman, showing complete apathy for the workers who lost jobs as a result.

He claims he will bring American jobs back to America, yet his own companies operate in China, India, Bangladesh and other third world nations.

I can continue on many more reasons that Donald Trump should not be President, but I promised in my title that there is a better way to resolve the situation that is causing so much anger with the government.

The American electorate agrees that the current Congress is worthless.  We all know that nothing gets done there.  One thing that may be missing from the explanation you have heard in the media is that not everyone there is useless.  In fact, those people that are useless are the biggest reason you are angry, even if you don't realize it.

Republicans may not accept this explanation, but I would ask that you remain open minded and consider that the GOP may have caused your anger.  If you are a devoted Fox News Republican, or listen to the multitude of right wing broadcasters, you may have been brainwashed into believing that Obama and the Congressional Democrats are responsible for all of your anger.  I submit for your review a few of the things that I believe may have caused some of your anger.

If you don't have a good job, let me remind you that America's unemployed work force could be put back to work if the President's American Jobs Act was enacted.  Unfortunately Congressional Republicans prevented passing it.

If you don't feel the improvement in the economy, remember that women earn less than men and yet could become equal in the workforce if legislation to prevent discrimination in wages was lifted by removing Republican obstruction.  Women belong to families, so increasing women's wages increases family wages.

If you care about your fellow Americans, America's immigrant families could receive fairer treatment if Congressional Republican leadership would not disallow a vote.   A bipartisan immigration effort was stifled by Republican leadership.

If you want to improve the finances of many Americans who work in lower paying jobs, and want to help stimulate the economy by putting more money in their hands, then an increase in the minimum wage could do it, except that Republicans refuse to support it.

The unfair control of government realized by the few uber-rich American contributors to the Republican party who influence their legislation and activities could be eliminated if Democrats were in the majority.

The economic theories of the GOP is summed up in the "trickle down" theory, which pretends that jobs will be created by giving tax breaks to the rich at the expense of the middle class.  The failure of the theory has been proven over many years.

It fails because jobs will never be created unless demand for products increases.  No business owner is going to increase the number of people working unless he needs them because the demand for product is exceeding current capacity of the workforce.

One way to benefit the economy, the rich and the middle class would be to increase the wealth of the middle class.  This will allow them to spend more on products and stimulate demand.  This would then allow the business to increase the workforce.  Provided the businessman has some patriotism left, these new workers will be American workers.

This demand side policy has not been allowed into practice by Republicans who are in the majority in Congress and all attempts to introduce increased wages have been blocked by the Congressional GOP.

If you are a caring person, realizing that some poor children go to bed hungry should make you  angry with Congressional Republicans whose cuts to the SNAP program are based on incorrectly identifying fraud as the reason for cutting aid.

If you are proud of your vote, then falsely imposed voting restrictions in Republican run states might make you angry.

Perhaps you are angry that Congress is spending millions of tax dollars on the Republican party's partisan witch-hunts based on false accusations.  Maybe you would like to see this waste of money stop being the focus of the Congress.  The GOP has already promised many more years of "witch hunts" if Hillary Clinton is elected.

America would never again renege on their debt obligations if Republicans are not given the power of the majority to cause it as they have already.  Incidentally, this also added billions to our debt because of our decreased credit rating and increased interest charges as a result.

Dealing with scientific facts, the government could make more reasonable decisions to enact laws that protect our environment and prevent climate change if Republicans were not in control.

Near treasonous acts that show Republican leadership's opposition to government would end.

Using fear tactics and lies to persuade Americans into voting against their own self interest could end if Republicans are shown that using those unethical tactics cannot win them elections.

The federal government may never face another shutdown if Republicans were not in control.

Real efforts to fix the Affordable Care Act to protect Americans with health insurance would be possible and not face Republican efforts to repeal it and replace it with "something really terrific" but as yet unidentified and most likely non-existent.

We can accomplish all of this by voting for Democrats up and down the ticket.  Believe it or not, it is your Republican run Congress that is causing your anger.

Your vote is the key.  Don't waste it on four more years of obstruction.  Your situation will improve as soon as we have reasonable politicians who put people before profits working in our government.







Wednesday, March 25, 2015

The Near Treasonous Acts of a Party Gone Mad

Newest GOP moniker
What does it take for American voters to understand that the intentions of the maladjusted party of the right are dangerously close to treason?

When John Boehner went behind the President's back and secretly asked Benjamin Netanyahu to address both houses of Congress so that he could drum up support for undermining the Iranian nuclear talks, he did it in direct opposition to the leader of the free world's wishes.

