Book Review: Crime and Incompetence – Guide to America’s Immigration Crisis

An explosive and unvarnished look at America’s immigration problem. Crime & Incompetence: Guide to America’s Immigration Crisis takes the reader into a world of crime, corruption, and incompetence that politicians and faceless bureaucrats do not want you to know exists.

Investigative journalist Marinka Peschmann’s eye-opening book exposes the dark side of the broken immigration system. Bribery—cash, gifts, or sex—is but one criminal element at the United States Citizenship and Immigration Services (USCIS).

“After reading Crime & Incompetence, Americans will learn how, under the watch of both Republican and Democratic administrations, the USCIS grew into a dysfunctional bureaucracy that substantially contributed to the current illegal alien/undocumented worker crisis; yet somehow, magically, is expected to process a “bipartisan” path to citizenship (a.k.a. amnesty) for roughly 11+ million illegal immigrants,” writes Peschmann.

Peschmann asks, “How can a broken system process millions of illegal immigrants when it can’t process legal immigrants properly? It cannot. As you will see, comprehensive immigration reform is not about compassion—it is a vote-grab at the expense of Americans and lawful immigrants.”

Dare to see big government at its worst. See what legal immigrants have known all along—how devastating life can be at the mercy of unelected bureaucrats while stuck in a broken state-run agency. This could be your future in Obama’s America. Heed Peschmann’s documented warning: should any type of amnesty become law, America will be fundamentally transformed into a one-party nation.

This is a must read for anyone who cares about America’s future.

ABOUT MARINKA PESCHMANN

Marinka, the author of The Whistleblower: How the Clinton White House Stayed in Power to Reemerge in the Obama White House and on the World Stage (One Rock Ink), and Following Orders: The Death of Vince Foster, Clinton White House Lawyer (One Rock Ink), is a freelance journalist. She has collaborated, ghostwritten, and contributed to books and stories from showbiz and celebrities to true crime, politics, and the United Nations.

After freelancing behind the scenes in both the mainstream press and the new media, it was time to step forward. For more information please visit: MarinkaPeschmann.com.

Florida “Watchdog education organization” calls for special session on Common Core

Sheri Krass, founder of Eye on US Education

Sherri Krass in an email to WDW – FL states, “Eye On US Education (EUSE) a national conservative “Watchdog” education organization, based in the state of Florida, believes in limited government, adherence to our Constitution, and State Sovereignty.”

“EUSE is calling for the Florida legislature to convene a Special Session to consider legislation similar to that proposed in South Carolina. This legislation can be edited to take into account the Florida Constitution. It can be written fairly quickly as it will not be necessary to write it from scratch,” notes Krass.

H 3556 General Bill, By Huggins Summary: Balance of Powers Act

A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING CHAPTER 36 TO TITLE 1 SO AS TO ENACT THE “SOUTH CAROLINA BALANCE OF POWERS ACT”, TO CLARIFY THE COMPACT ENTERED INTO BETWEEN THE STATE OF SOUTH CAROLINA AND THE UNITED STATES, TO ASSERT THE SOVEREIGNTY OF THE STATE UNDER THE SOUTH CAROLINA CONSTITUTION, TO PROHIBIT THE INFRINGEMENT OF THE CONSTITUTIONALLY PROTECTED RIGHTS OF THE STATE OF SOUTH CAROLINA OR ITS PEOPLE BY MEANS OF ANY FEDERAL STATUTE, MANDATE, EXECUTIVE ORDER, JUDICIAL DECISION, OR OTHER ACT DEEMED BY THIS STATE TO BE UNCONSTITUTIONAL, TO CREATE THE JOINT LEGISLATIVE COMMITTEE ON THE NEUTRALIZATION OF FEDERAL LAW, AND TO PROVIDE FOR THE MEMBERSHIP AND DUTIES OF THE COMMITTEE AND FOR RELATED PURPOSES. [Emphasis added]

View full text.

EUSE is calling for a Special Session on the grounds that there is a time-limit before the implementation of both Obamacare and the Common Core Standards. The next regular State of Florida Congressional Session will not meet until March 2014.

“EUSE is sending this to all members of the Florida legislature, to EUSE County Chairs and Conservative/Tea Party/912 organizations throughout the State of Florida,” states Krass.

EUSE is also requesting a meeting with Governor Rick Scott to discuss educational issues and legislation we recommend be enacted concerning these issues.

The Government vs. YOU

The following column is from the Heritage Foundation:

Every day, more Americans get trapped by big government. In addition to groups targeted by the IRS, upstanding citizens going about their normal lives are suddenly targeted by law enforcement authorities and charged as criminals. Just a few examples:

The following are examples of Floridians caught up in this overreaching dragnet of criminalization:

These are only a few of the shocking incidents The Heritage Foundation chronicles in our new project, USA vs. YOU. Experts at Heritage’s Edwin Meese III Center for Legal and Judicial Studies reveal the stories of 22 people from all backgrounds, races, and income levels victimized by carelessly written laws.

Get the FREE e-book USA vs. YOU now

When criminal laws are created to “solve” every problem, punish every mistake, and compel the “right” behaviors, this troubling trend is known as overcriminalization. Ultimately, it leads to injustice for honest, hard-working Americans at every level of society.

Public interest groups from across the political spectrum recognize how this flood of criminal laws violates our basic liberties. Diverse organizations including the American Civil Liberties Union, the National Association of Criminal Defense Attorneys, the American Center for Law and Justice, and Right on Crime, among others, have joined with Heritage to reaffirm the true purpose of America’s justice system: to ensure public safety and protect the innocent.

When was the last time you saw the ACLU work together with a faith-based group like Justice Fellowship? With USA vs. YOU, the problem is grave enough to bring together unlikely allies. And we’re delivering this bipartisan message just as the House of Representatives has launched a task force aimed at correcting this issue.

