Freedom Line Blog

The best indicator of what someone will do tomorrow is what they’re doing today.

Applying this principle to the Obama administration’s abuse of power regarding the implementation of ObamaCare, key members of the House GOP see no reason to expect a different outcome with comprehensive immigration reform.

Conn Carroll summarizes the growing sentiment:

“They have shown no respect for traditional Constitutional separation of powers,” Rep. Phil Roe, R-Tenn., told National Review’s John Fund about the impact of the ObamaCare delays on the immigration debate, “and that makes it difficult to pass laws where the fear is that they will simply ignore the parts they don’t like.”

Carroll goes on to write that, “Rep. Raul Labrador, R-Idaho, who is on the House Judiciary Committee and had been a member of a bipartisan group working on immigration reform, echoed Roe’s concerns on Meet the Press. ‘In fact, if you look at this ObamaCare debacle that they have right now, this administration is actually deciding when and where to actually enforce the law. And that’s what some of us in the House are concerned about. If you give to this administration the authority to decide when they’re going to enforce the law, how they’re going to enforce the law… what’s going to happen is that we’re going to give legalization to 11 million people and Janet Napolitano is going to come to Congress and tell us that the border is already secure and nothing else needs to happen.’”

That’s exactly right. Members of Congress can negotiate all they want among themselves about a pathway to citizenship, security triggers and the like, but unless there is a change in the current president’s management style, all such agreements and understandings are worthless. As President Obama clearly showed by suspending enforcement of ObamaCare’s employer mandate last week, the law as written is merely a starting point for executive policy making.

Lois Lerner impliedly waived her Fifth Amendment right against self-incrimination, according to a party-line vote in the House Government Oversight Committee today.

Lerner entered a brief statement declaring her innocence before invoking the Fifth Amendment during a May 14 appearance before the committee to discuss her role in the IRS scandal targeting conservative groups for extra scrutiny.

Soon after, Lerner was placed on administrative leave from the IRS.

The resolution is the first step in a process that could result in a Contempt of Congress citation against Lerner. If so, she would be the second Obama administration political appointee to receive the highest form of censure by a congressional chamber.

The other person: Attorney General Eric Holder.

H/T: Washington Post

Senator Jeff Sessions (R-AL) has been telling anyone who will listen that the immigration reform bill set to pass the U.S. Senate will hurt low-skill and entry-level workers. Flood the market with millions of cheap labor, and the results will be a dip in wages and a scarcity of jobs.

Senator Bernie Sanders (I-VT) agrees. This week Sanders, the Socialist who caucuses with Democrats in the Senate, got the Gang of Eight and their allies to include a program that will fund summer jobs for American youths (ages 16-24) displaced by the wave of legalized immigrants once the reform becomes law.

Cost to taxpayers: $1.5 billion over two years.

The Sanders program is one of the price-spiking changes made by the Corker-Hoeven amendment to the Gang of Eight’s immigration bill.

Besides the cost, including the provision undermines the Gang’s argument that legalizing 11 million people won’t have a negative impact on current legal workers.

If this bill becomes law, it’s almost certain that this won’t be Congress’ last attempt to spend its way out of an unemployment problem it is choosing to create.

H/T: Byron York

As the U.S. Senate votes today on the Corker-Hoeven amendment – a last-minute attempt by moderate Republicans to create the veneer of bipartisanship on the Gang of Eight’s immigration bill – Rand Paul is fast-becoming the voice and face of conservative opposition.

Late last week the Senate rejected Paul’s ‘Trust But Verify’ amendment that would have required annual votes by Congress to decide whether the southern border is secure. As written, the Gang’s bill punts the hard decisions about security to the Department of Homeland Security, the same bureaucracy implementing “deferred action” on over 1 million illegal immigrants.

With the Senate refusing to accept responsibility for securing the border, Paul is a solid No vote on the Gang’s version of immigration reform. And for good reason. As the Kentucky Republican noted on CNN, the Gang’s bill is “dead on arrival” in the GOP-led House of Representatives.

My guess is that adoption today of Corker-Hoeven – if it happens – won’t change Paul’s or any other conservative’s support because the slap-dash amendment is little more than a grab-bag of promises that can easily be nullified by DHS. As with most immigration proposals, there are no real teeth when it comes to enforcement.