When forty-seven Republican Senators conspired and sent a letter to Iranian leaders intending to undermine the nuclear negotiations between the United States and Iran, we heard comparatively little discussion around those actions.  There was no official condemnation and no one was held responsible or made amends or apologies to the American people, the Secretary of State or the administration.

And now we have evidence from the Central Intelligence Agency that Israel shared American secrets obtained from spying on the Iranian talks with America's own GOP Congressional leadership.  Now it all fits together nicely.

Perhaps this information sharing was done well before John Boehner decided to ask Netanyahu to speak to Congress.  Perhaps the knowledge obtained from Israel's spying was the reason John Boehner decided to ask Netanyahu to speak.  Rather than going to the President with the information as a true patriot would, Boehner decided to stand up to the President and withhold evidence.

At the time of Netanyahu's speech to Congress, many observers thought that some of his points describing how the President's plan was going to facilitate Iran's race to a nuclear bomb were exaggerations since the plan itself was not released to the public yet.  It appears now that whatever information Israel learned from their spying, whether it did or not, Netanyahu believed it would expedite achievement of an Iranian nuclear arsenal.  With the proven tendency to be Obama administration conspiracy theorist experts, our senseless GOP leaders fell for it hook, line and sinker. They may have actually been played by Netanyahu.

The next move may be the thing that proves these Republican Congressmen are deserving of condemnation, legal penalties or loss of their jobs.  They acted upon the stolen information that the Israeli spies shared with them when they sent that letter to the Iranian leaders.  To any thinking American Congressman, it would seem that this act is risky, injurious to the discussions and potentially destabilizing to the region.  But we are talking about Republicans.  The only thoughts they have is how to make Obama seem ineffective as a leader.  This one fit right in to their modus operandi.  

House Leader John Boehner, R-OH
Soon John Boehner will be traveling to Israel to speak with Netanyahu.  I wouldn't doubt that Boehner's goal is to gather more secret intelligence to plan phase two of the GOP attack against the American President.

Republicans were outraged over Hillary Clinton's email, yet not one of them thinks anything is wrong with these peculiar, near treasonous actions taken by their own Party members.

Wake up America before it's too late.




Monday, November 11, 2013

The real reason Republican leadership hates ObamaCare

The Affordable Care Act (which is now law) provides health insurance to nearly 30 million Americans who did not previously have it.  It requires health insurance companies to treat Americans fairly.  It mandates a set of health insurance standards to ensure that Americans understand the kind of coverage they are getting.  It eliminates "junk" insurance that does not truly provide helpful coverage.  It provides Americans with a known set of insurance coverages which they have the freedom to choose from.

The law provides subsidies to those families and individuals who could not otherwise afford sensible coverage.  It prevents insurance companies from denying insurance for individuals with pre-existing conditions.  It prevents insurance companies from dropping individuals when their illness becomes too costly to the insurance company.  It provides women with free preventive care for such things as PAP smears.  It allows children to remain on their parent's insurance policy until they are 26 years old.  It eliminates lifetime caps and ensures Americans can remain insured during catastrophic illnesses.  It provides for rebates to insured Americans if their insurance company charges more than 20% of their premium price for management and administrative costs.

The Congressional Budget Office has indicated that the Affordable Care Law will return money to
the economy.  They found that repealing the law would increase the deficit by 108 billion over 10 years.  It has been estimated that the increase in the number of patients will add a windfall of profits to doctors, hospitals and medical device manufacturers.  That profit is estimated to be so high, that most medical device manufacturers have agreed to pay the government back over 80 billion dollars in ten years.  The rise in the patient population is said to be good for jobs.

Where expanded medicaid is implemented in the states, it will cover the very poor and improve state economies not only by preventing costly emergency room visits by the uninsured, but also by providing states with 100% of the cost involved in implementing it in the first three years and 90% of the cost in all future years.

The well being and pursuit of happiness of Americans that is guaranteed by our constitution will improve for millions and millions of Americans because of the law.  So what is the real reason that Republican leadership hates it?

We have heard Republican complaints that people will lose their jobs, businesses will  reduce full time employees and death panels led by the Obama administration will decide who lives and dies because of the law.  Is any of it true or is it just more Republican fear mongering?  You can rest assured that none of it is true and it is just more Republican fear mongering.

