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Archive for May 28th, 2010

BP Resumes Work to Plug Oil Leak After Facing Setback

(May 27, 2010)

BP officials, who along with government officials created the impression early in the day that the strategy was working, disclosed later that they had stopped pumping the night before when engineers saw that too much of the drilling fluid was escaping along with the oil.—Clifford Krauss and John M. Broder

‘Top kill’ effort stops flow of oil into Gulf of Mexico, Coast Guard admiral says

(May 27, 2010)

Engineers have stopped the flow of oil and gas into the Gulf of Mexico from a gushing BP well, the federal government’s top oil spill commander, U.S. Coast Guard Adm. Thad Allen, said Thursday morning.

The “top kill” effort, launched Wednesday afternoon by industry and government engineers, has pumped enough drilling fluid to block all oil and gas from the well, Allen said.—Jim Tankersley, Los Angeles Times

So which Party Organ has the correct Democrat narrative?  When it’s propaganda, does it really matter?

I.M. Kane

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“We’ve lost a member of our family but we’re supposed to pay for the damage to her bumper? That’s just wrong.” Katherine Flemming

“Don’t overestimate the decency of the human race.” H. L. Mencken 


 

Family asked to pay for car damage after dog run over

From Breitbart

State Farm Insurance has asked a Canadian family to pay for repairing a bro…

A car insurer has asked a Canadian family to pay for repairing a broken bumper after their dog was struck by the vehicle and died, local media said Thursday.

The traffic accident occurred in March while Jake, a 12-year-old yellow Labrador, was out for his daily stroll around a quiet neighborhood in Aurora, Ontario, north of Toronto.

Kim Flemming had let the dog out when she arrived home from work. Moments later, a man knocked on the door to say a car had run over Jake.

“I got to the road and he was dying,” Flemming told the Toronto Star. “He died in my arms.”

Two months later, the family received a bill in the mail for 1,732.80 Canadian dollars (1,648.95 US) from State Farm Insurance.

The letter said Flemming had been found responsible for damage to the vehicle. “As such, we are looking to you for reimbursement,” it reportedly stated.

State Farm spokesman John Bordignon told the Star: “They could have made sure their dog wasn’t free on the roadway.”

A local bylaw requires pets to be on a leash when off the owner’s property, but the Flemmings said Jake had become accustomed to roaming outside the family’s home.

State Farm was not immediately available for further comment.

“We’ve lost a member of our family but we’re supposed to pay for the damage to her bumper? That’s just wrong,” daughter Katherine Flemming said.

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“[C]ensus workers … are empowered under federal law to actually demand access to any apartment or any other type of home or room that is rented out, in order to count persons in the abode and for ‘the collection of statistics.’  If the landlord of such apartment or other leased premises refuses to grant the government worker access to your living quarters, whether you are present or not, the landlord can be fined $500.00.

[S]ome census workers apparently are going even further and demanding — and receiving — private cell phone numbers from landlords in order to call tenants and obtain information from them.”—Bob Barr


 

Census workers can enter your apartment in your absence

By Bob Barr

Thousands of census workers, including many temporary employees, are fanning out across America to gather information on the citizenry.  This is a process that takes place not only every decade in order to complete the constitutionally-mandated census; but also as part of the continuing “American Community Survey” conducted by the Census Bureau on a regular basis year in and year out.

What many Americans don’t realize, is that census workers — from the head of the Bureau and the Secretary of Commerce (its parent agency) down to the lowliest and newest Census employee — are empowered under federal law to actually demand access to any apartment or any other type of home or room that is rented out, in order to count persons in the abode and for “the collection of statistics.”  If the landlord of such apartment or other leased premises refuses to grant the government worker access to your living quarters, whether you are present or not, the landlord can be fined $500.00.

That’s right — not only can citizens be fined if they fail to answer the increasingly intrusive questions asked of them by the federal government under the guise of simply counting the number of people in the country; but a landlord must give them access to your apartment whether you’re there or not, in order to gather whatever “statistics” the law permits.

