Wednesday, July 3, 2013

Current Events - July 3, 2013


Obamacare employer mandate delayed until 2015 to give Democrats breathing room until after 2014 midterm elections, says Treasury source

A Treasury Department official who declined to be named confirmed to MailOnline on Tuesday that the Obama administration will not begin enforcing employer mandates in the Obamacare law until 2015 - one year later than originally planned - and pinned that change of direction on a combination of politics and economic realities in the marketplace.

Mark Mazur, the Assistant Treasury Secretary for Tax Policy, announced on the agency's blog that the administration 'will provide an additional year before the ... mandatory employer and insurer reporting requirements begin.'

The blog post explained that the delay was intended to leave time to simplify reporting requirements and give companies time to adapt. 

But the Treasury source said the extra year will give the White House an extra year to persuade health insurers to participate in the exchanges that make up the backbone of the Affordable Care Act.

The revised timetable, the source added, will also push back the final implementation of Obamacare's penalties past the 2014 midterm elections, providing Republicans fewer chances to highlight the law's potentially harmful effects on businesses' bottom lines.
 
The Obama administration's new schedule means business won't be penalized immediately for failing to enroll all their workers in health plans and report the results to the federal government, Bloomberg News was first to report. 

The Affordable Care Act includes financial penalties on companies that fail to comply if they employe 50 or more people. The Treasury Department is involved because the Internal Revenue Service, a Treasury sub-agency, will be tasked with enforcing the law and assessing those penalties.

'Obamacare is a flawed law,' Republican National Committee Deputy Press Secretary Raffi Williams told MailOnline. 'It has been from day one and continues to be one now.'

'This latest announcement is just another sign that the president and his administration are afraid of the havoc that this imperfect law will wreak on everyday Americans.'

House Oversight and Government Reform Committee chair Darrell Issa, a California Republican, piled on Tuesday evening, drawing attention to the GOP's efforts to repeal the Obamacare law in its entirety.

'The House has repeatedly voted to repeal Obamacare because it will not work and is bad public policy,' Issa said in a statement. 'The President has delayed a critical component of the Affordable Care Act because it is absolutely unaffordable for American job creators and workers. It is unclear that he has the authority to do this without Congress.'

'This is another in a string of extra legal actions taken by his Administration to mask the horrible impact his law will have on the economy and health care in the United States.'

Politico noted that Tuesday's pivot from the White House will not affect the so-called 'individual mandate,' which will require most Americans to be insured. It also won't delay the scheduled October rollout of health care marketplaces, called exchanges, set up to help taxpayers and companies find coverage that satisfies the Obamacare law.

The administration has been on a full-court press in California, Texas and Florida, enlisting the help of Hispanic advocacy groups and Spanish-language media networks to encourage enrollment in advance of the autumn start date.

The Treasury Department said it expects to publish regulatory rules in one week that will formalize the new 2015 enforcement deadline for companies.

White House Violates Law with Obamacare Delay

Obama administration officials are illegally delaying enforcement of a central provision in the president’s namesake legislation in a desperate attempt to manipulate the 2014 midterm elections and swell the ranks of those who look to government for healthcare. 

The White House is beginning to sense that when Americans realize the price of “free” healthcare, they’re likely to take swift vengeance on those responsible. 

Section 1513 of the Affordable Care Act (ACA, better known as Obamacare) requires all large employers to provide health insurance for their employees. “Large employers” are those with at least 50 full-time employees, and “full-time” is defined as averaging 30 or more hours per week. 

Section 1513’s “Employer Mandate” is one of five parts of the ACA that are absolutely essential for this government-run system to work, with the most well-known of those five being the infamous “Individual Mandate” upheld by the Supreme Court as a tax by a controversial 5-4 decision in 2012. 

And the Employer Mandate is mandatory. The law Congress wrote explicitly commands that this provision takes effect in January 2014. The ACA does not permit the government to grant a reprieve or an extension.   

Yet in a blatantly illegal move, the Obama administration is presuming to rewrite the ACA by choosing not to enforce provisions that are causing visible problems. The IRS—which is tasked with enforcing the Employer Mandate—will simply not enforce it until 2015. Every large employer in the country is under the mandate. If they don’t comply, then they are breaking federal law. 

But the IRS not enforcing Section 1513 is like a policeman who patrols a stretch of road who says for the next year, he won’t issue any speeding tickets. He has no authority to suspend the law, but if he chooses to violate his duty by failing to enforce the law, then to all the motorists on the road it’s as if the law does not exist. 

However, the White House is doing nothing to stop Section 1501’s Individual Mandate. Almost every American is still being commanded to buy insurance or face a penalty (now called a “tax” by the Supreme Court). If you work at a large company, you might be on your own and need to buy insurance somewhere else.  

This will force millions of Americans instead to purchase insurance on government-run healthcare exchanges. Not able to get insurance at work, and not able to buy full-price policies on the individual market because of the enormous increase in prices resulting from the ACA’s laundry list of new entitlements and mandates, these individuals will buy it on a state-based exchange where the prices are heavily subsidized by taxpayers. 

It’s worth noting that the ACA only subsidizes insurance policies on an exchange run by a state. Yet 34 states have refused to join this government-run debacle, so in those states the U.S. Department of Health and Human Services (HHS) will set them up. 

This is why the IRS issued a regulation last year saying that these tax credits for state-run exchanges also extend to HHS-run exchanges. Several lawsuits are now underway challenging the IRS Rule, and they should quickly lead to federal courts striking down the regulation. 

In the meantime, though, this will drive millions of Americans onto government-run healthcare, conditioning them to think of it as an entitlement. By promising them all the benefits now but delaying the massive costs until after the 2014 midterm election, Obama and his team hope to buy themselves a couple years to make this system work. 

Bad policy makes for bad politics, however; sooner or later everyone has to pay the piper. Maybe Obama will delay the most onerous parts of Obamacare until after the 2014 elections in an attempt to keep the Senate and retake the House, but it might take a miracle to keep this shell game going until after the 2016 election, when voters decide on a new president and what direction we take as a nation. 