Fox news has assisted in this fear mongering by inviting a few guests who have misrepresented their situations so as to appear affected by the law, but when investigated by outside impartial observers, have been found to be mistaken.  Fox news' Sean Hannity has had several staged shows where his invited "audience" of Fox news reporters make stuff up to continue the lie that ObamaCare is the worst thing ever.

We know that Republicans hate ObamaCare.  They have proven it over 40 times when they have wasted taxpayer money to try to repeal it unsuccessfully.  Ted Cruz, that Canadian born Tea Party Senator, has even given a performance in a "filibuster of nothingness" to show his determination that ObamaCare is bad.  He's made millions by conning the American public to support his efforts with contributions in television ads.

So lets get down to it.  The real reason Republican leaders hate ObamaCare has a lot to do with Republican leadership's commitment to a decision they made as a group while President Obama was being inaugurated in 2009.  They all agreed to make the President ineffective in any way they could.  During his first term, Mitch McConnell publicly announced that their most important goal was to make Obama a one term President.

Failing that, they continued to support their goal that this President's legacy will show that he accomplished nothing during his terms in office.  Republicans in Congress have used their power of filibuster, obstruction and majority rule in the House to prevent passage of everything proposed by the Democrats and the President.  The 112th and 113th Congresses, both of which have had Republicans controlling the House, have been the least effective in the history of the United States, passing no substantial legislation in either session.  But that is their goal and they are accomplishing it very effectively, regardless of the impact it has on America.

They are hopeful that when time passes and the memory of their personal acts of destruction to America are forgotten, what history will record is that the first black American President could not accomplish anything.  They are counting on the fading memories of Americans who know about their actions and the ones who don't know the difference in the legislative branch and the executive branch, to wrongly see the President as ineffective.  Their hope is to never allow a black Democrat to become elected President again.  Somehow, their perverse and some would say, bigoted ideas about this appear to them to be the thing that returns public opinion and favoritism to Republican candidates for the office.

The one thing that saves President Obama from this is ObamaCare and Republicans hate that fact.  They hate that all of their efforts may be for nothing unless this ObamaCare law is erased from history.  And so it has become the most important thing that Republicans can target in order to accomplish their goal.

Americans must begin to see the truth about ObamaCare.  They must see the lies coming from the Republican party.  Any party that is willing to take such devious actions and sacrifice Americans to carry out their partisan goals does not deserve to be in office.

Your vote is the key to returning decency to government.  I urge you to vote Democrat in all elections.  

Wednesday, October 02, 2013

Reid to GOP: Give up and become reasonable...(that'll never work.)

Senator Harry Reid (D)
Democrat Senate majority leader Harry Reid sent a letter to John Boehner today asking for a reasonable end to the government closing forced by the unreasonable demands of Republicans.  You can see the entire letter here.

To paraphrase, Senator Reid explains that the actions to close the government are an undeserved consequence of Republican actions which should never have been attempted.

Senator Reid wants Mr. Boehner to become reasonable and pass the Senate version of the clean continuing resolution after which Senator Reid promises to name nominees to a budget conference which he says can start as soon as the government re-opens.

In a nutshell, Harry Reid is asking Republicans to give up their master accomplishment, shutting down the government, in order to behave as reasonable people and compromise on government funding after they wake the government "monster" back up.

There are a number of reasons why Harry Reid's request will not be successful.   However, he doesn't see it because he is a reasonable person who simply doesn't appear to understand the nature of the Republican mind.

First, the radical wing of the Republican party is instigating the government shutdown because they are
anarchists whose purpose is to eliminate government.  They are actually happy that the government is shut-down.  Because they have the ear of some simple-minded citizens and because they have tremendous amounts of cash coming in from like-minded anarchists, they control the Republican party right now.

Their plan all along has been to get the government into this precarious situation.  The first step was to obstruct all Obama era legislation.  The accomplishments of the 112th and 113th Congress since Republicans have been in control of the House are devoid of any substantial legislation.  They are the two worst in the history of the United States.

Next they planned to starve government by allowing the sequester to happen. This was a Republican tactic from the beginning.  John Boehner reminded us of how favorably Republicans see the sequester when he commented that their plan for the continuing resolution keeps the "savings brought about by the sequester."

They saw their next obstacle to government shutdown in Obamacare.  They realized that implementing this program might squash or set their agenda back.  Even their own constituents, as simple-minded as some of them are, might realize that affordable healthcare is something that they want and need from government.  So in their minds this program must be destroyed.

