At least one thing is constant in Washington and at DOJ these days: When you hope that people are not watching, you release subpoenaed documents on Friday evening. This week is no exception, and the dump occurs just before Attorney General Eric Holder is to appear on February 2 before the House Oversight Committee to answer (or more likely evade) more questions about F&F.
Included in the 486 pages of documents are emails from Dennis Burke, the US Attorney for Arizona in charge of F&F, to Manni Wilkerson, Eric Holder's Deputy Chief of Staff, sent the day after the death of Border Patrol Agent Brian Terry. Burke says that some of the guns found at the Brian Terry murder scene were F&F guns. Wilkerson answers that he would like to get followup details. Both Wilkerson and Burke now state that they have no recollection of this email exchange. Curiously, no other emails are included that indicate there was a followup in the inquiry. So, once again, either the DOJ is rife with absolute incompetence, or they realized they better not talk about it in emails.
Friday, January 27, 2012
Thursday, January 26, 2012
Fast & Furious: 103 Congressmen Call for Holder to Resign
Now, almost a quarter of the House of Representatives are calling for Eric Holder to resign. All the Republican candidates, numerous governors and states attorney generals, many Senators, and law enforcement officials form across the country are also doing so. What will Holder do at his next appearance before the House Oversight Committee? He'll probably refuse to say anything substantive - he'll dance and weave just like before. It is all an insult to the People. Either Holder is incompetent or he is lying to Congress. There are no other choices any more.
Wednesday, January 25, 2012
Fast & Furious: Pleading the 5th? Amazing
In a pleading before the House Oversight and Government Reform Committee, Patrick Cunningham has pled the Fifth Amendment during a deposition hearing. Cunningham was the chief of the Criminal Division of the US Attorney’s Office for Arizona during Operation Fast and Furious. He was excused from the deposition after giving only his name and title.
Guilty until proven innocent? I know that is backward, but when a government official uses the Fifth to evade giving answers about the job he did while working for a legal arm of the US Government, then one cannot help but be amazed at the hubris, as well as wonder about how implicating the information he knows really is. What employees do at work is really the public's work and should be available to all.
Guilty until proven innocent? I know that is backward, but when a government official uses the Fifth to evade giving answers about the job he did while working for a legal arm of the US Government, then one cannot help but be amazed at the hubris, as well as wonder about how implicating the information he knows really is. What employees do at work is really the public's work and should be available to all.
Friday, January 13, 2012
Scandals: More Solyndras?
CBS' Sharyl Attkisson reported today about more Solyndra-type solar compamnies that received DOE loans and that have now gone bankrupt. CBS identified 11 companies at risk, for a total of $6.5 Billion in loans.
See CBS video here: Tax-dollars-backing-some-risky-energy-projects
See documents here: Beacon_Power_Docs
Further commentary: Media Bias on Solyndra
Even worse, it appears DOE encouraged Solyndra to delay releasing its bankruptcy filing until after the November elections, for obvious reasons. For Beacon Power, DOE knew the risk was worse than a junk bond, with a 70% chance of failure. Some of the companies and loan amounts involved were:
- Beacon Power, $43 Million, S&P Rating of CCC+
- Nevada Geothermal, $98,5 Million
- Evergreen Solar, $
- Solyndra, $535 Million
- SunPower, $1.2 Billion
- First Solar, $3 Billion
- AES subsidiary Eastern Energy - bankrupt
- SpectraWatt - bankrupt
Once again we prove that the Government should not be picking winners and losers by playing venture capitalist. Steven Chu, the DOE Director is a physicist, not a venture capitalist. DOE even built in $2.4 billion in loan losses into the program. Is this the way to manage the People's money?