Whether Obamacare remains the law of the land will be at the center of that national discussion for 2016. Suspending the Employer Mandate just added to that debate. 

http://www.breitbart.com/Big-Government/2013/07/02/White-House-Illegally-Delays-Employer-Mandate-to-Avoid-2014-Election-Disaster-and-Grow-Government-Run-Exchanges
So Which Part of Obamacare Works, Then?
Obamacare is so helpful, so ready for action, so vital to the nation’s health, that… the Obama Administration is delaying another major part of it.

News broke yesterday that the Administration is delaying the employer mandate, which would force businesses with 50 or more full-time workers to provide government-approved insurance, until 2015.

When Obamacare was engineered, the Administration and its allies in Congress made sure that the major parts affecting all Americans would be delayed until after the 2012 presidential election. Now, however, the Obama Administration is delaying one of the most well-known elements of Obamacare until after the 2014 midterm congressional election.

Douglas Holtz-Eakin, the former director of the Congressional Budget Office, described the announcement as “deviously brilliant,” even as Obama’s senior adviser Valerie Jarrett assured people that this merely means the Administration is “listening” to our concerns.

But Obamacare bombshells are dropping daily. Health insurance companies are exiting the market. Premiums could double.

And even the Obama Administration has had to admit things aren’t going too well. Heritage expert Robert Moffit listed just a few of the recent stops in this train wreck’s path:

Last year, Health and Human Services (HHS) Secretary Katherine Sebelius announced her department could not implement the long-term care component of Obamacare. Financially, she said, it was simply not workable. And [in April] Sebelius announced that she was postponing a program designed to allow small businesses to offer more than one plan for their workers. Meanwhile, more than half the states have declined to set up a “health insurance exchange” under the burdensome terms and conditions of the law, leaving it to Washington to do it for them.
Yesterday’s news makes the countdown to the health insurance exchanges—which are supposed to open October 1 of this year—all the more interesting. Will more employers drop coverage, telling workers they’ll be able to get coverage through the exchanges? Will the exchanges work?

Don’t forget that the individual mandate still kicks in on January 1, 2014. All Americans will have to buy government-approved health insurance or pay a fine. And the employer mandate won’t be there to force employers to provide it.

Though the Administration is running amok, Congress can do something to rein it in. As Heritage expert Chris Jacobs wrote yesterday:
It is hard to understate the impact of today’s devastating admission from the Administration that, after three years, it still cannot implement Obamacare without strangling businesses in red tape and destroying American jobs. That said, it is still not too late for Congress to do the right thing, and refuse to fund what the Administration has now—finally—admitted is a job-killing train wreck.
http://blog.heritage.org/2013/07/03/morning-bell-so-which-part-of-obamacare-works-then/?roi=echo3-16157131215-13500762-6eb4c96d9862a178edab67acfc1cb767&utm_source=Newsletter&utm_medium=Email&utm_campaign=Morning%2BBell

Ten questions about the Obamacare employer mandate delay

The White House would rather we not talk or think about this subject since it announced this on a holiday week, but we shall defy them!

1. Do we think President Obama knew about the delay in the employer mandate or did he have to wait to find out about it when Air Force One landed back in America and he could get a newspaper in front of him?

2. Isn’t Obama just leaving the little guy out to dry by waiving a mandate for employers, who have an organized lobby, but leaving it in place for individuals?

3. Since we’re “already seeing benefits of Obamacare,” and the rest is so dangerous to the economy we’re delaying it, why do we need the rest?

4. Isn’t it the White House that’s interfering with implementation, now?

5. By Obama’s definition, did the White House just do an end-around Congress to limit women’s access to birth control? Without employer mandate penalties being enforced, will the administration also be declining to enforce penalties on employers who don’t provide free birth control? Or, is that lobby not powerful enough to get a waiver?

6. Doesn’t this just give us another year or two of uncertainty and slow hiring?

7. Is there any plausible way this is not a pretty devastating admission of Obamcare’s failures?

8. Would anyone sue to stop the administration from delaying this part of the law? HCAN? Some other liberal activist group? Maybe OFA could finally make itself useful in making the president’s priorities a reality.

9. What are the implications of the delay on the private health insurance market? Avik Roy offers some answers on this.

10. Are we all repealers now?

Exit question: Does this mean #WeCanWait after all?

http://hotair.com/archives/2013/07/02/ten-questions-about-the-obamacare-employer-mandate-delay/

Obama's Fundamental Transformation of a Nation He Despises

Is it just incompetence, or is there something else going on here?

Obama's only real competence, it seems, lies in spying on Americans and imposing new restrictions on their liberty.  This fact may be the key to understanding this president.  He has shown himself sympathetic toward every anti-American dictator on the planet, warmly embracing Hugo Chávez, lifting travel restrictions to Castro's Cuba, and (when he thought no one could hear him) promising a cozy second term with President Putin.

Obama's love affair with Marxist tyrants has not earned him any favors -- not even the return of one globe-trotting traitor.  The best he can do is issue a weak protest and direct his new secretary of state to remark that Hong Kong's and Russia's actions in regard to Snowden are really "disappointing."  That kind of swagger should make the Chinese and Russian leadership wet their britches.

For his part, Obama has done nothing, perhaps because he is still in thrall of anyone who calls himself a Marxist.  The only people he really distrusts are Americans, especially those patriotic Tea Party members who care about their country's future.

Does President Obama really hate the American people that much?

I think he does.  He hates America as it is and as it has been, and, as he openly admits, he wants nothing less than to "fundamentally transform America."  One does not completely transform a nation into the opposite of what it is unless one hates that nation as it is.  That fact explains why Obama has done so little to protect America while doing so much to spy on, disparage, and attack ordinary Americans. 

Obama seized on the financial crisis of 2008 as the pretext for passing a sweeping stimulus bill, the Dodd-Frank financial services regulation, and the seriously mislabeled "Patient Protection and Affordable Care Act."  Now, with the help of "extreme weather" coverage on every mainstream news service, he has been ginning up another crisis as the pretext for sweeping regulation of the entire economy.  And just last week, in a speech at Georgetown University, he has announced what that regulation will cover.