This morning, Heritage Senior Legal Fellow John Malcolm will testify at the first hearing of the Overcriminalization Task Force—shining a spotlight on the scope and severity of this threat to our liberties. Ending the practice of trapping our citizens with unnecessary laws will be no easy task, with an estimated 4,500 criminal law offenses and 300,000 criminal regulations on the books.

Experience the stories of Americans like you treated unjustly – download the FREE e-book now

Over the next six months, Members of Congress from both parties will study this issue in depth, hold hearings, and—with the right encouragement—take steps to enact real reform.

Read the Morning Bell and more en español every day at Heritage Libertad.

RELATED COLUMNS:

When “Zero-Tolerance” Makes “Zero-Sense”

Report: Enterprise Florida “operates in a crony capitalist manner”

A new report from the Reason Foundation titled “Crony Capitalism and Community Development Subsidies” raises the questions “Do community development subsidies actually result in community development? Or have they been captured by vested interests?”

Report authors Anthony Randazzo and Victor Nava reached the conclusion that Enterprise Florida “operates in a crony capitalist manner”.  

According to the Reason Foundation:

Enterprise Florida is tasked with providing grants, loans, tax incentives and subsidies to businesses it believes will spur economic development in the state of Florida. Seventy-six percent of Enterprise Florida’s budget comes from either state or federal funds, which are then allocated to the specific businesses and projects seeking the funds, but not before 35% of its funds are used on administrative and marketing costs. On its website Enterprise Florida defines economic development as follows: “In a nutshell, economic development focuses limited resources on securing business investment and employment that are either at risk or would not otherwise occur. It works to expand targeted business sectors as the primary means of sustaining a high quality of life while also maintaining a favorable tax environment. Where possible, it targets businesses that are able to pay their employees higher wages, while still maintaining competitive costs for doing business.” It’s this curious definition of economic development that makes the agency susceptible to charges of crony capitalism.

Integrity Florida, a nonprofit watchdog group, has recently leveled charges of crony capitalism against Enterprise Florida. In a recent paper the watchdog group claims that Enterprise Florida not only failed to meet its job creation objective and obtain the required level of private sector support, but it also has the appearance of pay-to-play, apparent conflicts of interest, and displays clear favoritism toward certain companies and industries.  According to the documents obtained by Integrity Florida, Enterprise Florida provided contracts to corporations with ties to Enterprise Florida’s board of directors. Half of Enterprise Florida’s board of directors have also “invested” an average of $50,000 each into Enterprise Florida.  Another potential conflict of interest revealed in the report is the fact that the board has control over staff bonuses, of which nearly $500,000 worth were given out by the board in 2012 ($70,000 alone to the president/CEO).  While it is unclear whether or not these board member investments or staff bonuses factor into deciding which companies receive funding, all the elements for a pay-to-play scheme are certainly there.

Even if a pay-to-play scheme were not the case, Enterprise Florida (like the CRA/LA) still operates in a crony capitalist manner. Its entire operating strategy of “promoting targeted industries” is—in and of itself—crony capitalism, as it has a government-funded organization using taxpayer money to pick winners and losers by favoring certain businesses over others.

In 2012 Enterprise Florida even made deals with eight companies listed as “confidential” in the documents provided to Integrity Florida. It is disconcerting that Enterprise Florida is not only picking winners and losers with taxpayer money, but also doing so without revealing who the winners even are.” 

Read more.

NSA whistleblower Edward Snowden: ‘I don’t want to live in a society that does these sort of things’

Video courtesy of the Guardian UK newspapers. Click here to read the column on Edward Snowden: the whistleblower behind revelations of NSA surveillance:

Edward Snowden, NSA Whistleblower, is  a 29-year-old former employee of the CIA who has spent the last four years working with the NSA in conjunction with various defense contractors.

Snowden handed over a bulk of highly classified material from the secretive organization to Guardian journalist Glenn Greenwald, who describes the initial set of materials: In a note accompanying the first set of documents he provided, he wrote: “I understand that I will be made to suffer for my actions,” but “I will be satisfied if the federation of secret law, unequal pardon and irresistible executive powers that rule the world that I love are revealed even for an instant.” […] Despite these fears, he remained hopeful his outing will not divert attention from the substance of his disclosures. “I really want the focus to be on these documents and the debate which I hope this will trigger among citizens around the globe about what kind of world we want to live in.” He added: “My sole motive is to inform the public as to that which is done in their name and that which is done against them.”

After copying the last amount of information, Snowden asked for some time off, and disappeared from his domestic life in Hawaii rather mysteriously. He has since been hiding out in a hotel room in Hong Kong.

Snowden is well aware that the United States government will almost certainly arrest and prosecute him: He predicts the government will launch an investigation and “say I have broken the Espionage Act and helped our enemies, but that can be used against anyone who points out how massive and invasive the system has become”. The only time he became emotional during the many hours of interviews was when he pondered the impact his choices would have on his family, many of whom work for the US government. “The only thing I fear is the harmful effects on my family, who I won’t be able to help any more. That’s what keeps me up at night,” he said, his eyes welling up with tears.

President Obama protests the NSA surveillance of Americans in 2006:

Rep. Buchanan: Phone Dragnet “Invasion of Privacy”

WASHINGTON – U.S. Rep. Vern Buchanan, R-FL, today criticized the government’s secret seizure of phone records of millions of innocent Americans, saying the White House needs to explain and justify this sweeping invasion of privacy.  The USA TODAY newspaper called the government’s unprecedented and indiscriminate seizure an “outrageous” act that “betrays Americans.”  Over the past six years, the National Security Agency (NSA) has collected telephone records of hundreds of millions of Americans, using data provided by three phone companies – Verizon, AT&T and BellSouth.

Revelations about the NSA’s phone dragnet was followed by press reports that the government has also been extracting personal information from internet giants such as Google and Facebook.

“The American people don’t want the government snooping into their private lives,” said Buchanan. “They deserve answers as to why this amount of information was deemed vital to national security.”