See CBS video here: Tax-dollars-backing-some-risky-energy-projects
See documents here: Beacon_Power_Docs
Further commentary: Media Bias on Solyndra
Even worse, it appears DOE encouraged Solyndra to delay releasing its bankruptcy filing until after the November elections, for obvious reasons. For Beacon Power, DOE knew the risk was worse than a junk bond, with a 70% chance of failure. Some of the companies and loan amounts involved were:
- Beacon Power, $43 Million, S&P Rating of CCC+
- Nevada Geothermal, $98,5 Million
- Evergreen Solar, $
- Solyndra, $535 Million
- SunPower, $1.2 Billion
- First Solar, $3 Billion
- AES subsidiary Eastern Energy - bankrupt
- SpectraWatt - bankrupt
Once again we prove that the Government should not be picking winners and losers by playing venture capitalist. Steven Chu, the DOE Director is a physicist, not a venture capitalist. DOE even built in $2.4 billion in loan losses into the program. Is this the way to manage the People's money?
Fast & Furious? Nope! Now We Have Operation White Gun
Another coup of mismanagement for ATF and the Obama DOJ has come to light. It appears the ATF's Los Angeles office has been running an operation similar to Fast & Furious, and once again guns maybe missing.
Once again Richard Serrano from the LA Times comes through with good investigative reporting: Operation White Gun
Also intriguing: A quick Internet survey late Friday shows about 10 English language stories about this new gun scandal. Meanwhile in Mexico, there have been 66 stories today. The Mexican public is immensely upset over F&F and the general state of US intervention in their internal affairs.
Once again Richard Serrano from the LA Times comes through with good investigative reporting: Operation White Gun
Also intriguing: A quick Internet survey late Friday shows about 10 English language stories about this new gun scandal. Meanwhile in Mexico, there have been 66 stories today. The Mexican public is immensely upset over F&F and the general state of US intervention in their internal affairs.
The Imperial President: Congress? Why Should I Care About Them?
This is a catch up post to go back to one previous Imperial President action. Last year, in response to Fast & Furious, President Obama insisted that ATF initiate one of their "Demand Letter" actions in which ATF sends instructions to FFL dealers. The letter in question demanded that dealers report all multiple sales of semi-auto rifles bigger than .22 caliber in a five day period. Supposedly this would stop straw sales to drug cartels buyers.
The problem with this is that Congress, in the 1968 GCA did not include long guns in the registration/reporting requirements for NICS checks. And again last year, Congress formally opposed the action. But ATF and Obama claimed executive privilege and issued the Demand Letter anyway. So now dealers in California, Arizona, New Mexico and Texas must report multiple sales of long guns. This blatant disregard of Congress is becoming a hallmark of the Obama Administration. The scary part is if Obama gets a second term, this method of governing is liable to become the norm.
The problem with this is that Congress, in the 1968 GCA did not include long guns in the registration/reporting requirements for NICS checks. And again last year, Congress formally opposed the action. But ATF and Obama claimed executive privilege and issued the Demand Letter anyway. So now dealers in California, Arizona, New Mexico and Texas must report multiple sales of long guns. This blatant disregard of Congress is becoming a hallmark of the Obama Administration. The scary part is if Obama gets a second term, this method of governing is liable to become the norm.
Saturday, January 7, 2012
Mother of the Year?
What do you when you are an 18-year-old woman with a small baby, a two-week dead husband, and two meth-heads beating on your trailer door trying to do you mayhem? You shoot the bastards!
That's what Sarah McKinley did in her remote home in Oklahoma. After 21 minutes of the men trying to enter, during which she calmly asked a police dispatcher for help and advice, the men finally broke down her door. Sarah used her dead husband's shotgun correctly and one attacker died. The other has been charged with murder in commission of a crime. The two geniuses were high and targeting Sarah's husband's drugs because they knew he had just died of lung cancer on Christmas day.
More here: Mother-gun-rich-lowry
That's what Sarah McKinley did in her remote home in Oklahoma. After 21 minutes of the men trying to enter, during which she calmly asked a police dispatcher for help and advice, the men finally broke down her door. Sarah used her dead husband's shotgun correctly and one attacker died. The other has been charged with murder in commission of a crime. The two geniuses were high and targeting Sarah's husband's drugs because they knew he had just died of lung cancer on Christmas day.
More here: Mother-gun-rich-lowry
The Imperial President: Give Me a Few Seconds...And I Can Do Whatever I Want
President Obama is feeling his wild oats pretty seriously these days. Besides the NDAA he signed giving sweeping powers to arrest terrorism suspects, more so that the Patriot Act, there is now the Recess Appointment Scandal.