It will cover just about everything.  Every activity that uses energy, or that used energy in its manufacture or requires energy for its maintenance, will be regulated -- not by Congress but by the president directly.

That is the strategy behind Obama's new pronouncements on the "social cost" of carbon emissions.  As Obama put it in his Georgetown speech, "the costs of these [climate] events can be measured."  Nothing could justify the actual cost of Obama's new emissions push, which will raise the cost of electricity along with everything else from cars to refrigerators to new homes.  But if the "social cost" of carbon emissions is factored in, suddenly the new guidelines are made to seem affordable.

But what is the "social cost" of carbon? It is the cost of future climate events that "might result" from increased carbon emissions.  In fact, no one knows whether there actually will be more extreme weather events -- or even what constitutes such an event.  Is a cold winter such an event?  An abnormally wet spring?  An average year, with its share of tornados and wildfires?  The truth is that the president is engaging in pure speculation as the basis for policies that will cost hundreds of billions in spending and millions of new jobs.

As Obama himself pointed out at Georgetown, America's carbon emissions are "at the lowest levels in nearly 20 years."  Yet, according to the president, it is in precisely in this period ("the last 15 years") that scientists have recorded rising temperatures.  The president's science seems a bit confused.

It is all too much like Stalin's fascination with the pseudo-science of Trofim Lysenko.  Stalin's faith in Lysenkoism set Soviet agriculture back decades.  Yet Lysenko's theories of the heritability of acquired traits became the basis of Soviet agricultural policy -- just as the unproven science of global warming has become the basis of American energy policy under Obama.

Lysenkoism ended in disaster for the Soviet Union, and the science of global warming is leading the U.S. and western Europe toward a similar economic disaster.  This year, California's Central Valley, which supplies much of America's fresh fruits and vegetables, will receive only 20% of its normal water allocation for fear of harming the Delta smelt.  A president with real leadership qualities would suspend the efforts to save the smelt and save the humans instead.  But this president is terrified of offending the environmental lobby.  In fact, he wants to go farther.  Why should farmers have any water at all if the smelt's future is at stake?

It's not difficult to see where the pseudo-science of global warming is taking us.  Obama has already declared that, in effect, there shall be no new coal-fired power plants and that at least one third of existing coal-fired plants are to be shuttered in the near future, and all of them eventually in the carbon-free future he dreams of.  He is preparing regulations that will make it impossible to produce efficient and economical full-size trucks in the numbers now needed to run our economy.  His next step will likely be an assault on our nation's ability to produce shale gas through the safe technology of hydraulic fracturing.
And that's just the beginning of the total makeover that Obama has in mind for America.  Did I mention persecution of journalists?  Forced unionization of workplaces?  Abortion on demand, funded by every employer?  Racial discrimination in perpetuity against non-minorities?  And environmental regulations as far as the eye can see, affecting every aspect of life?

From the flow per second of your morning shower to the temperature at which you set your thermometer at night, from the car you drive to what you eat, from where and how your children are educated to how you fund your retirement, Obama wants government to control every moment of your existence.  Long ago, in a glorious revolution, Americans rejected this sort of tyranny when it was imposed on them by the British Crown.  Our only chance now is at the ballot box in 2014 and 2016. 

State Department bureau spent $630,000 on Facebook 'likes'

State Department officials spent $630,000 to get more Facebook "likes," prompting employees to complain to a government watchdog that the bureau was "buying fans" in social media, the agency's inspector general says.

The department's Bureau of International Information Programs spent the money to increase its "likes" count between 2011 and March 2013.

"Many in the bureau criticize the advertising campaigns as 'buying fans' who may have once clicked on an ad or 'liked' a photo but have no real interest in the topic and have never engaged further," the inspector general reported.

The spending increased the bureau's English-language Facebook page likes from 100,000 to more than 2 million and to 450,000 on Facebook's foreign-language pages.

Despite the surge in likes, the IG said the effort failed to reach the bureau's target audience, which is largely older and more influential than the people liking its pages. Only about 2 percent of fans actually engage with the pages by liking, sharing or commenting.

In September 2012 Facebook also changed its approach to users' news feeds, and the expensive "fan" campaigns became much less valuable. The bureau now must constantly pay for sponsored ads to keep its content visible even to people who have already liked its pages.

Another problem with the bureau's social media outreach is a lack of strategy for reaching the right audience, the report said.

"The absence of a Department wide PD [public diplomacy] strategy tying resources to priorities directly affects IIP's work. Fundamental questions remain unresolved. What is the proper balance between engaging young people and marginalized groups versus elites and opinion leaders?" the IG said.
Not only does the bureau lack its own social media strategy, but various State Department bureaus have more than 150 social media accounts that are uncoordinated and often overlap, according to the IG.

http://washingtonexaminer.com/article/2532629

State Department's Sex Trafficking Scandals

Pssst, did you hear? President Obama is replacing Ambassador Howard Gutman in Belgium. You remember Ambassador Gutman, don't you? He's the big Democrat donor President Obama nominated to represent his policies in Belgium and who, it is alleged, trolled for prostitutes -- some of them children! -- in a park near his official residence.

Late in the day on Friday, June 21, the White House released a list of new nominees for various posts, and Denise Bauer was listed for the United States Ambassador to Belgium post. For the cynics, this is similar to a Friday night document dump -- a strategy the Obama Administration employs to release controversial information or items unflattering to them after the nightly news cycle is over and most people tune out for the weekend.

Denise Bauer was the Finance Chair of Women for Obama during the last election and served on the Obama for America National Finance Committee for the 2008 and 2012 elections. She was also a donor and a bundler. According to the New York Times, Bauer has raised $4,367,187 for Obama since 2007.

In a speech on May 5, 2013, Ambassador Gutman announced that he was leaving the post. CBS News reported about a month later that a memo obtained from the Department of State (DOS) Inspector General's (IG) office noted that the DOS has known about the prostitution rumors since 2011, but higher-ups in the DOS stopped the investigation of Ambassador Gutman. He was allowed to remain America's representative to Belgium for two more years, and, if the speech is any indication, he is leaving with his head held high, even amidst rumors that his pants had been around his ankles during much of his tenure.