Buchanan, a member of the congressional Privacy Caucus, said a proper balance must be struck between national security and civil liberties.  “Our strength as a nation flows from the values and freedoms laid out in the Constitution, including the right against unreasonable searches and seizures.”

On Wednesday, a leaked copy of a top-secret court order revealed that Verizon, one of the nation’s largest telecommunications companies, was being required by the NSA to hand over all telephone records in its systems.  The order was granted by the Foreign Intelligence Surveillance Court which was established in 1978 under the original Foreign Intelligence Surveillance Act (FISA).

Representative Jim Sensenbrenner, R-WI, the author of the 2001 Patriot Act which expanded the scope of surveillance under FISA denounced the government’s secret collection of phone calls saying “I do not believe the released FISA order is consistent with the requirement of the Patriot Act.  How could the phone records of so many innocent Americans be relevant to an authorized investigation?”

The Washington Post  reported on Thursday that the NSA has also been tapping directly into the servers of nine internet companies “extracting audio, video, photographs, e-mails, documents and connection logs that enable analysts to track a person’s movements and contacts over time.”  Several companies contacted by The Post said they did not permit direct government access to their servers.  The internet providers targeted included:  Microsoft, Yahoo, Google, Facebook, PalTalk, AOL, Skype, YouTube, and Apple.

“It is a slippery slope if we allow our basic freedoms to be eroded in the name of security,” said Buchanan.  “I urge the President to explain to all Americans why these intrusive programs are necessary in combating threats of terrorism.

 Massive secret surveillance betrays Americans: Our view

The Editorial Board, 9:51 p.m. EDT June 6, 2013

Congress hands the government nearly unlimited power to collect people’s records.

By any measure, the government’s secret seizure of hundreds of millions of Americans’ phone records over the past seven years is outrageous. But it shouldn’t be the least bit surprising.

When a panicked Congress, driven by a panicked electorate, hands the government nearly unlimited power to collect people’s records — then makes sure the intrusion will be kept secret — overreach is guaranteed.

Now Americans are finally learning how much of their privacy was sacrificed in the rush to pass the poorly named USA Patriot Act after the 9/11 terror attacks.

First came a report late Wednesday in The(London) Guardian that the National Security Agency is tracking records of virtually all Verizon customers. Records at other carriers are presumably being seized as well.

Then on ThursdayThe Washington Post reported that the NSA and FBI are tapping into nine Internet companies to see everything from videos to e-mails, using selected search terms. That program at least is aimed at foreigners and is more selective, but it sweeps in U.S. users, too. And all in secret.

The companies, which might have been expected to protect the interests of their customers, were muzzled by the law, and members of Congress were muzzled by their oaths — though two, Sens. Ron Wyden and Mark Udall, admirably raised warnings in a letter last year that the public would be stunned if it knew what was going on.

Now it is, so the Obama administration and congressional leaders scrambled Thursday to defend their actions — weakly.

Senate Majority Leader Harry Reid, D-Nev., said, “Everyone should just calm down and understand this isn’t anything that’s brand new.” So if the government abuses power long enough, it becomes OK?

Sen. Saxby Chambliss, R-Ga., the top Republican on the Senate intelligence committee, proclaimed that he was unaware of “any citizen who has registered a complaint” about the program. Who knew to complain?

The administration said phone conversations had not been tapped, just metadata gathered and searched for patterns that would expose terrorists. So tracking every call in the United States is OK?

More helpfully, House Intelligence Committeee Chairman Mike Rogers, R-Mich., said the operation had prevented a major terrorist attack, though without detail.

No one disputes the threat, or that the records would be useful in deterring it, or even that the record gathering was done with good intentions. But to gather so many records so indiscriminately in such secrecy sounds more like the actions of China and Iran than the world’s leading protector of individual rights. To believe that such a program would never be abused, by law enforcement or by politicians, would be staggeringly naive. Tools get used.

Much needs to be done.

First, the program needs to be brought out of the dark. The White House said the “president welcomes discussion of the trade-offs between security and civil liberties.” Good. He should fully describe what’s going on.

Then, Congress needs to retool the law. Is collecting so much data necessary — or just convenient? Is the secret court that approves warrants for the data more than a rubber stamp? Are the data destroyed?

The list goes on.

Anyone, right or left, who cares about individual rights has reason to be appalled. Congress should demand answers and tighten the law.

USA TODAY’s editorial opinions are decided by its Editorial Board, separate from the news staff. Most editorials are coupled with an opposing view — a unique USA TODAY feature.

IRS favored HAMAS linked CAIR while targeting Iraq War Veteran who exposed them

In a strange twist of fate, it appears that in 2009 the IRS targeted Iraq War veteran David Gaubatz who was involved in exposing the HAMAS front group Council on American Islamic Relations (CAIR). Based upon Gaubatz’s book Muslim Mafia: Inside the Secret World that’s Conspiring to Islamize AmericaRep. Sue Myrick, R-N.C., and other congressional leaders asked the IRS to investigate CAIR. Gaubatz’s book called attention to CAIR’s missing IRS filings and foreign donations.

World Net Daily reports, “At the same time the Internal Revenue Service delayed or denied requests for tax-exempt status from hundreds of conservative non-profit groups, it was quietly restoring the tax-exempt status of an Islamist front group accused of collaborating with terrorists. Last year, the politicized agency reinstated the Washington-based Council on American-Islamic Relations’ tax-exempt status despite years of delinquent tax filings. CAIR officials had met with officials inside the White House before the decision was made.”

In an email to WDW Gaubatz states, “Once my book (Muslim Mafia) came out in 2009, I got a letter from the IRS for an audit. They wanted a copy of my book, info about the Center for Security Policy, World Net Daily, etc… and then slammed me with a $146,000 tax bill. I had always completed my taxes on time and paid what I owed. I had two accountants go through my tax info, and in actuality the IRS owed me, but I am too small to fight the govt. Now they take it out of my disability pension (from war in Iraq).”