Obama has appointed Richard Cordray to head the new Consumer Financial Protection Bureau, an agency created in such a way that it has essentially no oversight by Congress. He did this appointment as an "intra-session" appointment by declaring that in his judgement the Senate is not actually in session and therefore he can make appointments, and bypass Congress' advise and consent role. Cordray was recently rejected by the Senate for this position, not because he is not qualified, but because congressional Republicans said Mr. Obama was accruing too much power to himself through those two agencies. Never-the-less, there are very serious questions raised on the constitutionality here - read the articles carefully to get the full scenario.
Washington Times article: Obama-unprecedented-recess-appointment
Heritage Foundation has weighed in on the unconstitutionality of the appointment: Morning-bell-beneath-growth-a-sea-of-poison
Washington Post article by Ed Meese, former Attorney General under Ronald Reagan: Obamas-recess-appointments-are-unconstitutional
And, to add to the wounds, Obama used the same mechanism to appoint three new members to the NLRB, that wonderful union oriented board that recently told Boeing they could not open a new factory in South Carolina. Two of the three are Democrats, one a Republican, but all have NRLB experience or union ties, so could be said to be partisan to the union cause.
The scary part of all of this is that the Office of the President does not have this sort of power, and should not. If allowed to stand, one can presume that a president could just declare that a bill he wants passed is "deemed" passed if Congress is being slow to pass it. Or, he could do pretty much whatever else he wants...
As Meese says, "If Congress does not resist, the injury is not just to its branch but ultimately to the people. James Madison made clear that the separation of powers was not to protect government officials’ power for their sake but as a vital check on behalf of individual liberty. To prevent future tyrannical usurpations of power, Congress must act to redress this serious threat to our liberty."
Jan 13 Update: The DOJ's Office of Legal Counsel today released their justification document on why President Obama can make "recess" appointments. It is an embarrassing document, written to match a previous conclusion: Pro-forma-sessions-opinion
Obama has appointed Richard Cordray to head the new Consumer Financial Protection Bureau, an agency created in such a way that it has essentially no oversight by Congress. He did this appointment as an "intra-session" appointment by declaring that in his judgement the Senate is not actually in session and therefore he can make appointments, and bypass Congress' advise and consent role. Cordray was recently rejected by the Senate for this position, not because he is not qualified, but because congressional Republicans said Mr. Obama was accruing too much power to himself through those two agencies. Never-the-less, there are very serious questions raised on the constitutionality here - read the articles carefully to get the full scenario.
Washington Times article: Obama-unprecedented-recess-appointment
Heritage Foundation has weighed in on the unconstitutionality of the appointment: Morning-bell-beneath-growth-a-sea-of-poison
Washington Post article by Ed Meese, former Attorney General under Ronald Reagan: Obamas-recess-appointments-are-unconstitutional
And, to add to the wounds, Obama used the same mechanism to appoint three new members to the NLRB, that wonderful union oriented board that recently told Boeing they could not open a new factory in South Carolina. Two of the three are Democrats, one a Republican, but all have NRLB experience or union ties, so could be said to be partisan to the union cause.
The scary part of all of this is that the Office of the President does not have this sort of power, and should not. If allowed to stand, one can presume that a president could just declare that a bill he wants passed is "deemed" passed if Congress is being slow to pass it. Or, he could do pretty much whatever else he wants...
As Meese says, "If Congress does not resist, the injury is not just to its branch but ultimately to the people. James Madison made clear that the separation of powers was not to protect government officials’ power for their sake but as a vital check on behalf of individual liberty. To prevent future tyrannical usurpations of power, Congress must act to redress this serious threat to our liberty."
Jan 13 Update: The DOJ's Office of Legal Counsel today released their justification document on why President Obama can make "recess" appointments. It is an embarrassing document, written to match a previous conclusion: Pro-forma-sessions-opinion
Monday, January 2, 2012
The Imperial Congress: Not Immune to Ignoring Constitution
The National Defense Authorization Act (NDAA) just signed by President Obama (on Dec 31 - Happy New Year!) authorizes detention of American citizens for virtually any reason related to terrorism. Obama used his signing statement to say he would not use the authority granted by Congress - uh, sure, see post below. Is that shredding sound the Bill of Rights being torn up? Gee, thanks Congress, you learned well from the Patriot Act.