The biographical information about Gutman on the website says he was a "Special Assistant to F.B.I. Director William H. Webster, focusing on counter-terrorism and counter-intelligence." What do you think counter-intelligence officers from other countries would do with information that a U.S. Ambassador bought prostitutes of all ages in a park in Belgium? Can you say "blackmail"? His background seems to imply he should have known how risky and stupid actions like that could be, and yet, if the rumors prove true, he jettisoned his judgment in favor of his sexual proclivities.

Guess what else was released last week? The 2013 Trafficking in Persons (TIP) Report was made public on June 19. The TIP Report is the product of the U.S. State Department's Office to Monitor and Combat Trafficking in Persons (TIP Office), as mandated by the Trafficking Victims Protection Act of 2000. The 2013 Report ranks the United States in the highest tier, Tier 1, and states, "The U.S. government fully complies with the minimum standards for the elimination of trafficking."

What does that mean? In part, it means the United States ranking takes into consideration U.S. policy enacted to eradicate modern-day slavery. There are two indicia listed which are used to judge a country's "serious and sustained efforts to eliminate severe forms of trafficking in persons" that are interesting in light of recent scandals:

  • Whether the government of the country vigorously investigates, prosecutes, convicts, and sentences public officials who participate in or facilitate severe forms of trafficking in persons, including nationals of the country who are deployed abroad as part of a peacekeeping or other similar mission who engage in or facilitate severe forms of trafficking in persons or exploit victims of such trafficking, and takes all appropriate measures against officials who condone such trafficking.
  • Whether the government of the country has made serious and sustained efforts to reduce the demand for

(A) commercial sex acts; and

(B) participation in international sex tourism by nationals of the country.

Can you name two U.S. public officials recently alleged to have purchased sex from children found in prostitution in other countries? (That is called "sex trafficking" and "sex tourism," by the way.) Yes, Ambassador Gutman is one, and Sen. Robert Menendez (D-New Jersey) is the other. Sen. Menendez is alleged to have flown to the Dominican Republic and had sex with teenagers engaged in prostitution.

So, following the first bullet point, has the Obama Administration vigorously investigated either case? It is alleged in the DOS IG's memo that during former Secretary of State Hillary Clinton's tenure, the situation with Ambassador Gutman was ordered dropped. Would that indicate "officials who condone such trafficking"? Has Senate Majority Leader Harry Reid (D-Nevada) urged the Obama Administration to look into allegations that the Chairman of the Senate Foreign Relations Committee may have engaged in sex trafficking and international sex tourism in the Dominican Republic?

How about the prostitution scandals involving Secret Service agents engaging prostitutes in Colombia when they were there to do advance work for President Obama's visit, and the security detail assigned to then-Secretary of State Hillary Clinton hiring prostitutes during trips with her to Russia and Colombia? In both cases, the problem of agents engaging prostitutes was portrayed as a common occurrence in federal agencies. Those agents were involved in commercial sex, which exacerbates sex trafficking and international sex tourism. Without the demand for commercial sex, there would be no sex trafficking.

In 2009, then-Secretary Clinton wrote an op-ed in the Washington Post to announce the release of the 2009 TIP Report. She wrote, "To some, human trafficking may seem like a problem limited to other parts of the world. In fact, it occurs in every country, including the United States, and we have a responsibility to fight it just as others do."

Yes, she had a responsibility to fight it when her security detail and an ambassador under her authority engaged in commercial sex and allegedly the sex trafficking of a minor.

She also wrote, "Human trafficking flourishes in the shadows and demands attention, commitment and passion from all of us." By covering up these scandals and allowing the perpetrators to remain in their jobs, she cast a huge shadow over the plight of sex slaves found in the commercial sex industry.

In 2012, President Obama gave a speech at the Clinton Global Initiative on the topic of human trafficking. He said, "First, we're going to do more to spot it and stop it.  We'll prepare a new assessment of human trafficking in the United States so we better understand the scope and scale of the problem."

Given the examples above, it seems when they spot it they cover it up.

President Obama also said, "In short, we're making clear that American tax dollars must never, ever be used to support the trafficking of human beings.  We will have zero tolerance.  We mean what we say.  We will enforce it."

Except when you don't.

Homeland Security watchdog faces fresh allegations

The embattled deputy inspector general at the Department of Homeland Security destroyed incriminating documents to prevent their public release, used federal funds to pay for two Puerto Rican vacations, and bugged his employees’ phones and email, a new letter from Cause of Action, a government-accountability group, charges.

The recent allegations against Charles Edwards add to those leveled last week by the Senate Homeland Security Committee. The Daily Caller News Foundation reported on Friday that the committee accused Edwards of whitewashing a politically sensitive report, abusing agency resources, and committing a slew of other offenses.

“Inspectors general are put in place to hold agencies accountable and conduct thorough and accurate investigations of misconduct within agencies,” Cause of Action Communications Director Mary Beth Hutchins told TheDC News Foundation.

“When the deputy inspector general is the one who is causing the corruption and who is actually in hot water himself, it’s a disservice not only to his office but to the agency and the American people as well,” Hutchins continued.

According to the group, anonymous insiders within DHS’ Freedom of Information Act unit say that Edwards routinely ordered the destruction or removal of records from his office’s database in order to avoid questions about his wrongdoing.

In one instance, whistle-blowers allege that documents sought by a reporter regarding the teleworking history of Edwards’ wife inexplicably disappeared from their internal database and email systems. Edwards is accused of breaking anti-nepotism laws by employing his wife, and putting pressure on subordinates to approve her seven-month teleworking stint in India.

The letter also states that Edwards took two separate four-day trips to Puerto Rico on the government’s dime, ostensibly for a “site check” of a sparsely staffed inspector general’s office in San Juan. Insiders report that Edwards spent little time at that office, presumably enjoying the sights and sounds of the Caribbean commonwealth instead.