Gaubatz notes, “Anna Prillaman (IRS Tax Compliance Officer from Richmond, VA office) was reviewing my book Muslim Mafia, and wanted to know exactly which mosques I visited in 2007 and 2008…The IRS insisted I list the individual mosques.” Prillaman gave Gaubatz 15 days to respond to the tax bill.

World Net Daily notes, “Though Democrat-connected CAIR did not officially endorse Obama, many of its staffers helped turn out the Muslim vote for his re-election. CAIR boasted that its own polling showed more than 85 percent of Muslim-Americans voted for Obama. In 2011, the IRS stripped the group’s national office of its nonprofit status for failure to file annual tax reports as required by federal law.”

“During the years CAIR failed to disclose its donors to the government, it solicited funds from Libya, Sudan and other terror-sponsoring foreign governments, according to ‘Muslim Mafia‘. CAIR is not registered as a foreign agent. CAIR repeatedly failed to file its annual disclosure report, IRS Form 990. CAIR blames a clerical error for the delinquency and claims to have completed the forms. However, several news organizations, including Politico.com and Gannett Co., have asked CAIR for the 2007-2010 documents, and CAIR has not been able to produce them,” states World Net Daily.

CAIR’s is an unindicted co-conspirator in the Holy Land Foundation terror-financing case, this failure to comply with federal disclosure laws is all the more troubling,” U.S. Rep. Frank Wolf, the co-chairman of the Congressional Human Rights Caucus, wrote the IRS in a separate request for investigation in 2011.

World Net Daily found:

CAIR’s terrorist ties run deep. The Justice Department lists it among U.S. front groups for Hamas, a Palestinian terrorist organization. And several CAIR officials have been convicted or deported on terrorism-related charges.

The FBI says that until suspicious ties between the leadership of CAIR and that of Hamas are resolved, it will no longer work with CAIR as a partner in counter-terrorism efforts.

Despite these red flags, the IRS in June 2012 sent CAIR-Foundation Inc. a letter stating the controversial nonprofit had regained its tax-exempt status as a 501(c)3. At the same time, the IRS demanded tea party and other patriot groups turn over donor rolls, membership lists and contacts with political figures, among other things, before the agency would consider granting tax-exempt status to them.

CAIR Foundation, which is listed at the same 453 New Jersey Ave. address as CAIR’s national headquarters in Washington, told the Washington Post that “all the paperwork issues have been resolved” concerning the organization.

However, WND has obtained CAIR-Foundation Inc.’s latest filing, and even this tax document is incomplete. It is a partial return for the calendar year 2011, covering only the period from Aug. 9, 2011, to Dec. 31, 2011. The final page of the return, in fact, requests an extension from the IRS.

“Additional time is required to obtain information necessary in filing a complete and accurate return,” states CAIR’s accountant Joey Musmar.

The filing says the organization solicited $3,964,990 in gifts, grants and other contributions that “were not tax deductible.” An annual fundraiser raised a net $106,879.

At the beginning of 2011, CAIR’s liabilities exceeded its assets by $940,279.

It also owed “CAIR Inc.” $722,261 for “charity consulting.” This amount is listed as a “loan.” CAIR Inc. is listed as a “C Corp.”

CAIR insists its tax returns for 2007-2010 exist. Yet it still won’t produce them, despite repeated requests. According to the IRS, nonprofits must make their tax returns available to the public upon request.

CAIR lists Todd Gallinger, director of chapter development, as its contact for such matters, at (202) 488-8787 and tgallinger@cair.com.

It’s not clear what, if anything, the IRS investigated concerning CAIR’s filings. The agency did not respond to requests for comment.

Florida’s counties have a mixed record on transparency

How transparent is your county? Did you know that only 47 of 67 of Florida’s counties post their budget online? Less than half post current audit information on their website. Only three counties disclose if they belong to a government sector lobbying association.

Sunshine Review is dedicated to “bringing state and local government to light”. A government that is transparent is key to understanding how it functions and spends taxpayer money in the public good. Florida’s 67 counties have a mixed record.

Florida has 67 counties. In 1968, Florida voters adopted a constitutional amendment that grants local voters the power to adopt charters to govern their counties. Charters are formal written documents that confer powers, duties, or privileges on the county. They resemble state or federal constitutions and they must be approved by the county’s voters.

As of January 2009, 20 counties in Florida have adopted charter status. Taken together, these counties include more than 75 percent of Florida’s residents.

According to Sunshine Review:

  • 47 of the 67 counties posted their budgets online.
  • 60 counties include information on their websites about public government meetings.
  • 57 include information about the county’s elected officials.
  • 46 include information about the county’s administrative officials.
  • 52 counties give information about permits and zoning in the county.
  • 31 of the counties put information on their websites about audits that the county government has had performed.
  • 22 of the 67 counties give information about their contracts with county vendors.
  • 3 Counties (DuvalPalm BeachPinellas) disclose whether or not they belong to a government sector lobbying associations.
  • 8 counties (CalhounDixieDuvalEscambiaHighlandsOrangePinellasPolkPutnam) provide information on how to request public records using the Florida Sunshine Law.
  • 54 county websites provide some information about county taxes.

Additionally, Ballotpedia evaluated Ballot measure information on Florida county websites.

See also

External links

Department of Homeland Security Targets Orlando and St. Louis TEA Party IRS protests

DHS vehicle is visible on the right side of this photo courtesy of BizPac Review.

Tom Tillison of BizPac Review reports:

The protest was held in Maitland, Florida, a short drive north of Orlando and not surprisingly, North Lake Tea Party, long the standard bearer of the Central Florida tea party movement, was on hand.

The tea party was acting on a call to action by Tea Party Patriots Inc., which bills itself as the nation’s largest tea party organization, in response to recent admissions by IRS officials that the agency had intentionally targeted tea party and conservative groups.

A scandal that continues to grow in scope with each passing day.

Under the watchful eye of Homeland Security — yes, they were present — protesters carried signs that read “We Do Not Consent to Tyranny,” “Abolish the IRS” and “Don’t Target me Bro!,” making it clear they do not condone the use of the IRS as a political weapon.