And that brings us to where we are today.  Republicans happy with the damage they have done to America so far, won't be completely satisfied until Obamacare is gone and they will do everything from spreading lies and rumors to creating legislation in Republican controlled states to block it,  blame it, and make it look responsible for their devious behavior.
Congressman Ryan (R)

House Speaker John Boehner (R)
Not only will Boehner not accept Harry Reid's offer, Republicans will allow the government shut down to persist until the next Republican manufactured crisis; the debt ceiling.

It was Paul Ryan who enthusiastically lectured Republicans on live TV just as the government was shutting-down, that the next hostage to use to get their way was the debt ceiling.

So expect the shut down to last at least until then and be prepared for economic melt-down if Republicans hold the debt ceiling hostage.  Economists have compared the damage done by a government shut down to the damage done by defaulting on our debts as the difference between a hand grenade and global nuclear war.

But maybe that is what Republicans want.




Thursday, July 25, 2013

Legal action against Congressional Republicans is overdue

They wanted to make him a one term President.  In a clandestine  meeting they conspired to block every piece of legislation that supported his policies so he would be ineffective as a President.  They lied about his intentions during the 2012 Presidential campaign.  They continually lie about the Affordable Care Act and have voted to repeal it 37 times.  They have even voted against their own legislation when it is clear that Obama supports it.

The obstruction happening in Congress is solely due to Republicans who hate Obama more than they love America.  The most frustrating thing is that not all of America is as angry at Republicans as Republicans in Congress are with President Obama.

Because this Republican obstruction is a conspiracy that is intentionally designed to be destructive to America, Republicans in Congress are guilty of the crimes of "Conspiracy to Obstruct"  and "Conspiracy to Defraud."

The following is the legal explanation of "Conspiracy to Obstruct" (18 U.S.C. 371).

If two or more persons conspire either to commit any offense against the United States or to defraud the United States, or any agency thereof in any manner or for any purpose, and one or more of such persons do any act to effect the object of the conspiracy, each shall be fined under this title or imprisoned not more than five years, or both.

The following is the legal explanation of "Conspiracy to Defraud" 

Section 371 contains both a general conspiracy prohibition and a specific obstruction conspiracy prohibition in the form of a conspiracy to defraud proscription. The elements of conspiracy to defraud the United States are: (1) an agreement of two more individuals; (2) to defraud the United States; and (3) an overt act by one of conspirators in furtherance of the scheme.  The "fraud covered by the statute ‘reaches any conspiracy for the purpose of impairing, obstructing or defeating the lawful functions of any department of Government” by “deceit, craft or trickery, or at least by means that are dishonest.” The scheme may be designed to deprive the United States of money or property, but it need not be so; a plot calculated to frustrate the functions of a governmental entity will suffice.

Debt ceiling discussions are coming up again in the fall.  Raising the debt ceiling is necessary to allow America to pay debts that Congress has already made.  Republicans have already threatened to use the debt ceiling as leverage to get the administration to repeal the Affordable Care Act.  Federal Reserve Chairman, Ben Bernanke and other financial experts have indicated to Congress, that blocking the debt ceiling increase will lead to a serious recession.

If Republicans go ahead with this threat it will do severe damage to the United States economy with their full approval.  This is more than ordinary politics.  It is akin to a terrorist threat that means to do harm to America.

If Republicans block debt ceiling increases, Attorney General Eric Holder would be correct to bring them up on criminal charges.  Republicans in Congress have so far escaped legal action for their conspiracy against the United States, but they are no longer legitimate politicians.  If they place America into default on its debts they have entered into the realm of disobedience to law and deserve to be held accountable.  

The chances of legal action against them are slim but you can do something about them.  Write them, call them and tell others how you feel about their actions.  Doing this now may help avoid disaster.  Don't wait until it's too late and you are personally affected by their actions.

At the very least, please vote them out of office in the 2014 mid-term elections and help get government working for all the people and not against them.

Tuesday, July 16, 2013

Harry Reid is giving Senate Republicans one more chance before launching the nuclear option

Senator Harry Reid
Senate majority leader Harry Reid entered closed door session Monday evening with Minority leader Mitch McConnell and other Senators interested in avoiding the "nuclear option" being threatened by Reid which would likely change Senate filibuster rules solely by Democratic votes.  

Because Republicans in the Senate have caused an unprecedented number of filibusters, some of which are directed toward obstruction of President Obama's appointments to key federal agencies, Reid has hinted that the rules around Presidential appointments might be changed to allow a simple majority vote for approval.  Currently, appointments must be approved by 2/3 of the Senate, or 67 Senators.  Additionally, the rules change could also reduce the number of votes necessary to overcome a filibuster.