By contrast, Paul’s ‘Trust But Verify’ amendment makes a systemic change in immigration policy by getting Congress back in the game on border security. Putting politicians on record about the state of the border will force them to focus on the metrics necessary to make such a decision. And since a voting record is the most direct way to measure a legislator’s performance in office, you can bet that a series of border security votes will be one of the key factors in future elections.

This kind of accountability is exactly what the Constitution envisions for Members of Congress. Rand Paul is right to steer clear of deceptive attempts by the Gang and Corker-Hoeven to sound tough on the border while in reality shirking responsibility.

Thanks to a little-noticed Republican amendment, ObamaCare puts Members of Congress and their staffers under the same insurance rate-shock being anticipated by the private sector.

Reporting in Politico gives a useful summary:

“Currently, aides and lawmakers receive their health care under the generous Federal Employee Health Benefits Program. The government subsidizes upward of 75 percent of the premiums for the health insurance plans. In 2014, most Capitol Hill aides and lawmakers are expected to be put onto those exchanges, and there has been no guidance whether the government will subsidize those premiums. This is expected to cause a steep spike in health insurance costs.”

The source of the heartburn is the Grassley Amendment. Added to ObamaCare in 2010 during Senate debate, the amendment requires aides and lawmakers to use insurance plans that are either “created” by the law or “offered through an exchange.”

Partisans on both sides agree that the text and the intent of the amendment ensure that Congress and its employees will be subject to the same regulatory pain ObamaCare imposes on everyone else.

So, unless the feds carve out an exemption for Congress, there could be a sudden burst of retirements as staff members try to avoid paying higher premiums on lower incomes than they could get in the private sector.

If that happens, the coming brain drain in Congress will negatively impact the quality of work it produces. But unlike every other employer in America, the national legislature has only itself to blame.

On the day Hillary Clinton joins Twitter, the Washington Post reports that her popularity is dipping as Independents turn a bit sour on the former Secretary of State, U.S. Senator, and First Lady.

A big factor affecting the public’s perception of Clinton is the Benghazi scandal that helped to accelerate her exit from office. Because of her defiant testimony in the aftermath of the terrorist-led killings of four Americans, congressional investigators have been laying the groundwork to summon her to Capitol Hill to clarify her remarks, and this time as a private citizen.

A private citizen with an eye toward running for President of the United States in 2016, that is. So far, Clinton has been able to avoid culpability for Benghazi, in part because the fiasco seems like anomaly in an otherwise scandal-free tenure at State.

But as of today, that perception may be changing. Radically.

CBS News is reporting that “Uncovered documents show the U.S. State Department may have covered up allegations of illegal behavior ranging from sexual assaults to an underground drug ring.”

An internal investigation now made public cites examples of an ambassador being allowed to continue at his post despite deliberately losing his security detail “to solicit sexual favors from prostitutes,” and several instances where investigators “were simply told to back off investigations of high-ranking State Department members.”

If this story gets legs – and with all the attention paid to whistleblowers at the moment, I expect it will – it looks like the Hillary 2016 speculation will first have to overcome revelations of gross mismanagement that enabled criminal behavior and exposed four Americans to a deadly, and avoidable, attack.

Not exactly the profile of a future president.

Readers know we’ve taken an interest in Eric Holder’s, at best, misleading testimony to Congress about his role in the James Rosen search warrant because, most likely, it’s the clearest evidence yet that the Attorney General should be removed from office.

But to find out whether Holder perjured himself, Congress needs to know all the facts. That means getting Holder to clarify his conflicting statements about whether he intended to prosecute Rosen as a criminal, or just allege the accusation as a smokescreen to get unprecedented – and unlawful – access to the Fox News reporter’s personal communications.

Holder made his misleading statement under oath on May 15. The Judiciary Committee gave him until the close of business yesterday (June 5) to clarify. With that deadline now passed, it’s up to House Republicans to make the next move. For the sake of the truth, it better be good.

Officials at the Department of Justice say boss Attorney General Eric Holder did not commit perjury when he lied to Congress under oath.

