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Sunday, February 8, 2015

GOP Now in Charge, Are Things Better?


Boehner owns stock in seven Canadian tar sand companies, thus his interest in Keystone pipeline.

It is beyond refute that there is a more than glaring level of hypocrisy in the Republican Party, and there is no better example than in the House of Representatives; particularly since the Koch brothers invested power in the tea party movement.   After the 2010 midterm elections when Republicans took control of the House they immediately launched myriad investigations into wrongdoing by the Obama Administration; including fabricating highly-profitable and phony scandals, only to find the Obama Administration is guilty of nothing untoward.



In fact, the House, under the direction of Speaker John A. Boehner, initiated a lawsuit against the President for exercising his executive authority according to the Constitution and long-settled Supreme Court rulings.


What is stunning hypocrisy is that there have been several unethical acts by House Republicans who are following the lead of their leader Speaker John A. Boehner;  the ethics-challenged cretin that no-one is willing to prosecute.   Like every common criminal, or once-convicted felon, who continues to escape punishment for violating the law,   Boehner continues his unethical, and now illegal, behavior because he truly believes he IS above the law.   It is time to disabuse Boehner of that belief and restore the American people’s faith in the nation’s justice system.



When Boehner conspired with Israeli Prime Minister Benjamin Netanyahu to address a joint session of Congress to campaign and “send a clear message to the White House”  about how Israel will set America’s foreign policy in the Middle East, he violated a 216 year old law.   A law, by the way, devised and enacted by America’s Founding Fathers that Republicans claim are their exemplars.   It is now time to finally call for Boehner to be charged, tried, and convicted for violating the law and put a stop to his career-long abrogation of long-standing ethical and legal provisions to send a clear message that no-one in America is above the law.



The Speaker of the House openly violated the so-called Logan Act that was signed into law and enacted in 1799 by President John Adams and codified in 18 U.S. Code § 953.   The Code addresses precisely what Speaker of the House John A. Boehner did in conspiring with Netanyahu to address a joint session of Congress to defeat the measures of the United States in relation to any disputes or controversies with the United States.


The Logan Act prohibits any “Private correspondence with foreign governments” and reads;  “Any citizen of the United States, wherever he may be, who, without authority of the United States, directly or indirectly commences or carries on any correspondence or intercourse with any foreign government or any officer or agent thereof, with intent to influence the measures or conduct of any foreign government or of any officer or agent thereof, in relation to any disputes or controversies with the United States, or to defeat the measures of the United States, shall be fined under this title or imprisoned not more than three years, or both.”   The Supreme Court ruled that Congress cannot and should not conduct foreign affairs;  that power rests in the Executive Branch exclusively.



In the 1936 Supreme Court case, United States v. Curtiss-Wright Export Corp, the Court held that “all ability to conduct foreign policy is vested in the President.   It is given implicitly and by the fact that the executive, by its very nature, is empowered to conduct foreign affairs in a way that Congress cannot and should not.”   Boehner just does not, and Republicans cannot, accept that yes,  “all ability to conduct foreign policy is vested in the President;”  regardless of the fact he is an African American man or that Republicans’ allegiance is to a foreign power; in this case Israel.


Boehner violated the Logan Act just by  “directly commencing or carrying on any correspondence with a foreign government, or agent thereof”  with his admitted and explicit intent of influencing measures of the United States.   Boehner did say publicly that his reason for illegally corresponding with Netanyahu was to  “specifically ask him (Netanyahu) to address Congress and send a clear message to the White House about our commitment to Israel.”   Boehner’s hubris, defiance, and obvious disregard for longstanding U.S. law was when he publicly said,   “Congress can make this decision on its own.”   No matter what Boehner says, or thinks, Congress cannot make that decision on its own according to a 216 year old law and reiterated by the 79 year old ruling by the U.S. Supreme Court. 




Boehner needs to be fully prosecuted under 18 U.S. Code § 953 to teach him that no American is above the law regardless what he thinks. 

Obviously, throughout Boehner’s political career he has considered himself above the law.


This is not Boehner’s first offense without facing any legal action or congressional ethics violation repercussions to remove him for various acts.   He was caught red-handed, and admitted to handing out corporate bribes for favorable votes on the floor of the House that garnered expulsion for another Ohio congressman guilty of corruption.    Boehner openly, and continues to, lie about the number of jobs the KeystoneXL pipeline will create since he bought stock in seven Canadian tar sand companies in 2010;  a few months before becoming Speaker of the House.   In 2013 the Federal Elections Commission (FEC) began an investigation into campaign finance violations and like Boehner’s other instances of malfeasance;  nothing is done to put a stop to his criminality.