In one visit, he allegedly took six other high-level employees with him, including his personal secretary.

Finally, the letter maintains that Edwards spied on and abused his employees, cultivating a toxic work environment that made it difficult for the office to investigate waste, fraud and abuse at the Department of Homeland Security.

Worried that someone was leaking information about his transgressions to a journalist, sometime in early 2012 Edwards instructed his IT department to monitor the phone and email communications of his employees.

“He would know things that he only would’ve discovered through their emails and then would go and yell at them,” an insider said.

Another source said that Edwards was verbally abusive and had no patience for dissenting employees.
“If you tell him ‘No,’ he takes that as insubordination,” the whistle-blower alleged. “So if anyone opposes him, he finds reasons to put them on administrative leave.”

The letter was sent to the White House on Monday and calls on President Barack Obama to immediately fire Edwards and nominate a permanent inspector general. The Department of Homeland Security has languished without a Senate-confirmed watchdog since February 2011.

Cause of Action recently sued the inspector general’s office for the release of records under the Freedom of Information Act, and says it will continue to pursue any facts or documents detailing Edwards’ misconduct.

“Inspectors general are supposed to be this watchdog within the government,” Hutchins said, “but unfortunately in this case, the watchdog is not guarding anything but his own reputation.”

The 'Privacy vs. Security' Canard

One of the standard claims of those who would defend "well-intentioned" police-state practices such as the NSA's universal secret monitoring of telephone and e-mail data is that the enhancement of "security" provided by these programs warrants the sacrifice of "some privacy."  That argument is being worked to a frazzle of late, as the Obama administration and others seek to justify the ever-growing litany of revelations about the levels of surveillance to which the U.S. federal government is subjecting everyone.  This framing of the issue as "privacy vs. security" is a canard which loads the dice in tyranny's favor.

It's important to recognize that you can't have 100 percent security and also then have 100 percent privacy and zero inconvenience.  We're going to have to make some choices as a society.

So says Barack Obama to the American people, defending the NSA's gathering of communications metadata.  But following this line of non-reasoning, how are Americans to make the relevant "choices"? -- pretending for a moment that they were given any "choice" in the matter of a top-secret bureaucratic invasion of their lives that they would never have learned about without an Edward Snowden.  Obama, using the typical vernacular of this issue, presents 100 percent security and 100 percent privacy as desirable but contradictory goals.  Does this mean that choosing 50 percent security entails giving up 50 percent privacy?  If you desired 100 percent security, would you have to relinquish 100 percent of your privacy?  (This appears to be the Obama administration's preferred option.)  And how does "inconvenience" figure into this scale of measurement? 

More generally, however, why are we reduced to discussing political philosophy like children arguing about school night curfews with their parents?

The word "privacy" has been at the center of the debate over the administration's disregard for the individual rights and dignity of its citizens -- not to mention the citizens of every other nation -- from day one.  And privacy is the best way to frame this debate -- from the point of view of defending authoritarianism.  Privacy is a vague, nebulous concept, difficult to define in a political context, and therefore seemingly negotiable.  By focusing on privacy, rather than liberty, the defenders of unlimited state power seek to turn this relatively cut-and-dried issue into a nuanced balancing act between legitimate but conflicting aspirations.  (Notice how frequently and religiously the NSA's apologists of the left and right turn to the Supreme Court's rulings regarding what constitutes "a reasonable expectation of privacy" -- as if, as I have previously noted, these people suddenly regard SCOTUS as beyond reproach.)

Perhaps, by way of clarifying the problem, we ought to try to follow the logic of the defenders of the NSA's universal communications surveillance (oops, I mean "data-collection") programs, and see where it leads. 

On Father's Day -- how appropriate -- the friends of paternalistic government were out in force, appearing throughout the American media to deliver a simple and monolithic message: Edward Snowden traitor, NSA patriot.  Let us examine the version of this message delivered by the coolest head among the defenders, and the one specifically sent out to allay the fears of conservatives, Vice President Dick Cheney. 

On Fox News Sunday, Chris Wallace showed Cheney a clip of Senator Rand Paul saying this:

This is what we objected to, and what our founding fathers partly fought the Revolution over, is that they did not want generalized warrants where you could go from house to house with soldiers looking for things -- or now, from computer to computer to phone to phone -- without specifying who you're targeting.

In response to this, Cheney said:

Two-thirds of the Congress today, Chris, wasn't here on 9/11, or for that period immediately after, when we got into this program.  And the reason we got into it was because we'd been attacked... nineteen guys armed with box cutters and airline tickets.  The worry is... that sooner or later there's going to be another attack, and they'll have deadlier weapons than ever before....  When you consider the possibility of somebody smuggling something like a nuclear device into the United States, it becomes very important to gather intelligence on your enemies, and stop that attack before it ever gets launched.

Cheney begins with a non sequitur that somehow becomes his main argument -- namely, that two-thirds of today's Congress wasn't in Washington on 9/11.  So what?  Weren't those newer members, such as Cheney's implied target, Rand Paul, nevertheless alive, adult, and every bit as concerned about the events of 9/11 as the men and women who were in Washington at that time?  Cheney is attempting to dismiss Paul's concerns on the grounds that Paul does not really understand the issues at stake, but his argument relies on the laziest of logical fallacies, the appeal to authority -- specifically, in this case, his own authority.  (Note that he does not answer Paul's specific concern about "generalized warrants"; in fact, his answer implies that such concerns are simply no longer valid.)  Cheney's remark reveals the precise attitude of the Washington establishment that drives constitutional conservatives crazy -- its unblinking paternalistic condescension.  If you weren't a member of the Washington establishment on 9/11, Cheney suggests, then you just don't understand the real issues, so your argument does not warrant serious rebuttal.  "You'll understand all of this when you grow up," Cheney in effect tells the fifty-year-old U.S. senator and twenty-year practicing physician.