Okay, that’s a little unfair (but only a little).

Here’s the way CNN phrases it: “Attorney General Eric Holder’s sworn testimony before lawmakers this month was ‘accurate and consistent with the facts,’ a Justice Department spokesman stressed late Thursday.”

Apparently, those facts are these: Since Holder and DOJ are not intending to prosecute Fox News reporter James Rosen as a co-conspirator in a national security leak investigation, Holder was telling the truth when he said under oath that prosecuting journalists “is not something I’ve ever been involved in, heard of, or would think would be wise policy.”

But as I said yesterday knocking down a similar argument, that’s fallacious. There is zero chance a federal judge would have approved of the Rosen search warrant had investigators not labeled him a co-conspirator, implying that he too would be prosecuted.

Wrong too is any idea that anyone in the Justice Department is going to say or do anything to question their boss’s fitness for office.

That job belongs to Congress. And, if the evidence they uncover convinces a majority that Holder is unfit to be Attorney General, they should impeach him.

Yesterday a reporter read Attorney General Eric Holder’s recent congressional testimony to White House spokesman Jay Carney.

Responding to a question last week about prosecuting journalists as co-conspirators under the Espionage Act of 1917, Holder told a House committee: “In regard to potential prosecution of the press for the disclosure of material – this is not something I’ve ever been involved in, heard of, or would think would be wise policy.”

Unfortunately, it came to light soon after that Holder was, in fact, involved in potentially prosecuting a journalist for espionage – James Rosen of Fox News, three years before he made the statement above to Congress.

And yet, in full spin mode and with a straight face, Carney said, “Clearly what the attorney general said is accurate.”

The Hill summarizes Carney’s position as, “media reports indicate that no prosecution of Rosen is being contemplated, and that therefore Holder’s statement regarding potential prosecution is correct.”

But Carney’s characterization changes the timeline. Holder said it’s “not something I’ve ever been involved in,” meaning Holder was never involved in potentially prosecuting a journalist. That’s clearly false. What Carney is trying to do by stressing the current reality that no prosecution is pending is to make it seem like Holder’s failure to prosecute now renders his previous support irrelevant.

Nice try, Jay, but it won’t fly with Congress or the American people.

As I wrote in my column this week, if Holder can’t be trusted to tell the truth under oath – and his track record proves he can’t – then he is unfit for the office he holds. If he won’t step down voluntarily, then Congress will be under the duty to investigate and, if necessary, impeach.

It looks like there could be a Supreme Court showdown over whether President Barack Obama violated the Constitution when he appointed members to the National Labor Relations Board back in January.

All 45 Senate Republicans have filed a friend of the court brief asking the justices to uphold the D.C. and Second Court’s rulings that the president did just that. The Obama administration, of course, disagrees and wants to high court to reverse.

The constitutional question to be answered is whether the Senate or the President gets to decide when the former is in recess, and thus when the President can make recess appointments to bypass the Constitution’s advice and consent requirement.

Important? You betcha.

As the NLRB case shows, if the President gets to decide when the Senate is in recess then the advice and consent requirement becomes effectively a voluntary procedural hoop that the President can choose to ignore whenever a nominee can’t get the necessary votes for confirmation. Such a development would effectively nullify the Senate’s only real quality control measure in staffing the executive branch.

There’s also an added bonus. If the Court accepts the case, it will be one of the few decisions that deal with actual constitutional text, instead of the “penumbras” and other implied meanings that the justices have imported over the years.

Then again, that may be why this case gets snubbed.

H/T: Politico

The Hill reports that the plot is thickening as key members of Congress ask 15 insurance companies to turn over any records related to potentially illegal fundraising to support ObamaCare by Health and Human Services Secretary Kathleen Sebelius.

The request went to industry giants Aetna, Blue Shield of California, Cigna, Coventry Health Care, H&R Block, HCSC Group, Highmark, Humana, Independence Blue Cross, Kaiser Permanente, United Healthcare, WellPoint, America’s Health Insurance Plans, BlueCross BlueShield Association, and CareFirst BlueCross BlueShield.