It is difficult for regular Americans to understand how unarmed African Americans are gunned down in cold blood, and then tried and convicted in absentia (because they were murdered) by a hostile justice system when men like Willard Romney openly violated SEC and bankruptcy laws with impunity.   Or, how seditious malcontents like Cliven Bundy can defy federal court orders and summon armed militias to confront and aim their weapons at federal officials in the commission of their duty;  a federal offense and sedition, and face no charges.   Every year across the nation evangelical clergy violate the conditions of their tax-exempt designation, videotape their illegal acts, and dare the IRS to take punitive action.   Former president George W. Bush and his co-conspirator Dick Cheney proudly boast that they authorized torture of captive enemy prisoners of war, many innocent, and nothing happens.   Now, the Speaker of the House of Representatives blatantly violates an over-200 year old law, boasts about it, and the Justice Department and congressional ethics committees turn away in what;  fear?



One often hears politicians, including President Obama proclaim with authority that  “no-one in America is above the law.”    Americans certainly understand that is undoubtedly one of the biggest lies, and farces, being parroted time and time again with no chance in proverbial Hell of ever changing.   John A. Boehner is a sleazy, crooked politician, and although handing out corporate bribes for votes, lying to manipulate tar sand share prices, and taking illegal campaign donations are crimes, they pale in comparison to conspiring with a foreign nation’s leader to  “influence and defeat foreign policy measures of the Unite States.



John Boehner’s most recent crime is not up for debate, or opinion;  he deliberately and with substantial malice aforethought violated the Logan Act and Americans must demand that he be charged, tried in federal court, and convicted with his own confession that he defiantly  “carried on any correspondence or intercourse an officer of a foreign government to defeat the measures of the United States”  because Israel has a dispute with the United States of America’s Middle East foreign policy.

Under the Constitution, the president is the federal official that is primarily responsible for the relations of the United States with foreign nations. 

Through the Department of State and the Department of Defense, the president is responsible for the protection of Americans abroad and of foreign nationals in the United States. The president decides whether to recognize new nations and new governments, and negotiate treaties with other nations, which become 
binding on the United States when approved by two-thirds of the Senate. The president may also negotiate "executive agreements" with foreign powers that are not subject to Senate confirmation.




U.S. Code › Title 18 › Part I › Chapter 45 › § 953
18  - Private correspondence with foreign governments

Any citizen of the United States, wherever he may be, who, without authority of the United States, directly or indirectly commences or carries on any 
correspondence or intercourse with any foreign government or any officer or agent thereof, with intent to influence the measures or conduct of any foreign government or of any officer or agent thereof, in relation to any disputes or controversies with the United States, or to defeat the measures of the United States, shall be fined under this title or imprisoned not more than three years, or both.

This section shall not abridge the right of a citizen to apply, himself or his agent, to any foreign government or the agents thereof for redress of any injury which he may have sustained from such government or any of its agents or subjects.


So, why is Boehner's invitation to Netanyahu such a big deal?




First off, it's a huge violation of protocol and massively disrespectful to President Obama and the authority of the executive branch.

It is completely unprecedented for the Speaker of the House, or any member of Congress, to invite a foreign leader to come to the US and speak to Congress without getting authorization and/or cooperation from the White House.

It's unprecedented. It's hitting below the belt. It's taking partisanship to a whole new level.

By inviting Netanyahu to speak to Congress without the authority of the executive branch, Speaker Boehner is badly blurring the lines of national sovereignty, and again massively disrespecting typical protocol.


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But, more importantly, he may be in violation of a number of laws, which may make him a traitor.

So, let's take a look at a few legal possibilities where the Speaker's actions may be considered criminal.

First, you could make a case that by inviting Netanyahu to speak to Congress without authority from the executive branch, Speaker Boehner is committing an act of sedition.

Sedition is defined as conduct or speech inciting people to rebel against the authority of a state or monarch.




By inviting Netanyahu to speak to Congress, Boehner is using a foreign leader to lobby for his own legislation.


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A better case for Boehner's criminal conduct can be made under the Logan Act.