In fact, some census workers apparently are going even further and demanding — and receiving — private cell phone numbers from landlords in order to call tenants and obtain information from them.  Isn’t it great to live in a “free” country?

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Retired Constitutional lawyer Michael Connelly read the entire proposed House Bill 3200 before Brother O signed it into law. He posted his stunning conclusions on his blog August 12, 2009.

The law does provide for rationing of health care, particularly where senior citizens and other classes of citizens are involved, free health care for illegal immigrants, free abortion services, and probably forced participation in abortions by members of the medical profession.

The Bill will also eventually force private insurance companies out of business and put everyone into a government run system. All decisions about personal health care will ultimately be made by federal bureaucrats and most of them will not be health care professionals. Hospital admissions, payments to physicians, and allocations of necessary medical devices will be strictly controlled. …

Connelly contends that the health care legislation is not intended to provide affordable health but to transfer power to the Executive Branch of government that will effectively destroy major portions of the Constitution of the United States.

Under the provisions of this piece of Congressional handiwork neither the people nor the states are going to have any rights or powers at all in many areas that once were theirs to control.—Michael Connelly

I.M. Kane


 

The Truth About the Health Care Bills

By Michael Connelly

Well, I have done it! I have read the entire text of proposed House Bill 3200: The Affordable Health Care Choices Act of 2009. I studied it with particular emphasis from my area of expertise, constitutional law. I was frankly concerned that parts of the proposed law that were being discussed might be unconstitutional. What I found was far worse than what I had heard or expected.

To begin with, much of what has been said about the law and its implications is in fact true, despite what the Democrats and the media are saying. The law does provide for rationing of health care, particularly where senior citizens and other classes of citizens are involved, free health care for illegal immigrants, free abortion services, and probably forced participation in abortions by members of the medical profession.

The Bill will also eventually force private insurance companies out of business and put everyone into a government run system. All decisions about personal health care will ultimately be made by federal bureaucrats and most of them will not be health care professionals. Hospital admissions, payments to physicians, and allocations of necessary medical devices will be strictly controlled.

However, as scary as all of that is, it just scratches the surface. In fact, I have concluded that this legislation really has no intention of providing affordable health care choices. Instead it is a convenient cover for the most massive transfer of power to the Executive Branch of government that has ever occurred, or even been contemplated. If this law or a similar one is adopted, major portions of the Constitution of the United States will effectively have been destroyed.

The first thing to go will be the masterfully crafted balance of power between the Executive, Legislative, and Judicial branches of the U.S. Government. The Congress will be transferring to the Obama Administration authority in a number of different areas over the lives of the American people and the businesses they own. The irony is that the Congress doesn’t have any authority to legislate in most of those areas to begin with. I defy anyone to read the text of the U.S. Constitution and find any authority granted to the members of Congress to regulate health care.

This legislation also provides for access by the appointees of the Obama administration of all of your personal healthcare information, your personal financial information, and the information of your employer, physician, and hospital. All of this is a direct violation of the specific provisions of the 4th Amendment to the Constitution protecting against unreasonable searches and seizures. You can also forget about the right to privacy. That will have been legislated into oblivion regardless of what the 3rd and 4th Amendments may provide.

If you decide not to have healthcare insurance or if you have private insurance that is not deemed “acceptable” to the “Health Choices Administrator” appointed by Obama there will be a tax imposed on you. It is called a “tax” instead of a fine because of the intent to avoid application of the due process clause of the 5th Amendment. However, that doesn’t work because since there is nothing in the law that allows you to contest or appeal the imposition of the tax, it is definitely depriving someone of property without the “due process of law.

So, there are three of those pesky amendments that the far left hate so much out the original ten in the Bill of Rights that are effectively nullified by this law. It doesn’t stop there though. The 9th Amendment that provides: “The enumeration in the Constitution, of certain rights, shall not be construed to deny or disparage others retained by the people;” The 10th Amendment states: “The powers not delegated to the United States by the Constitution, nor prohibited by it to the States, are preserved to the States respectively, or to the people.” Under the provisions of this piece of Congressional handiwork neither the people nor the states are going to have any rights or powers at all in many areas that once were theirs to control.