Reid's urgency to adopt a rules change is the result of the Republican disruption of government affairs.  There are a good number of federal agencies that cannot function properly without the appointees who are being blocked.  Republicans have publicly announced that they do not have a problem with the appointees, but they are opposing the appointments because they are trying to change the mandates of and prevent affected agencies from being effective.  To paraphrase, Republicans believe this conspiracy to obstruct government affairs is necessary in order to mold government into one that would better serve their constituents.

What has been disclosed about the meeting thus far indicates that no agreement has been reached that will prevent the nuclear option.   Senator Reid will test the stubborn determination of the Republicans in blocking President Obama's appointees by calling for a vote to approve some critical bureau appointees in Tuesday's Senate session.

Among these appointees is Richard Cordray, acting head of the Consumer Financial Protection Bureau.  If Republicans block this appointment, Reid will go ballistic and initiate the nuclear option.  It is not clear if Reid will still go nuclear if all of the previously blocked appointees are still blocked by Republicans.   See the details about the CFPB here.

During the meeting, some Republican Senators were still expecting to get the advantages they have been fighting for by offering empty compromises.  For example, they offered approving Richard Cordray provided the CFPB could be changed the way that Republicans wanted it.  

Reid has said that if the rules change is enacted, only Presidential appointments would be affected by the simple majority rule and not all Senate business.  Some are concerned that such a change could be used against Democratic  introduced legislation, such as ObamaCare if Republicans take the Senate majority after the 2014 elections.

Opinion is that the chance for the nuclear option is high, particularly because of the blockage of the appointees to the National Labor Relations board.  Republicans want to eliminate that agency and approving the appointees is the furthest thing from their minds.

Senator McCain is trying to strike up a deal with other Republicans and Senator Reid to stave off the nuclear option and is leaning toward approving the appointees.  Senator McCain was not sure what the outcome would be.

So we wait.  The one thing that seems most certain is this: if an agreement does not happen before tomorrow's vote and Republicans still block the appointments, the nuclear option will be used.






Saturday, February 09, 2013

Why Republicans in Congress are Guilty of Conspiracy to Obstruct Justice


In 2010 Congress passed the Dodd-Frank Act which establishes the Consumer Financial Protection Bureau (CFPB) as the agency with enforcement power over the Financial industry.  This agency has an important role in preventing another financial disaster as created by a financial industry that enjoyed excessive liberation from regulations during the Bush administration.  The Act is now the law.  

Republicans, in their carefree joy for obstruction of all of President Obama's policies, have decided to take on the CFPB and the Dodd-Frank Act by preventing the approval of Richard Cordray as the CFPB Director.   You may ask, how is this conspiracy to obstruct justice?

We know that crimes were committed that caused the meltdown of financial markets prior to the 2008 crash.  The white collar criminals who committed those crimes are still free.  Although their criminal methods may have become dormant, there is still a public outcry that justice be done by finding and   incarcerating these criminals.  The CFPB is the agency that could make that happen, but their enforcement power is nullified without a Director.  It is the Republicans who are obstructing the actions of the CFPB.  

Congressional Republicans who have sent a letter to President Obama explaining their demands, admit that they are taking the action to reject the President's choice of a Director because they want to weaken CFPB's power.  In using their power to reject the Director, they have lied about their real intentions.  They don't disapprove of Richard Cordray.  They have stated that they will not approve of any Director until the powers of the CFPB as are legally established by the law are changed.  They have conspired to create this fraud against the CFPB and the United States with the admitted intention of obstructing it's legal authority.  This is conspiracy to obstruct and conspiracy to defraud.

The following is the legal explanation of "Conspiracy to Obstruct" (18 U.S.C. 371).

If two or more persons conspire either to commit any offense against the United States or to defraud the United States, or any agency thereof in any manner or for any purpose, and one or more of such persons do any act to effect the object of the conspiracy, each shall be fined under this title or imprisoned not more than five years, or both.

The following is the legal explanation of "Conspiracy to Defraud" 

Section 371 contains both a general conspiracy prohibition and a specific obstruction conspiracy prohibition in the form of a conspiracy to defraud proscription. The elements of conspiracy to defraud the United States are: (1) an agreement of two or more individuals; (2) to defraud the United States; and (3) an overt act by one of conspirators in furtherance of the scheme.  The "fraud covered by the statute ‘reaches any conspiracy for the purpose of impairing, obstructing or defeating the lawful functions of any department of Government” by “deceit, craft or trickery, or at least by means that are dishonest.” The scheme may be designed to deprive the United States of money or property, but it need not be so; a plot calculated to frustrate the functions of a governmental entity will suffice.