Established back in 1799, the Logan Act makes it illegal for unauthorized American citizens to negotiate with foreign governments.

Violation of the act is a felony, and comes with a punishment of up to three years in prison.


It's also possible that Boehner is in violation of Federal Elections Commission (FEC) law.

Section 441e of FEC law makes it illegal for,  "a person to solicit, accept, or receive a contribution or donation"  from a foreign national.


                  Amherst Democratic News
In other words, if Speaker Boehner were to accept campaign money from Netanyahu, or use the speech to help raise money for Republicans in any way, he would be guilty of violating FEC law. Somebody needs to look into this, particularly to see if the hands of any of the Republican billionaires who obsess on Israel issues are involved in this.

Section 441e also makes it illegal for "a foreign national, directly or indirectly, to make a contribution or donation of money or other thing of value, or to make an express or implied promise to make a contribution or donation, in connection with a Federal, State or local election."




How is this speech not a thing of value to the Republicans?

The bottom line here is that, by inviting Prime Minister Netanyahu to speak to Congress, Speaker Boehner may have broken any number of laws, and the Department of Justice needs to investigate.




John Boehner and House Republicans Are Suing Obama For Being President


    ACVDN

Instead of creating jobs or passing legislation, Speaker of the House John Boehner announced today that House Republicans are suing President Obama using his presidential power to issue executive orders.

Boehner told House Republicans that he will be announcing within days, or maybe next week, that the House, a.k.a. House Republicans, will be suing President Obama over his use of executive orders.

According to Roll Call:

Boehner told the House Republican Conference during a closed-door meeting Tuesday morning that he has been consulting with legal scholars and plans to unveil his next steps this week or next, according to sources in the room.


     ACVDN

Boehner spokesman Michael Steel said further action is necessary because the Senate has not taken up bills passed by the House targeting executive actions. 

The House has passed a bill expediting court consideration of House resolutions starting lawsuits targeting executive overreach and another mandating that the attorney general notify Congress when the administration decides to take executive action outside of what has been authorized by Congress.




“The president has a clear record of ignoring the American people’s elected representatives and exceeding his constitutional authority, which has dangerous implications for both our system of government and our economy,” Steel said.  “The House has passed legislation to address this, but it has gone nowhere in the Democratic-controlled Senate, so we are examining other options.”




Boehner told the Republicans that he didn’t know which executive orders that the House was going to sue Obama over. What Speaker Boehner announced today boils down to this:   House Republicans are mad because the Senate won’t pass their bills, so they are going to sue President Obama over something.   They aren’t sure what yet, but they are definitely going to sue the President Of The United States.

One might think that before they went to court, House Republicans might try to come up with a reason for suing the president.   Logic has never been a friend of these Republicans, so the odds are that Boehner made the decision to sue the president and then decided that he would work out the details later.















Executive orders have been used since George Washington was president.   Courts have long held that executive orders are legal.   After seeing their attempts to block President Obama’s legislative agenda fail, Republicans are turning to the courts in the hope that the judicial branch will obstruct this president. 

The Boehner lawsuit isn’t about checks and balances.    It isn’t about the separation of powers.  Any potential lawsuit from the House Republicans will be all about political obstruction.

House Republicans are doing anything that they can think of distract the nation from their abysmal job performance.   They are even willing to take President Obama to court if it means keeping people from asking questions about why Republicans won’t create jobs while trying to take away healthcare from millions.




The truth is that Boehner and the Republicans are suing Obama for carrying out his duties and being president.   The truth is that Republicans had no problem with Bush’s executive orders, or Reagan’s executive orders.   The issue that they have isn’t with executive orders.   It’s because Barack Obama is the President Of The United States.





House Republicans End Their Day of Disgrace By Passing Resolution To Sue Obama


              No Doubt, He Hates President Obama

House Republicans embarrassed the entire country today by voting to sue President Obama. The good news is that five House Republicans joined Democrats in voting against the resolution.

The final vote was 225-201 in favor of the resolution. Five House Republicans joined with Democrats in voting against the Boehner lawsuit.




After voting to advance the resolution telling Boehner to sue President Obama, House Republicans wasted more time during their last hours in session before a five week vacation calling the president a tyrant.