The controversy first surfaced when the Washington Post confirmed that HHS Secretary Sebelius is personally contacting private members of the health care industry – including insurance providers – to ask that they donate six- to seven-figure sums to Enroll America, a pro-ObamaCare non-profit advocacy group running a national summer and fall ad campaign to promote enrollment in state-based insurance exchanges.

H&R Block, one of the companies contacted by both Sebelius and Congress, has already committed to donating $500,000 to fund Enroll America’s efforts, according to the New York Times.

With its records request, you can bet that Congress wants to know what exactly was said/indicated/promised in the Sebelius-H&R Block conversation, as well as any other communications between top health insurance companies and their chief regulator.

If those requests aren’t honored voluntarily, expect to see subpoenas follow very quickly.

Former Attorney General Michael Mukasey says appointing a special prosecutor to investigate the IRS scandal would be a bad idea because the investigator would still report to the President.

Better, Mukasey said, for congressional investigations to continue, with a potentially ironic assist from one of the most corrupt divisions in the Department of Justice.

“Ironically, if you decide to have a criminal investigation, I would think that perhaps the proper entity to investigate is the Civil Rights Division of the Justice Department, which has been charged politicizing the way it enforces the law and would have an excellent opportunity to redeem itself and get out from under those charges if it were to conduct an impartial investigation,” Mukasey added.

Though I’m a big fan of Mukasey, particularly his tenure as AG, I just don’t see how the DOJ’s Civil Rights Division gets near this case. In order to prove Mukasey right, the Division would have to conclude in its investigation that major wrongdoing occurred, recommending resignations, fines or criminal charges. Anything less and the Division will be accused of rolling out a whitewash to cover for the Obama administration.

This doesn’t even mention the fact that the DOJ’s Civil Rights Division, as the Mukasey quote alludes to and our own Quin Hillyer has argued, is a breeding ground for corrupt applications of the law. How these legal weasels can be trusted with playing such a sensitive investigation straight is beyond me.

No, the closest we’ll get to an independent arbiter on any of the Obama scandals will be the federal judiciary, and even then there’s no guarantee. Best for the House to continue exercising its oversight responsibilities until they find some smoking guns.

H/T: The Daily Caller

A group of powerful Republicans in the House and Senate is demanding an investigation into potentially illegal fundraising calls by HHS Secretary Kathleen Sebelius to private health companies.

In a letter to the Government Accountability Office, three House committee chairmen and two Senate ranking members said, “The Secretary’s actions show an apparent disregard for constitutional principles and may violate the Antideficiency Act, the prohibition against augmenting congressional appropriations, and executive branch ethics laws,” according to reporting by Politico.

As I explain in my column this week, Sebelius has been caught quoting specific dollar amounts that private companies should donate to a pro-ObamaCare community organizing group getting ready to promote the law ahead of this year’s October enrollment.

Whatever GAO decides to do, it’s a near certainty that the relevant Republican-led House committees with jurisdiction over this scandal will soon launch investigations into Sebelius’s conduct.

Earlier this year Michael Barone catalogued a litany of abuses to the rule of law perpetuated under the Obama Administration. “Gangster Government” is the term Barone coined to describe the behavior.

As of Friday, Barone needs to update his list.

Sarah Kliff broke the news that Kathleen Sebelius, Secretary of Health and Human Services, has been calling health care executives, “asking them to make large financial donations to help with the effort to implement President Obama’s landmark health-care law…”

Imagine the conversation. A health care CEO gets a personal call from the chief regulator of his business suggesting that the company and the people it employs make financial donations to promote a law administered by the regulator.

Sounds like a suggestion that can’t be refused, right?

As Barone would say, this is Gangster Government.

Republicans in Congress need to push back hard on this abuse of power by Sebelius.

The people running businesses are there to make profits, not spend precious resources on ruinous fights with thugs spending taxpayer money.

If Sebelius can get away with coercing businesses to “donate” money to promote a law that increases her power over them, an awful precedent will be set. She – and any of her successors – will be able to tax, fine and now “fundraise” the very people they regulate.

Fail to pay enough, and say goodbye to your livelihood.

Congress needs to put a stop to Sebelius’ abuse of power. Now.