It is true that Congress has immunity from prosecution for acts they commit in the normal operation of their duties as legislators.  It does not protect them from committing crimes or violating existing laws.  A case could be made for this obstruction being a criminal act where the department they are obstructing is a federal agency and the actions these Republicans are taking is protecting criminals from prosecution and has done so now since 2010.  These Republicans have certainly over-stepped their normal authority and entered the realm of disobedience of law.

At the very least, every one of the 43 members of Congress who signed Mitch McConnell's conspiracy letter should be fined.  But wouldn't it be great if we could end this obstruction by putting them all in jail.  

Saturday, February 02, 2013

McConnell partners with Crapo and other obstructionist Republican Senators hoping to flush CFPB down the toilet

Consumer Financial Protection Bureau
The Consumer Financial Protection Bureau (CFPB) was created as a new government bureau in 2010 and is tasked with the important role of enforcing laws in the financial industry.  Its founding is the recommended cure for the recklessness in the financial industry that caused the financial disaster of 2008.  Its enactment is legislated through the Dodd-Frank Act.

Crapo (rear) and McConnell
It appears that the Republican obstructionists in Congress do not believe that they have demonstrated well enough their lack of support for the American consumer.  Led by Mitch McConnell and Mike Crapo (pronounced cray-po), forty-three Republican Senators have signed a letter to President Obama indicating that they will not approve Richard Cordray as the Consumer Financial Protection Bureau's Director unless their demands are met.  (Sounds like something a terrorist group might say.)  According to Senator Crapo, it is not Richard Cordray that they oppose, it is the Consumer Financial Protection Bureau (CFPB) in general.

This same scenario happened last year.  The Republicans blocked Richard Cordray so the new Bureau operated without a Director.  But the bureau has no enforcement power under the Dodd-Frank Act unless it has a Director.  So  President Obama assigned Richard Cordray as Director once again, but this time while the Senate was in recess.

A President is constitutionally entitled to make such recess appointments and many of both Parties have done so in the past.  The controversy this time is about the Republicans claim that they were really working and in session at the time of the appointment.  To prevent President Obama from making this appointment, on their way out the door for intersession vacation, Republicans indicated that they were in a "pro-forma" session.  That supposedly means that they are in session and working so they must approve Presidential appointments.  But no one was present or working in the Senate.  It was simply a tactic that Republicans used to block the President's constitutional authority.

In a similar case concerning the National Labor Relations Board appointments, the US District Court of Appeals for the District of Columbia Circuit ruled that the President can not be allowed to make a determination that the Senate is in recess because it could allow him to make recess appointments at any time.  It is my opinion that this decision proves our judicial system is fallible.  Perhaps they do not follow politics, but it should have been obvious or very easy to check that the Senate was in recess.  The mere statement of a "pro-forma" session does not make it so.  The court's decision actually gives license to another example of Republican obstruction tactics where the constitutional rights of a President can be blocked by intentionally lying about being in session.  The decision is expected to be reversed in future court appeals.

To be fair, Republicans have two major demands that would change the autonomous intent of the bureau.

First, they are demanding that the structure of the CFPB be changed.  They believe that there is too much power in the control of one person, namely the Director.  Republicans would prefer to see a board or commission in charge.  My guess is that the Republican's goal for the commission would be to staff it with the same financial experts who helped bring on the financial crises or at least staff it with people whose business interests conflict with the bureau's autonomous role.  Sort of like having gangsters run the Federal Bureau of Investigation.

Second, they want Congress to have oversight of the Bureau's budget.  They claim that the Director can tap into the Federal Reserve System to get any money he feels necessary at any time.  In actual fact however, the Director must submit a budget request to the Federal Reserve with justification and evidence of actuals from prior years.  Legislators have approved this procedure as acceptable when passing the Dodd-Frank Act.  In passing Dodd-Frank they have also approved a discretionary $200 million in Fed funds to be available if necessary, but that discretionary amount must be approved by the  Congressional appropriations process.  Perhaps Republicans don't like Dodd-Frank, but it is the law and they can't simply not abide by its rulings.

In summary, here is my assessment of the situation.  The Republicans do not disapprove of Richard Cordray, yet they are willing to reject him or anyone that the President selects so that they can accomplish their primary political goal of bending the structure of the CFPB into one that benefits their wealthy supporters instead of the American consumer.  I wouldn't expect anything less.