Even the ACLU is livid about this one: National-security/president-obama-signs-indefinite-detention-law
"The statute is particularly dangerous because it has no temporal or geographic limitations, and can be used by this and future presidents to militarily detain people captured far from any battlefield. "
"We are extremely disappointed that President Obama signed this bill even though his administration is already claiming overly-broad detention authority in court. "
See also: NDAA_Bill_of_Rights_Obama
Even the ACLU is livid about this one: National-security/president-obama-signs-indefinite-detention-law
"The statute is particularly dangerous because it has no temporal or geographic limitations, and can be used by this and future presidents to militarily detain people captured far from any battlefield. "
"We are extremely disappointed that President Obama signed this bill even though his administration is already claiming overly-broad detention authority in court. "
See also: NDAA_Bill_of_Rights_Obama
The Imperial President: Once More Flips the Finger to Congress
In the latest Omnibus Spending bill that will fund the Feds for 2012, Congress once again included a provision to prevent gun control efforts by government agencies. However, President Obama, in a signing statement (those little gotchas also favored by President Bush), has said he will not follow the will of Congress. He said he will not be prevented from using funds for gun control if deeemed "necessary and expedient."
The Provision has been expanded and strengthened by Congress since 1996 to prevent the Centers for Disease Control from treating guns as a disease or supporting gun-safety research (which usually means magic bullets or trigger locks). Now it has been expanded to include the National Institutes for Health.
Obama has flipped the Imperial finger once again: See here from The Hill: Obama-says-hes-not-bound-by-gun-control-ban-in-spending-bill. Wrapping himself in the mantle of the COnstitution, which he has studiously been ignoring for three years, the signing statement says: (That provision) "could prevent me from fulfilling my constitutional responsibilities, by denying me the assistance of senior advisers and by obstructing my supervision of executive branch officials in the execution of their statutory responsibilities," Obama said. "I have informed the Congress that I will interpret these provisions consistent with my constitutional duty to take care that the laws be faithfully executed.""
By the way, in 2008 Obama promised not to be like George Bush and not to use signing statements. ""That's not part of his power, but this is part of the whole theory of George Bush that he can make laws as he goes along. I disagree with that. I taught the Constitution for 10 years. I believe in the Constitution and I will obey the Constitution of the United States. We're not going to use signing statements as a way of doing an end-run around Congress," then-Senator Obama said as a presidential candidate in 2008." From here: Obama_to_ignore_20_policy_riders_in_omnibus_funding_bill
The Provision has been expanded and strengthened by Congress since 1996 to prevent the Centers for Disease Control from treating guns as a disease or supporting gun-safety research (which usually means magic bullets or trigger locks). Now it has been expanded to include the National Institutes for Health.
Obama has flipped the Imperial finger once again: See here from The Hill: Obama-says-hes-not-bound-by-gun-control-ban-in-spending-bill. Wrapping himself in the mantle of the COnstitution, which he has studiously been ignoring for three years, the signing statement says: (That provision) "could prevent me from fulfilling my constitutional responsibilities, by denying me the assistance of senior advisers and by obstructing my supervision of executive branch officials in the execution of their statutory responsibilities," Obama said. "I have informed the Congress that I will interpret these provisions consistent with my constitutional duty to take care that the laws be faithfully executed.""
By the way, in 2008 Obama promised not to be like George Bush and not to use signing statements. ""That's not part of his power, but this is part of the whole theory of George Bush that he can make laws as he goes along. I disagree with that. I taught the Constitution for 10 years. I believe in the Constitution and I will obey the Constitution of the United States. We're not going to use signing statements as a way of doing an end-run around Congress," then-Senator Obama said as a presidential candidate in 2008." From here: Obama_to_ignore_20_policy_riders_in_omnibus_funding_bill
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