As one protester noted, it’s insulting that Homeland Security felt the need to be present as American citizens exercise their first amendment right, but decide to look away when suspected Islamic terrorist Tamerlan Tsarnaev travels back and forth to his home country.

Patti DiBella, who was at the Melbourne, FL  protest, in an email to WDW states, “I wanted to go & thank Homeland Security for being there ‘to protect US from TERRORISTS’!…that’s why they were there (with the K-9’s)…right? But it was raining like a monsoon & they never got out of their cars.”

The Department of Homeland Security did not show up at all Florida protests. The one in Sarasota, FL was held peacefully with no DHS presence.

Gateway Pundit reports, “Residents of St. Louis County, MO met in front of the IRS offices on May 21, 2013 to protest the IRS’ practice of targeting and harassing conservatives, patriots and Tea Party supporters. There were no city or county police there, ONLY DEPT OF HOMELAND SECURITY POLICE.”

Given that officers from the Department of Homeland Security were at TEA Party IRS protests in both St. Louis, MO, Melbourne and Orlando, FL but not in Sarasota, FL indicates targeting? It should be noted that the IRS offices are federal buildings and the DHS has a role in protecting federal buildings in the US.

If any other groups noticed the same presence of DHS officers at their protest or the lack thereof please contact WDW.

RELATED COLUMN:

Whoa!! ARMED DHS GUARDS Meet Tea Party Protesters Outside IRS Rally in St. Louis (Video)

IRS demanded names of conservative college interns from 2008 election cycle
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Chain of Command Suggests Scandal Not Limited to ‘Low-Level Employees’…

Is Gov. Rick Scott abusing his executive powers?

Republicans have been quick to point out that President Obama’s recess appointments bypass the US Senate’s constitutional role of advice and consent. Courts have ruled against President Obama calling some appointments “unconstitutional“. But what happens when a Republican does the same thing?

Governor Rick Scott is coming under fire for recent “recess” appointments.

Scott recently made 42 appointments to boards and commissions throughout the state. Among them was Dr. John Armstrong, State Surgeon General and Secretary of the Florida Department of Health, who Scott reappointed for a term beginning May 16, 2013, and ending at the pleasure of the Governor. Health News Florida reports, “Dr. John Armstrong will continue to lead the Department of Health, thanks to a reappointment by Gov. Rick Scott. As the Associated Press reports, Florida Senators, particularly state Sen. Jack Latvala, R-Clearwater, wanted Armstrong out.”

Governor Scott can reappoint one time. If the Senate does not confirm them at the next session, they must vacate their positions.

Two other appointments have also drawn the ire of the Florida Senate. Katie Sanders from the Tampa Bay Times wrote, “Senators approved a slew of Gov. Rick Scott appointees on Thursday [May 2, 2013] and are slated to do more today. However, a few notable names will not make the cut. Unconfirmed appointments include state Surgeon General Dr. John Armstrong, Florida A&M trustee (and former Pinellas County school board member) Glenn Gilzean, and the entire Florida Polytechnic University Board of Trustees.”

Armstrong fell out of favor with senators when he failed to show up for a confirmation hearing, Latvala said. ‘There were some issues with some members of the Legislature and the way he interacted with them. It’s a little behavior management’,” Sanders reports.

Is there a double standard when it comes to recess appointments?

Rubio: President’s “culture of political intimidation” (video)

Senator Marco Rubio went on the Senate floor and described President Obama’s “culture of political intimidation” not unlike “the tactics of a Third World nation”.

Excerpts from U.S. Senate Floor Speech
Senator Marco Rubio
May 15, 2013

Full Speech: http://youtu.be/D8f9Lq71Jes

RUBIO: THESE ARE THE TACTICS OF THE THIRD WORLD

“So in the span of four days, [there were] three major revelations about the use of government power to intimidate those who are doing things that the government doesn’t like. These are the tactics of the third world. These are the tactics of places that don’t have the freedoms and the independence that we have here in this country. And it is shocking to Americans that this would come to light in the way that it has. I would submit to you, however, that none of this is new. That what we see emerging here is a pattern, a culture, a culture of intimidation, of hardball politics that we saw both on the campaign trail and now through the apparatus of government.”

RUBIO: OBAMA’S CULTURE OF INTIMIDATION LEADS TO THIS SCANDALOUS BEHAVIOR

“This is not just limited to the I.R.S. This is a culture of intimidation, a willingness to play hardball politics against your political opponents. Let’s not forget the case in South Carolina of Boeing, who decided to relocate, as any business has a right to do, in the United States of America. A business should have the right to locate its operations in any state it wants. Well, when Boeing decided to relocate from Washington state to South Carolina, the NLRB came after them in a complaint, which they claimed was on the merits, but it was very straightforward. They were going after them because the union in Washington state was upset about the move. And in fact, the case was dropped partially because of political pressure.  But interestingly enough, the effort was only abandoned after – after – they negotiated a contract deal with the union. Now listen, I can be up here all day and I intend to keep coming back to the floor and citing examples of this. But the point is, [what] we have going on now is a culture of hardball politics and intimidation which is unacceptable and should be chilling to every member of this body, Republican and Democrat. This is unacceptable behavior. But this is what you get with an administration, when an administration is all about politics. This administration is a 365-days-a-year, year-round political campaign. Every issue is a political campaign leading up to the election and even now, every issue is a wedge. Few times in the history of this country has anyone used this office to drive more wedges among the American people than this president and this administration. And so yes, this is the culture that has been created. ‘ They’re bad and we’re good. Our enemies are bad people. The people who disagree with us on policy are bad people. You don’t support us on guns, you don’t care about children and families. You don’t support some measure against religious liberty, you’re waging a war on women.’ On issue after issue, a deliberate attempt to divide the American people against each other for the purposes of winning an election. That is the culture that’s been created, and that culture leads to this kind of behavior. Whether it was directed or not, we don’t know that. I’m not saying someone picked up the phone in the White House and said do these audits, leak this information. I am saying that when you create a culture where what’s rewarded is political advantage, when you create a culture in your administration where everything is politics 24 hours, seven days a week, when you create a culture where every issue that comes before the Congress is used to divide people against each other, to see who can get to 51% in the next election, when you create a culture like that, it leads to this kind of behavior throughout your administration.”