Aside from this dismissive attitude (which, by the way, might go some way to explaining why two-thirds of the Congress has changed over the past several years), Cheney's case for the U.S. government's moral authority to marshal the data from every technological communication on the planet -- to nationalize the private data of communications companies, as Mark Levin puts it -- is just a more concrete version of Obama's weird math about privacy, security, and inconvenience.  Phrases such as "another attack," "nuclear device," and so on are not rational arguments for specific government action, but rather frightening images intended to obviate any need for rational argument.

The biggest logical problem enters here.  The defenders of this unbridled surveillance bank everything on their claim that bad things might happen if the government is not granted this unprecedented and unlimited authority.  What they are hoping you won't notice -- or perhaps fail to notice themselves -- is that bad things will necessarily happen if the government is granted such authority.

Cheney, for example, says that the possibility of another deadly terrorist attack makes it "important to gather intelligence on your enemies."  That is obviously true, but again beside the point, as we are not talking about gathering intelligence on one's enemies, but rather the monitoring of every innocent man, woman, or child who uses a telephone or a computer to contact someone.  Consider, by analogy, a man who believes that his wife may be having an affair, and who therefore hires a private investigator -- not to follow his wife around and see what she is doing, but to catalogue the comings and goings of every man in town, in case one of them should happen to be secretly meeting his wife.

Let's get right to the nub of it.  If you want to increase security by reducing the risk of Islamic terrorism in the most effective way possible, here's what you can do: mobilize the militaries of America and her Western allies, and turn every Islamic country into a radioactive parking lot tomorrow.  It will also be necessary to deny Muslims entry to all Western nations effective immediately, and to round up and expel those currently residing in the West.

"That's insane," you exclaim, "for it would hurt millions of innocent people who have neither harmed anyone nor ever planned to harm anyone!"

You are exactly right.  And that is precisely the point I am making with regard to the commandeering of all electronic communications, and the denial of "privacy" through establishing blanket authority to examine everyone's contacts, determine anyone's whereabouts, and analyze everyone's activities, without specific grounds for suspicion of criminal behavior.  The modern concept of "privacy," used as a bargaining chip in the security marketplace, is a trivialization of a more serious notion of the private which was so central to the development of modern liberty.  The real issue here is not whether we can afford to sacrifice "a little privacy," but whether we can afford to sacrifice our nature as private beings -- i.e., as men and women who fundamentally exist independent of any government. 

That is, the core of paternalistic government is the assumption that men are primarily the custody of the state, as children are of their parents.  But the philosophy of modern liberty begins from the opposite assumption -- namely, that we are primarily separate entities -- private men -- whose attachment to the state is a secondary reality and essentially voluntary in nature.  The supposition that anything done in the name of "security" is justified may be appropriate to the context of our emotional support for a man who kills a home invader "to protect his children," since the children's security really is entirely his responsibility.  This supposition is not appropriate to the voluntary relationship of rational adults that constitutes civil society and leads to the institution of limited government.

Oh, but these times are different, some may object.  After all, Islamic terrorists are attempting to destroy Western civilization, and if they are not stopped by any possible means, they might succeed. 

First of all, if the West is prepared to resort to "any possible means," then the jihadists out to destroy us have already succeeded.  How many times have we heard Western leaders insist that if we give up our core principles of freedom and individual rights, the terrorists win?  And yet one of the most prominent purveyors of that argument is now answering concerns that the U.S. federal government has exceeded its legitimate powers by saying, in effect, "You weren't in Washington on 9/11, so you just wouldn't understand why these hitherto unacceptable powers are necessary."  Okay, so the terrorists have indeed won; let's at least be honest about it.

Furthermore, let us reconsider the claim at the center of all the arguments for the government's (self-granted) authority secretly to collect data on everyone's daily activities and associations: "You can't have 100 percent security and also then have 100 percent privacy and zero inconvenience."  That is, the government must be allowed to grow in scope and authority over the individual in order to ensure collective safety.

This argument for ever-expanding power in the name of national security is similar to the argument for ever-expanding power in the name of social security.  Society is perceived to have a problem; the only plausible solution, it is maintained, is more government power and less individual liberty.  The social security version of this argument has worked out rather poorly; increased government authority to provide "security" has resulted in the bankrupting of most of a civilization, the inculcation of a shameless culture of mass dependency, and the infinite expansion of a bureaucratic regulatory state that neatly combines the philosophy of Lenin with the psychology of Kafka.

However, one might object, national security is a more legitimate function of government.  So it is, but does the legitimacy of the function give blanket legitimacy to any and all methods pursued in the name of that function?  That is, does the end justify the means?  Does the importance of security justify the gradual establishment of a "soft police state," if you will?

The error of assuming such expanded, open-ended powers in the name of security is that this entails attempting to mitigate a risk to some by means that guarantee a more fundamental danger to all -- that is, it means buying protection against potential physical harm to some men at the price of actual spiritual harm to mankind.  Such a price seems reasonable only in a degenerate age in which pleasure has supplanted virtue as a defining good, and hence the safety of the body is valued above the freedom of the soul.

And the threat of expanded state power carries a danger that is not static, but devolutionary.  For doesn't establishing a principle of sacrificing individual liberty to collective physical security promote, or even require, a societal deterioration of respect for the individual, and a general culture of technology-grounded paternalism (i.e., totalitarianism) in the "governing class"?  Does the recorded history of the trajectory of such governance suggest that its practitioners are likely to violate liberty only as far as is "necessary," to revoke assumed powers once those powers appear to have served their benign purpose, or to abstain from taking illegitimate advantage of these powers, and the public submissiveness they engender, to advance agendas and interests beyond the goals initially enumerated as justifications for those powers?

How can the defenders of such an anti-individual, dignity-defying aggrandizement of the state as is currently being foisted upon the world in the name of "security" possibly answer the old battle cries of freedom that issued from a world before collectivist authoritarianism reasserted its hold on civilization?  What happened to "Give me liberty or give me death"?  It has now been replaced, in a Faustian bargain, with "I'll give you my liberty if you promise not to let me die."

Just a few private thoughts that I don't mind sharing with the NSA.

  Protectors of the Poor?

The Left’s counterproductive anti-poverty policies.