A new Gallup poll provides more proof that the liberal fixation on gun control and immigration reform isn’t even on the Top Ten list of the most important issues for Americans:

This suggests to me that one way to inject issues 1-10 into the deliberations about gun control and immigration is for Republicans in Congress to ask rhetorically, “Why are we discussing restricting guns and legalizing illegal immigrants when 1) 86 percent of Americans want us help create jobs and help the economy grow, 2) 81 percent want us to make the government work more efficiently and fix our schools, and 3) 77 percent want us to address the financial problems with Social Security and Medicare?”

Rather than letting Democrats pick the two issues that most divide Republicans, GOP members of Congress should be picking issues that divide the opposition. Any of Gallup’s Top Ten are natural strong points for Republicans, and especially conservatives. All they need to do is pick one and start reframing the debate.

Now.

Not only does a newly released version of the Gang of Eight’s immigration reform bill expand (from 844 to 867 pages) its previous draft, it also “contains 999 references to waivers, exemptions and political discretion,” according to an analysis by Neil Munro of the Daily Caller.

That means the Gang’s new bill has more exemptions per page than ObamaCare; 1.14 per page to 0.78 by the Daily Caller’s count.

As a reminder, there are now two secretly negotiated versions of comprehensive immigration reform circulating on Capitol Hill, and neither of them includes one word of input from the public, issue experts, or other Members of Congress.

If the U.S. Senate under Majority Leader Harry Reid (D-NV) were following a transparent process it would be expected that the introduced version of the Gang’s immigration bill would change and perhaps get bigger after a few weeks kicking around in committee as Senators and their supporters read and tweaked it.

But the fact that there has been no opportunity for amendments to the Gang’s original bill and barely enough time for opponents to read and understand it – and consequently, find out what’s wrong with it – the arrival of this secretly amended version means that non-Gang members are back to square one trying to figure out what the bill actually says and what it actually does.

With 999 exemptions, waivers and grants of discretion to sort through, it would take the better part of a month to diagram how the law will work when implemented, and ferret out all its unintended consequences.

As it is, the full Senate is expected to start voting on the new version as early as next week when Congress returns from its current recess.

This is government by ambush, and conservatives need to kill both the bill and the perverted process that makes it possible.

The editors at National Review Online give some much-needed advice to the congressional GOP:

“The basic outline of a workable strategy is easy to draw up. First, Republicans should explain why Obamacare is unlikely to work. Second, they should finally unite behind an alternative that would let at least as many people get coverage as Obamacare but without the law’s side-effects. Third, they should say that they plan to repeal and replace Obamacare as soon as they can do so — whether in one fell swoop, which could occur only under a new president in 2017, or one step at a time. Fourth, they should advance bills that both replace parts of Obamacare and highlight its flaws.”

The most perplexing thing about congressional Republicans is that no one has stepped forward to be the Paul Ryan of health care reform. Ryan spent years in the background learning the federal budget process to construct a clear, workable reform that slows down the growth of entitlement spending while making Medicare and Medicaid more market friendly.

With ObamaCare on the books since 2010, it’s a wonder that no Republican in the House or Senate has taken on the responsibility of putting together an alternative that the GOP can rally around. To my knowledge, no one – not the 16 Republican physicians in Congress or anyone on a relevant committee – is taking steps to make sure there’s a workable replacement in the event conservatives get their wish and repeal ObamaCare.

It’s not enough to be right that ObamaCare is wrong on the merits and impossible to implement. There’s also got to be a contrasting vision of health care reform that is better than ObamaCare.

As of now, we’re still waiting.

The Los Angeles Times has a good piece outlining how House Judiciary Committee Chairman Bob Goodlatte (R-VA), a former immigration attorney whose committee has jurisdiction over immigration laws, is planning to contribute to the reform debate begun by the Senate’s Gang of Eight proposal.

In contrast to the Gang’s sprawling 844 pages, Goodlatte is opting for much smaller pieces of legislation that deal with specific issues, such as a guest worker program, border security, and expanding use of E-Verify among employers.

Goodlatte’s process also has another feature that commends it – education for deliberation.