Boehner spent a minute before the vote pushing his bogus lie that the House has passed forty jobs bills. Speaker Boehner tried to wrap himself in the flag by talking about the oath of office.   After planning his lawsuit for six months, Speaker Boehner claimed that the lawsuit was unplanned. He said,  “This is about defending the Constitution, and acting decisively when it has been compromised.”   Rep. Boehner claimed that Obama was tearing apart what the Founders 
built.”




Rep. Sander Levin (D-MI) followed Boehner, and said that, “Republicans are choosing lawsuits over legislating.”   He then listed all of economic bills that the Senate passed that Boehner refuses to bring to the floor for a vote. Rep. Levin accused Republicans of conjuring up their lawsuit of President Obama, and said,   “It is the House Republicans who should be sued, if that were possible, for the abjection of their duties.”

During the debate, it was easy to see who specifically was pushing this lawsuit.   One after another, Southern House Republicans came to the House floor and claimed that President Obama is a tyrant.   Rep. Tom Rice (R-SC) warned,   “Our freedom is in peril.”

Democratic Rep. Jerrold Nadler of New York highlighted Boehner’s record of wasting taxpayer money on lawsuits.




Rep John Lewis (D-GA) called the resolution a waste of time and money.  He said,  “A Republican in this House has never supported this president.”

House Republicans put their final nail in their own coffin with this vote passing the resolution that directs Speaker Boehner to sue President Obama.  The Republican actions today are a fitting end to the latest stretch of deplorable behavior by House Republicans.

The lawsuit is not going to end well for Republicans.   Boehner’s dysfunctional caucus completely lacks in awareness and concern for the priorities of the American people.   House Republicans exist in their own little world, where they actually think that this lawsuit is a good idea.

The Behavior of House Republicans today has been cynical, disgusting, and deplorable.   They have now given voters every reason to vote them out of office at next opportunity.





John Boehner Makes A Fool Out of Himself Trying To Use ACA Subsidy Ruling To Push His Lawsuit




After the D.C. Circuit Court of Appeals issued a ruling that Obamacare subsidies were illegal for the federal marketplace, Speaker Boehner jumped the gun with a statement that pushed his lawsuit against President Obama.

Boehner said:

For the second time in a month, the courts have ruled against the president’s unilateral actions regarding ObamaCare.   The president has demonstrated he believes he has the power to make his own laws.   That’s not the way our system of government was designed to work. That’s why the House will act next week to 
authorize a lawsuit to uphold the rule of law and protect our Constitution.   This isn’t about Republicans versus Democrats;  it’s about the Constitution versus unconstitutional and unilateral actions by the Executive Branch, and protecting our democracy.

Today’s ruling is also further proof that President Obama’s health care law is completely un-workable.   It cannot be fixed.   The American people recognize that ObamaCare is hurting our economy and making it harder for small businesses to hire, and that’s why Republicans remain committed to repealing the law and 
replacing it with solutions that will lower health care costs and protect American jobs.”




The problem is that the United States Court of Appeals for the Fourth Circuit in Richmond, VA handed down a ruling that disagreed with everything that Boehner said. 

The Fourth Circuit ruled that the subsidies were legal.   By jumping the gun with his statement, Rep. Boehner looks like a fool.   Boehner’s 
office has not commented on the second ruling, which leads one to believe that he is simply going to pretend that it does not exist.

Speaker Boehner’s lawsuit has nothing to do with the issue that was ruled on today.   The court’s ruled on whether the law covers subsidies for the federal marketplace or is limited to state-run exchanges.   It is the height of dishonesty for the Speaker to suggest that these lawsuits have anything to do with his claim that President Obama is making his own laws.

One lawsuit that does directly relate to Speaker Boehner’s was not mentioned in his statement. Boehner doesn’t want to discuss the fact that Sen. Ron Johnson (R-WI) tried to sue President Obama for making his own laws on Obamacare and had his suit thrown out of court because he lacked standing.

John Boehner demonstrated that he is a terrible Speaker of the House, but he excels at making a fool out of himself.   The second ruling killed the Republican talking point that Obamacare is illegal and doomed while Speaker Boehner is on another planet still trying to sell his bogus lawsuit to a disbelieving public.

Every day the GOP proves they are unable to lead and their allegiance is to the billionaire interest that support their runs for office.   Republicans are bought and paid for tools of the 1%.    Now they control the House and Senate.    The GOP intends to destroy the middle class leaving a country composed of only rich and poor, that is the republican dream.



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