The political left has long claimed the role of protector of “the poor.” It is one of their central moral claims to political power. But how valid is this claim?

Leaders of the Left in many countries have promoted policies that enable the poor to be more comfortable in their poverty. But that raises a fundamental question: Just who are “the poor”?
If you use a bureaucratic definition of poverty as including all individuals or families below some arbitrary income level set by the government, then it is easy to get the kinds of statistics about “the poor” that are thrown around in the media and in politics. But do those statistics have much of a relationship to reality?

“Poverty” once had some concrete meaning — not enough food to eat or not enough clothing or shelter to protect you from the elements, for example. Today it means whatever the government bureaucrats, who set up the statistical criteria, choose to make it mean. And they have every incentive to define poverty in a way that includes enough people to justify welfare-state spending.

Most Americans with incomes below the official poverty level have air conditioning and television and own a motor vehicle; and, far from being hungry, are more likely than other Americans to be overweight. But an arbitrary definition of words and numbers gives them access to the taxpayers’ money. 

This kind of “poverty” can easily become a way of life, not only for today’s “poor,” but for their children and grandchildren.

Even when they have the potential to become productive members of society, the loss of welfare-state benefits if they try to do so is an implicit “tax” on what they would earn that often exceeds the explicit tax on a millionaire.

If increasing your income by $10,000 would cause you to lose $15,000 in government benefits, would you do it?

In short, the political left’s welfare state makes poverty more comfortable, while penalizing attempts to rise out of poverty. Unless we believe that some people are predestined to be poor, the Left’s agenda is a disservice to them, as well as to society. The vast amounts of money wasted are by no means the worst of it.

If our goal is for people to get out of poverty, there are plenty of heartening examples of individuals and groups who have done that, in countries around the world.

Millions of “overseas Chinese” emigrated from China destitute and often illiterate in centuries past. Whether they settled in Southeast Asian countries or in the United States, they began at the bottom, taking hard, dirty, and sometimes dangerous jobs.

Even though the overseas Chinese were usually paid little, they saved out of that little, and many eventually opened tiny businesses. By working long hours and living frugally, they were able to turn tiny businesses into larger and more prosperous businesses. Then they saw to it that their children got the education that they themselves often lacked.

By 1994, the 57 million overseas Chinese had created as much wealth as the one billion people living in China.

Variations on this social pattern can be found in the histories of Jewish, Armenian, Lebanese, and other emigrants who settled in many countries around the world — initially poor, but rising over the generations to prosperity. Seldom did they rely on government, and they usually avoided politics on their way up.

Such groups concentrated on developing what economists call “human capital” — their skills, talents, knowledge, and self-discipline. Their success has usually been based on that one four-letter word that the Left seldom uses in polite society: “work.”

There are individuals in virtually every group who follow similar patterns to rise from poverty to prosperity. But how many such individuals there are in different groups makes a big difference for the prosperity or poverty of the groups as a whole.

The agenda of the Left — promoting envy and a sense of grievance, while making loud demands for “rights” to what other people have produced — is a pattern that has been widespread in countries around the world.

This agenda has seldom lifted the poor out of poverty. But it has lifted the Left to positions of power and self-aggrandizement, while they promote policies with socially counterproductive results.

http://www.nationalreview.com/article/352599/protectors-poor-thomas-sowell

I Shrugged

...Thinking about the NSA revelation, I also thought about other things my government does that I really hate. Within a few hours, I had a list of 100 -- it was surprisingly easy. I encourage you to start a list of your own. Here are just a few example of horrible, destructive government: 

-- Government (federal and local) now employs 22 million Americans. That's outrageous.

-- Government runs up a $17 trillion deficit and yet continues to throw our money at things like $100 million presidential trips, million-dollar bus stops and pork projects, as well as thousands of programs that don't work.

-- It funds a drug war that causes crime and imprisons millions, disproportionately minorities. That's horrible.

-- It spends your money on corporate welfare. And farm subsidies. And flood insurance that helps higher-income people like me build homes in risky spots.

-- Government keeps American Indians poor by smothering them with socialist central planning. It does this despite the fall of the Soviet Union and the obvious failure of socialism everywhere. That's evil. 

-- So are "too big to fail" bank bailouts. And other bailouts.

-- I'm furious that there are now 175,000 pages of federal law. No one understands all the laws, but they keep passing more. How dare they!

NSA spying seems less horrible than these other abuses, especially if data mining might prevent terrorism....

What we already know about government is even scarier than what they know about us.

http://townhall.com/columnists/johnstossel/2013/07/03/i-shrugged-n1632389/page/full

DOJ: Governments can punish homeschoolers

Mom, dad objected to teachings that violated faith

The U.S. Department of Justice has revealed in a court filing it agrees with the philosophy of the German government that bureaucrats can punish homeschooling parents. And the agency explained parental rights to keep their children free from instruction that violates their faith essentially are negligible when the government’s goal is an “open society.”

The arguments were made in a pleading before the 6th U.S. Circuit Court of Appeals that encourages the judges to send a German homeschooling family, the Romeikes, back to Germany where members likely would face persecution.

“The goal in Germany is for an ‘open, pluralistic society,’” wrote the government’s pleading, signed by Senior Litigation Counsel Robert N. Markle in Washington. So, he said, there is a law requiring attendance by all at government schools and punishment is levied against anyone failing to comply, whether they are truant or have religious objections to the indoctrination at the public schools.

His argument to the appellate court cited from a German court decision, which stated: “The general public has a justified interest in counteracting the development of religiously or philosophically motivated ‘parallel societies’ and in integrating minorities in this area. Integration does not only require that the majority of the population does not exclude religious or ideological minorities, but, in fact, that these minorities do not segregate themselves and that they do not close themselves off to a dialogue with dissenters and people of other beliefs. (PK'SNOTE: So they must conform in order to be an open pluralistic society. Right.) Dialogue with such minorities is an enrichment for an open pluralistic society. The learning and practicing of this in the sense of experienced tolerance is an important lesson right from the elementary school stage. The presence of a broad spectrum of convictions in a classroom can sustainably develop the ability of all pupils in being tolerant and exercising the dialogue that is a basic requirement of democratic decision-making process.”