RUBIO: OBAMA LABOR SECRETARY NOMINEE’S RECORD RIDDLED WITH GOVERNMENT INTIMIDATION AT ITS WORST

“And in the days to come, we’re going to be hearing more about this. We have a nominee right now to the Labor Department who has an admirable personal story which I admire and applaud but who has a history of using the government and his position in government to intimidate people to do what he wants them to do. I would submit to you that Mr. Perez’ nomination is bad for the country at any time, but in this administration, in this political culture after what we have learned in the last few days, even more so. And I hate to single him out, but that is one of the pending ones that are before us.”

RUBIO: SOON THE AMERICAN PEOPLE HAVE TO WORRY ABOUT THIS SAME IRS ENFORCING OBAMACARE

“This same IRS that was willing to do this, this same IRS that was willing to target groups because of their political leanings, this same IRS that audited Mr. VanderSloot after he happened to appear on the Obama enemy list, this same IRS will now have unfettered power to come after every American and ensure that either you’re buying insurance or you’re paying them a tax. Every American business. The front lines of enforcing ObamaCare falls to the IRS. That is what happens when you expand the scope and power of government. It’s always sold as a noble concept. It’s always offered up by government as, ‘We’re going to give the government more power so they can do good things for us.’ But the history of mankind proves that every time a government gets too much power, it almost always ends up using it in destructive ways against the personal liberties of individuals.”

RUBIO: THE CONSTITUTION IS SUPPOSED TO GUARD AGAINST THIS GOVERNMENT ABUSE

“And that’s why the framers of our Constitution were so wise to impose real constitutional limits on the power of our government, because they knew from history that this was the case. That’s why our Constitution says that unless government at the federal level is specifically given a power, it doesn’t have it. That’s why it says that. That’s why you see people stand up here on the floor and fight to protect the Constitution. That’s why these groups were formed around the country. Everyday Americans from all walks of life, people, some of whom had never been involved in politics before, who joined a Tea Party movement or a 912 movement because they feared the direction our country was going, and so they stood up and said, ‘This is wrong. This is why.’ This is why this adherence to the Constitution. Because the Constitution was based on the simple truth that if government has too much power, it almost always ends up destructive. Our framers knew better than to rely on good people being in government to take care of us. They understood that government’s power in order for us to have freedom and prosperity necessarily had to be limited, not because we’re anti-government. Of course we need a government. Who provides for our national defense?  Who is supposed to secure our borders when we’re having this immigration debate? These are important things our government needs to do. But if you give it too much power, it leads to these abuses. This is why the Constitution was so wise to limit the power of the federal government to its enumerated powers and leave to the government closest to the people most of the powers. And I think we should reexamine all these decisions that have been made that have expanded the scope and power of our government.”

RUBIO: THIS HAS A CHILLING EFFECT ON FREE SPEECH

“I don’t know how many people are aware of this, but early next year, every single one of you is going to have to buy insurance, health insurance that the government says is good enough. Maybe not the insurance you’re getting today that you’re happy with. And if you don’t buy that insurance, you are going to owe the IRS some money. That’s a tax to me. The same IRS that has shown a propensity to target people based on their political leanings. This is who we’ve empowered through ObamaCare. So this is what’s going on here. It’s not just one scandal at the IRS, it’s about a culture of hardball politics. I think in the days to come, we’re going to learn a lot more about it and we’re not going to like what we learn. For example, you think about some of our most precious freedoms, the First Amendment right to free speech. Think about if you’re a reporter at the Associated Press. Think about if you are a source unrelated to national security to the Associated Press. Think about if you’re really a whistle-blower, someone who is blowing the whistle on government activity because you work in the government and you think what the government is doing is wrong. Think about that for a second. Now all of a sudden, what are you afraid of? ‘I’m not calling that reporter back because their phone might be tapped. My number may show up on their records.’ Because the Justice Department has just shown that they’re willing to do that. Think about the chilling effect that that sends up and down the government. If there is wrongdoing somewhere in the government right now, people are probably afraid to blow the whistle because they’re afraid that they are being surveilled by the Justice Department or that the person they’re talking to is being surveilled. That’s how outrageous this is. Think about people that are thinking about getting involved in the political process, contributing to a group or speaking out, donating to a campaign or a candidate as they are allowed to do under the Constitution. They don’t want to be the next VanderSloot. They don’t want to be the next guy being targeted. They don’t want to be the next person being smeared on a website. This is unacceptable. This is an outrage. And every single member of this body should be outraged by this behavior – this culture of intimidation, these hardball politics tactics. We cannot stand for this. And I hope we will be united in condemning this and ensuring we get to the bottom of this with significant investigations and hearings from the committees in the Senate that have jurisdiction on the matter.”

Fraud Alert: More red light tickets coming if you live in Florida

WDW did a column on red light cameras that are popping up all over the state of Florida. We reported on a study conducted by Barbara Langland-Orban, PhD, John T. Large, PhD, Etienne E. Pracht, PhD from the University of South Florida (USF) on red light cameras in 2008. They updated their study in 2011. Langland-Orban, et. al. found that red light cameras (RLC) increase the number of accidents at intersections by 28%.

The 2008 study found:

“Rather than improving motorist safety, red-light cameras significantly increase crashes and are a ticket to higher auto insurance premiums, researchers at the University of South Florida College of Public Health conclude. The effective remedy to red-light running uses engineering solutions to improve intersection safety, which is particularly important to Florida’s elderly drivers, the researchers recommend.