I could write many more pages about this legislation, but I think you get the idea. This is not about health care; it is about seizing power and limiting rights. Article 6 of the Constitution requires the members of both houses of Congress to “be bound by oath or affirmation” to support the Constitution. If I was a member of Congress I would not be able to vote for this legislation or anything like it without feeling I was violating that sacred oath or affirmation. If I voted for it anyway I would hope the American people would hold me accountable.

For those who might doubt the nature of this threat I suggest they consult the source. Here is a link to the Constitution:

http://www.archives.gov/exhibits/charters/constitution_transcript.html

And another to the Bill of Rights:

http://www.archives.gov/exhibits/charters/bill_of_rights_transcript.html

There you can see exactly what we are about to have taken from us.

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SPECTER HAUNTS OBAMA

Sestak’s Lose-Lose Dilemma
By Nancy Matthis at American Daughter

The hint of a White House bribe helped U.S. Rep. Joe Sestak in the Democratic primary for the Pennsylvania US Senate seat. But it will be a liability in the general election.

In an environment of massive anti-incumbent sentiment, it was advantageous to Sestak to differentiate himself from the self-serving Arlen Specter, who had switched parties to gain Obama’s sponsorship in hopes of saving his place in the Senate. One does not reach a high level in the military without being socially and politically prudent, and Sestak rose to the rank of three-star Admiral. He was also street-savvy enough to win two terms in Congress after that. Yet one can understand how he was tempted to let the story of the White House job offer, purportedly made last July, slip during the taping of a mid-February public affairs television show.

U.S. Rep. Joe Sestak … stands behind his contention that the Obama administration offered him a federal job if he would back away from a Democratic primary race against Sen. Arlen Specter.

“Yes, I was offered a job,” Sestak said….

Sestak said top party officials urged him to abandon his Senate bid when Specter joined the Democratic Party….

“Look, I am comfortable that I answered honestly,” Sestak said. “I said I would never agree with the type of deal that was done with Specter, so I would never go for a deal for myself.”

As early as last June, establishment Democrats were lining up against his then unannounced candidacy.

The public mulling of a Senate bid by Sestak – a retired admiral who’s just begun his second term in the House – is giving heartburn to many influential Democrats in Washington and in the Keystone State. Democratic leaders painstakingly worked to recruit Specter, potentially the Democrats’ filibuster-breaking 60th vote in the Senate, under the assumption that the former Republican would be able to coast through his adopted party’s primary on his way to another term.

Pennsylvania governor Ed Rendell personified the great disconnect between Democratic incumbents and public sentiment, and proved himself a dismal prognosticator, when he assumed a loss for Sestak last June:

Gov. Ed Rendell (D) offered especially blunt words against a Sestak candidacy, telling MSNBC that “Joe should not run for the Senate in the Democratic primary. He would get killed. … [If] Joe Sestak runs against Arlen Specter, he is out of the Congress after just two short terms. We will lose a terrific Congressman and when he loses to Arlen, he fades into political obscurity.”

Now Sestak has handily won the primary, and the spectre of Specter has instead faded into political obscurity. Within Democratic circles, Sestak is diametrically opposed to the incumbent administration. He was a Hillary Clinton supporter. And there is a more painful fact, one that most political pundits overlook — Obama’s minion Admiral Michael Mullen, currently Chairman of the Joint Chiefs of Staff, was responsible for ending Sestak’s 31-year naval career.

Sestak’s Navy career ended in a less-than-ideal fashion. In July 2005 – within a week of Adm. Michael Mullen’s swearing-in as chief of naval operations – Sestak was dismissed as deputy chief of naval operations due to a “poor command climate,” according to the Navy Times…. The ouster represented a stunning (albeit temporary) reversal of fortune for Sestak.

In fact, Mullen fired Sestak his first day on the job, so it most likely was a political move, and not based on performance.