Markle suggested said since all parents whose children don’t attend mandatory public school classes – homeschoolers and truants alike, the punishment for all is fair.

The German family had withdrawn their children from German schools over teachings on sex, violence and other issues that conflicted with their Christian faith.

The DOJ also brought in international court rulings, noting that, “The European Court of Human Rights has held that parents could not refuse the right to education of a child on the basis of the parents’ convictions, because the child has an independent right to education.”

Such rulings in Europe have been used to confirm that it is the state that makes decisions about education for children, not parents.

“According to the court, this latter right, by its nature, calls for regulation by the state, which enjoys a degree of flexibility in setting up and interpreting rules governing its education system,” the DOJ wrote.
The DOJ continued, “The court upheld the German law, noting – importantly for purposes of this petition – that compulsory attendance does not deprive parents of their right to exercise, with respect to their children, ‘natural parental functions as educators or to guide their children on a path in line with the parents’ own religious or philosophical convictions.’

“The parents are free to attend to their children’s religious training and to offer the children opposing viewpoints from those taught in school, should they feel it necessary to do so,” the DOJ wrote.

The Home School Legal Defense Association, which is fighting on behalf of the family, said, Germany’s actions amount to persecution – a platform on which the Romeikes should be granted asylum.

“Silencing the ‘intolerant’ to promote tolerance is not only illogical; it is antithetical to any theory of freedom of conscience,” the organization argued earlier.

A panel of the court had rejected the family’s asylum request, the HSLDA asked for rehearing, and the court ordered the DOJ to respond.

“Attorney General [Eric] Holder is trying to seek dismissal of this case because he believes that targeting specific groups in the name of tolerance is within the normal legitimate functions of government,” said Michael Farris, HSLDA founder. “This cannot be the ultimate position of the United States without denying the essence of our commitment to liberty.

“We’re trying to provide a home for this family who would otherwise go back to facing fines, jail time, and forcible removal of their children because of their religious convictions about how their children should be educated. Why Attorney General Holder thinks that it is appropriate for any country to do this to a family simply for homeschooling is beyond me.”

Farris had warned that the court’s position has far-reaching consequences.

“When the United States government says that homeschooling is a mutable choice, it is saying that a government can legitimately coerce you to change this choice,” Farris said. “In other words, you have no protected right to choose what type of education your children will receive. We should understand that in these arguments, something very concerning is being said about the liberties of all Americans.
“I’m glad Obama wasn’t in charge in 1620,” Farris said in an appearance on “Fox and Friends.” “The government’s arguments in this case confuse equal persecution with equal protection and demonstrate a serious disregard for individual religious liberty. I really wonder what would’ve happened to the Pilgrims under this administration.”

HSLDA said the Romeikes fled from Germany to the United States to legally homeschool. An immigration judge who heard their case ruled they had a well-founded fear of persecution if returned to German, so granted them asylum.

Their children had been undergoing indoctrination in Germany on issues of sexual permissiveness and leftist political ideology when the family decided to act.

But the Obama administration, unhappy with the outcome, appealed.

Michael Donnelly, HSLDA’s director of international affairs who works with persecuted homeschoolers worldwide, said, “Germany persecutes homeschoolers. Exorbitant fines, custody threats, and imprisonment over homeschooling should be seen for what it is – persecution. It is unconscionable for the 6th Circuit to ignore black and white edicts from the German Supreme Court explicitly condoning this behavior. Germany’s countrywide federal and state policies that essentially ban home education should not be accepted as complying with basic human rights standards.”

WND has reported on the case since its inception. Just weeks ago, HSLDA officials launched a petition on a White House website to seek help. The White House policy is to provide a response to petitions that collect more than 100,000 signatures, but nothing has been heard since the threshold was passed more than a month ago.

The German Supreme Court said because of the issue of socialization, the state, not parents, decides how children are educated.

“This is dangerous precedent. One that Americans ignore at their peril,” Donnelly said.

“This is the nightmare of German parents – even non-homeschooling parents have suffered by being fined and sent to jail seeking to exercise reasonable discretion over their children’s education such as opting them out of certain objectionable presentations of material that violates their convictions. German states don’t tolerate differences in education – they just want uniformity. But fundamental human rights and even international law requires Germany to respect the superior right of parents over education of children.”

As WND reported, police officers appeared on their Romeike’s doorstep in Germany in 2006 to forcibly take their children to a local public school.

Germany is notorious for its attacks on homeschooling families. In one case several years ago, a young teen was taken from her family and put into a psychiatric ward because she was homeschooled. Fines and even jail terms are common.

WND previously reported on a law journal article that undermines the Obama administration’s arguments.

The article, “Germany Homeschoolers as ‘Particular Society Group’: Evaluation Under Current U.S. Asylum Jurisprudence,” was written by Miki Kawashima Matrician and published in the 2011 Boston College International and Comparative Law Review.

The journal article said, “The BIA should find that all German homeschoolers comprise a ‘particular social group,’ regardless of whether the Romeike family successfully established a claim of ‘well-founded fear of persecution.’”

The problem is that a Nazi-era law in Germany in 1938, under the leadership of Adolf Hitler, eliminated exemptions that would provide an open door for homeschoolers under the nation’s compulsory education laws.

Wolfgang Drautz, consul general for the Federal Republic of Germany, previously wrote on the issue in a blog, explaining the German government “has a legitimate interest in countering the rise of parallel societies that are based on religion.”

As WND reported, the German government believes schooling is critical to socialization, as is evident in its response to parents who objected to police officers picking up their child at home and delivering him to a public school.

“The minister of education does not share your attitudes toward so-called homeschooling,” said a government letter. “… You complain about the forced school escort of primary school children by the responsible local police officers. … In order to avoid this in future, the education authority is in conversation with the affected family in order to look for possibilities to bring the religious convictions of the family into line with the unalterable school attendance requirement.”

http://www.wnd.com/2013/07/doj-governments-can-punish-homeschoolers/?cat_orig=world






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