Instead, they increase crashes and injuries as drivers attempt to abruptly stop at camera intersections. If used in Florida, cameras could potentially create even worse outcomes due to the state’s high percent of elderly who are more likely to be injured or killed when a crash occurs.”

Tampa Bay News Channel 10 did a report on red light cameras. According to 10 News:

“A subtle, but significant tweak to Florida’s rules regarding traffic signals has allowed local cities and counties to shorten yellow light intervals, resulting in millions of dollars in additional red light camera fines.

The 10 News Investigators discovered the Florida Department of Transportation (FDOT) quietly changed the state’s policy on yellow intervals in 2011, reducing the minimum below federal recommendations. The rule change was followed by engineers, both from FDOT and local municipalities, collaborating to shorten the length of yellow lights at key intersections, specifically those with red light cameras (RLCs).”

10 News reports,While yellow light times were reduced by mere fractions of a second, research indicates a half-second reduction in the interval can double the number of RLC citations — and the revenue they create.”

The 10 News investigation stemmed from a December discovery of a dangerously short yellow light in Hernando County. After the story aired, the county promised to re-time all of its intersections, and the 10 News Investigators promised to dig into yellow light timing all across Tampa Bay.”

“Red light cameras generated more than $100 million in revenue last year in approximately 70 Florida communities, with 52.5 percent of the revenue going to the state. The rest is divided by cities, counties, and the camera companies. In 2013, the cameras are on pace to generate $120 million,” notes 10 News.

Cities and counties install red light cameras as a “hidden tax” on motorists. RLCs are a new revenue stream for government and those companies that produce RLCs according to the USF study:

Comprehensive studies from North Carolina, Virginia, and Ontario have all reported cameras are significantly associated with increases in crashes, as well as crashes involving injuries. The study by the Virginia Transportation Research Council also found that cameras were linked to increased crash costs.

Some studies that conclude cameras reduced crashes or injuries contained major “research design flaws,” such as incomplete data or inadequate analyses, and were conducted by researchers with links to the Insurance Institute for Highway Safety. The IIHS, funded by automobile insurance companies, is the leading advocate for red-light cameras.

 The Florida legislature, during the 2013 session, considered HB 4011 which would repeal the use of red light cameras in the state. However, HB 4011 died in the House Appropriations Committee.

RUBIO: Federal government used to target political opponents

Rubio: “But the message is clear, and that is: ‘If we don’t like what you are saying or what you are doing, then we are going to use the apparatus of government to intimidate you and make you very uncomfortable.’ That is the story of the IRS, that is the story of the Justice Department via the AP issue, and that is the story with Benghazi.”

Excerpts from Interview with FOX News’ Bill O’Reilly

Senator Marco Rubio

May 14, 2013

Senator Marco Rubio: “I don’t know if the President did though. We don’t have evidence of that. I can tell you that what has become clearly apparent is a culture throughout the federal government, not just the IRS, but the Department of Justice, the State Department, etc. We have seen that now in three different incidents that basically use the government as an instrument of political activity to target your political opponents, to make life difficult for the people that are saying things that you don’t like, to make life difficult for whistle blowers that are saying things about the State Department that you don’t like, and I believe that all that comes from the top of any organization. So, I think that is where the questions are increasingly leading, and it is embarrassing for the country. These are things you typically see in the third world, from un-established republics and other places. You don’t see that here, and I think that is what is really troubling about the recent string of events.”

Rubio: “Right, so we have to be careful about that, but let me just say this. I don’t think that kind of environment can flourish unless there is created a space or an environment where it is encouraged. So, this is what we do know. We do know that donors to Mitt Romney and the Republican causes last year where targeted by Obama’s campaign apparatus, and the gentleman in Idaho that was targeted in his operation. We know others that complained about it. So, it is a general culture of the willingness to use the instruments of government to put what you consider to be your political opponents in a bad position, and you’ve seen that now on issue after issue. You have a whistle blower last week saying that in Benghazi that they felt threatened for their job. You have the AP now being targeted in a widespread effort to find out information about them, and you have this incident with the IRS.”

Rubio: “If this was just targeted at the leaks, that is a valid law enforcement endeavor. The problem is this is so widespread. If you look at what the request was and how widespread it was, what it basically feels like, and you’re seeing people in the press saying that. By the way, the curiosity in all this is how the press wanted to ignore Benghazi. They wanted to ignore all this other stuff. But when it touches them, now this thing is ‘the next Watergate.’ But back to the point about the AP, the request was so widespread; it wasn’t targeted. It was so widespread, it was like a fishing expedition.”

Rubio: “But the message is clear, and that is: ‘If we don’t like what you are saying or what you are doing, then we are going to use the apparatus of government to intimidate you and make you very uncomfortable.’ That is the story of the IRS, that is the story of the Justice Department via the AP issue, and that is the story with Benghazi.”

Rubio: “We did a hearing and Secretary Clinton came before us and answered questions and obviously as more information comes out, what she said at that hearing will have to be compared to what the facts are that are being uncovered, and I hope that they match up. And if they don’t, then obviously, there will be consequences for that. But look here is the bottom line: there are two separate issues to look at in Benghazi. One is were the talking points manipulated for political purposes? And number two, should we even have been there to begin with, in Benghazi, after a steady stream of intelligence reporting that told the State Department that it is a very dangerous environment to have been there? They should have closed it down, and if they were going to keep Benghazi open, they should have had an adequate security and an adequate plan to rescue those people, and they did not.”

Full Interview: http://youtu.be/aJ_CT7YmmE4

Florida Rep. Buchanan: “Heads Need to Roll” at the IRS

WASHINGTON – U.S. Rep. Vern Buchanan, R-FL, and the only member of the Florida delegation on the House Ways and Means Committee, today called on acting-IRS commissioner Steven Miller to immediately fire Lois Lerner, the senior IRS official who oversaw the intentional targeting of individuals because of their politics and criticism of the government.