“At the same time, however, the House bills could provide an important educational exercise for many newer GOP lawmakers as they learn the complexities of the immigration debate. Many Republicans represent congressional districts that have very small Latino or immigrant populations, leaving them unfamiliar with the issue. Republican leaders, however, believe that passing immigration reform legislation is vital to their future electoral strategy of attracting Latino voters.

“Goodlatte and others have been conducting study sessions attended by 100 Republican lawmakers to bring them up to speed on immigration issues.”

A big part of Paul Ryan’s popularity is derived from his emphasis on explaining how the current federal system works, where it needs to be fixed, and what solutions will fix the problems. Just like Ryan, Goodlatte seems to realize that Members of Congress, and the public too, will benefit from getting more time, more information, and more debate about how to fix our broken immigration system.

Besides, as ObamaCare has shown, there’s no virtue in “comprehensive” reform if its parts are unintelligible and unworkable. Better to get the policy right the first time.

And the hits just keep on coming.

After news broke that the leadership in both the House and Senate were conspiring to exempt themselves from ObamaCare’s costly insurance exchanges, we’re told that the problem isn’t Congress shirking responsibility for a law it passed.

It’s worse.

The real issue, according to reporting by health policy expert Ezra Klein, is that Congress is too stupid to write a law clear enough to know what it does.

Per Klein:

“Here’s how it happened: Back during the Affordable Care Act negotiations, Sen. Chuck Grassley (R-Iowa) proposed an amendment forcing all members of Congress and all of their staffs to enter the exchanges. The purpose of the amendment was to embarrass the Democrats. But in a bit of jujitsu of which they were inordinately proud, Democrats instead embraced the amendment and added it to the law.
…
“So Grassley’s amendment means that the largest employer in the country is required to put some of its employees — the ones working for Congress — on the exchanges. But the exchanges don’t have any procedures for handling premium contributions for large employers.

“That’s where the problem comes in. This was an offhand amendment that was supposed to be rejected. It’s not clear that the federal government has the authority to pay for congressional staffers on the exchanges, the way it pays for them now in the federal benefits program. That could lead to a lot of staffers quitting Congress because they can’t afford to shoulder 100 percent of their premiums.”

Got that?

Rather than think through how an amendment would alter the structure of a law that, as one of its architects put it recently, “is probably the most complex piece of legislation ever passed by the United States Congress,” Democrats opted to play games. No wonder the lead author of the law sees “a huge train wreck coming down.”

Whether it’s a fine that’s really a tax, a “family glitch,” or now an ambiguous gap in coverage, ObamaCare’s so-called drafting errors are making it one of the worst written laws ever.

Robert Costa says that if the Senate passes the Gang of Eight’s comprehensive immigration reform bill, the House of Representatives stands ready to put the brakes on the latest piece of “must pass” legislation. Their mechanism: Regulator order.

“Regular order” allows House Republicans to dictate the pace of legislation and makes “grand bargains” of any sort harder to pass. Consider immigration. Several sources close to the leadership say that even if the Senate passes something on immigration, the bill will be immediately sent to the committees, and then either sent back to the Senate with changes, or rewritten in a bicameral conference committee. This means that the chance of the Senate’s Gang of Eight bill coming to the House floor, as is , is nearly non-existent. House Republicans would first have to mull it, schedule hearings, and then tinker with its legislative language .

That tweaking process could take months, which is just fine with many Republicans, who’d like the public to have as much time as possible to chew over the controversial elements of Obama’s prized bills. The caucus consensus is: The more time Congress takes to consider a bill, the more time the public has to sour on its components.

Unlike ObamaCare where Nancy Pelosi’s Democratic majority rubberstamped the Senate’s rewrite of the nation’s health insurance market, House Republicans want to make sure they know exactly what’s in the Gang’s immigration bill before voting on it.

If necessary, House Judiciary Committee Chairman Bob Goodlatte (R-VA) is even floating the idea of breaking the Gang’s carefully balanced 1,500 page bill into separate pieces. That way, the most popular measures – such as enhanced border security measures – would likely become law, leaving less desirous elements out until supporters can figure out a way to sell them to the American people.

For a caucus that runs only one-half of one branch of government, regular order sounds like a good strategy to employ.