“Heads need to roll today,” said Buchanan, Florida’s only member of the Ways & Means Committee which oversees the IRS. “Ms. Lois Lerner knew about this gross abuse of power as early as 2011 but continues to plead ignorance to this day. We don’t want apologies we want answers and accountability — and we can start by firing the person responsible for this gross abuse of power.”

On Friday, Lerner told reporters that she first learned of the IRS targeting of political groups from media reports. However, a draft report by the Treasury inspector general for tax administration confirms that Ms. Lerner was made aware that such political targeting had occurred on June 29, 2011. Ms. Lerner also tried to pin the blame on low-level workers. The Inspector General’s report confirms that senior IRS officials in Washington were made aware of the misconduct as early as August 2011.

“Our founding fathers would be rolling in their graves if they knew their government was targeting individuals based on their political beliefs and criticism of the government,” said Buchanan. “The American people need to know they can be critical of their government without fear of retribution.”

Buchanan issued a letter to Treasury Secretary Jack Lew on Monday demanding a full accounting from top to bottom of those responsible for the IRS’s gross abuse of power and what action is being taken to restore the public trust. The Ways & Means Committee will hold its first hearing on Friday to further investigate the matter.

Congressman Buchanan sent the letter below to Treasury Secretary Lew:

May 13, 2013

The Honorable Jacob Lew
Secretary of the Treasury
1500 Pennsylvania Avenue, NW
Washington, D.C. 20220

Dear Secretary Lew,

I share the outrage of millions of Americans at confirmed reports that the Internal Revenue Service has gone out of its way to intentionally target individuals and organizations whose politics are at odds with the Administration. The American people demand and deserve a full-accounting from top to bottom of those responsible for this gross abuse of power and what action is being taken to restore the public trust.

On March 22, 2012, as a member of the House Ways and Means Committee which oversees the IRS, we heard then-Commissioner Douglas Shulman clearly state that the IRS did not engage in the practices of which it is now accused saying “there is absolutely no targeting.” Yet, less than a year earlier, Commissioner Shulman’s own deputy, Lois Lerner, was made aware that such malpractice had indeed occurred. It became evident that groups with “tea party” or “patriot” in their names were extremely vulnerable to auditing harassment. Even nonprofit organizations that sought to educate Americans about the U.S. Constitution were unfairly singled out for scrutiny.

The nation’s trust in government was betrayed by this unconscionable behavior.

On behalf of my constituents, your immediate response is not only warranted but essential to clearing up a matter that would have our founding fathers rolling in their graves.

Sincerely,

Vern Buchanan
Member of Congress

Rubio introduces legislation to limit powers of IRS

Washington, D.C. – U.S. Senator Marco Rubio (R-FL) today filed an amendment to the Water Resources Development Act to prevent the Internal Revenue Service (IRS) from abusing its powers to violate first amendment rights. Rubio will introduce identical legislation, the Taxpayer Nondiscrimination & Protection Act of 2013, in the Senate tomorrow. The legislation, introduced today in the House by Congressman Mike Turner (R-OH), provides for mandatory termination and criminal liability for Internal Revenue Service employees who willfully violate the constitutional rights of a taxpayer. The need for the legislation is demonstrated by current reports of the IRS deliberately targeting conservative organizations, and it expressly states that political speech and political expression are protected rights.

The legislation reads in part, “Whoever being an employee of the Internal Revenue Service, engages, during the performance of that employee’s official duties, in an act or omission described in section 1203(b) of the Internal Revenue Service Restructuring and Reform Act of 1998 shall be fined under this 8 title or imprisoned not more than 5 years, or both.’’

“A government organization like the IRS discriminating against political organizations is an outrageous abuse of power, and the American people have every right to demand answers and accountability,” said Rubio. “Those responsible individuals should face all appropriate punishment available under current law, and all organizations and individuals who engage in political speech and expression should be protected against this kind of discriminatory behavior in the future. I commend Congressman Turner for championing this legislation in the House and hope our colleagues will join us in providing protections to deter this kind of governmental abuse from happening again.”

Earlier, Rubio sent a letter to Treasury Secretary Jack Lew to demand the resignation of the current IRS Commissioner. “The American people deserve answers about how such seemingly unconstitutional and potentially criminal behavior could occur, and who else was aware of it throughout the Administration,” Rubio wrote. “If investigations reveal that bureaucrats or political appointees engaged in unconstitutional or criminal targeting of conservative taxpayers, they must be prosecuted to the fullest extent of the law.”

To view the legislation, click here.

Below is the full text of the letter:

May 13, 2013

The Honorable Jack Lew 
Secretary 
U.S. Department of the Treasury 
1500 Pennsylvania Avenue, NW 
Washington, D.C. 20220

Dear Secretary Lew:

Recent revelations about the Internal Revenue Service’s selective and deliberate targeting of conservative organizations are outrageous and seriously concerning. This years-long abuse of government power is an assault on the free speech rights of all Americans. This direct assault on our Constitution further justifies the American people’s distrust in government and its ability to properly implement our laws.

The American people deserve answers about how such seemingly unconstitutional and potentially criminal behavior could occur, and who else was aware of it throughout the Administration. It is imperative that you, your predecessor, and other past and present high-ranking officials at the Department of Treasury and IRS immediately testify before Congress.

The public expects your complete cooperation with both congressional investigations and potential criminal inquiries. If investigations reveal that bureaucrats or political appointees engaged in unconstitutional or criminal targeting of conservative taxpayers, they must be prosecuted to the fullest extent of the law. At a bare minimum, those involved with this deeply offensive use of government power have committed a violation of the public trust that has already had a profoundly chilling effect on free speech. Such behavior cannot be excused with a simple apology.

Furthermore, it is clear the IRS cannot operate with even a shred of the American people’s confidence under the current leadership. Therefore, I strongly urge that you and President Obama demand the IRS Commissioner’s resignation, effectively immediately. No government agency that has behaved in such a manner can possibly instill any faith and respect from the American public.

Sincerely,

Marco Rubio