So much for the machinations of the Democratic primary. The story of the job offer, potentially a bribe intended to interfere in the electoral process, has taken on a life of its own. The White House denies it, but Sestak is sticking by his story.

Democratic Senate Nominee Sestak Repeats Claim: White House Offered Him Job to Drop Out of Race Against Specter
Friday, May 21, 2010

Rep. Joe Sestak, the Democratic nominee for Pennsylvania’s U.S. Senate seat, said again this week that the White House offered him a job to keep him from challenging Sen. Arlen Specter in the Democratic primary.

Darrell Issa, a Republican Congressman from California, wants to find out whether Obama committed an impeachable offense.

Rep. Joe Sestak’s allegation that the White House offered him a job to drop out of the Pennsylvania Senate primary race against Arlen Specter is a crime that could lead to the impeachment of President Obama, Rep. Darrell Issa said….

Issa, R-Calif., is one of many inside and outside Washington who want the Democratic Senate primary candidate to explain in detail what offer the White House made.

“It’s very clear that allegation is one that everyone from Arlen Spector to Dick Morris has said is in fact a crime, and could be impeachable,” said Issa, who is threatening to file an ethics compliant if Sestak doesn’t provide more details about the alleged job offer.

….Sestak, a former vice admiral in the Navy, first alleged in February that the White House offered him a high-ranking position in the administration last summer if he would sit out the primary against Specter, who won the backing of the White House and state Democratic leaders for switching parties.

If this event happened as described, here is the legal basis for impeachment:

U.S. Constitution Article II, Section 4 – Disqualification – The President, Vice President and all civil Officers of the United States, shall be removed from Office on Impeachment for, and Conviction of, Treason, Bribery, or other high Crimes and Misdemeanors.

And here is the definition for impeachment:

Impeachment – Impeachment, in the U.S. and Great Britain, proceeding by a legislature for the removal from office of a public official charged with misconduct in office. Impeachment comprises both the act of formulating the accusation and the resulting trial of the charges; it is frequently but erroneously taken to mean only the removal from office of an accused public official. An impeachment trial may result in either an acquittal or in a verdict of guilty. In the latter case the impeached official is removed from office; if the charges warrant such action, the official is also remanded to the proper authorities for trial before a court.

An article in the Washington Examiner details the dilemma facing Sestak in the general election:

During his bid for the Democratic nomination for the U.S. Senate in Pennsylvania Sestak claimed that he was offered a job in the Administration if he would agree to drop his bid to challenge the incumbent, Arlen Specter.

This is a felony according to the law.

The U.S. Code specifically forbids anyone from seeking to tamper with an election by offering a bribe or anything else of value or substance to a candidate. This is known as ‘quid-pro-quo.’ And it is a serious offense for which a person who is convicted of the crime could spend up to 5 years in prison….

How could the White House claim that nothing inappropriate took place when the very fact that Sestak was engaged in conversations with Administration officials during a hotly contested campaign is a highly suspicious act in and of itself?

Why would the White House even wish to talk to Sestak at all when it had clearly thrown its support to Specter?

Someone in this sordid mess is lying. And there are only 2 choices–Sestak or Robert Gibbs at the White House, who as press secretary must state to the public whatever he is instructed to say by the President and his advisers.

If Sestak is lying and the entire story is bogus, then his chances of beating the Republican in the Fall will drop like a lead balloon. But if he is telling the truth and continues to refuse to name the parties at the White House who offered him this deal, then he is protecting a felon. Either way Sestak loses.

Judicial Watch President Tom Fitton issued the following statement:

This latest bribery allegation reflects a disturbing pattern by the Obama White House. We still don’t have all the details about involvement of Obama administration officials in the sale of Obama’s former Illinois U.S. Senate seat by Rod Blagojevich. And we still don’t have answers about the charge that Obama Deputy Chief of Staff Jim Messina offered a federal job to Colorado Democratic Senate candidate Andrew Romanoff to keep him out of the Senate race. There is also the report that President Obama tried to push disgruntled White House Counsel Greg Craig out of the White House by offering a federal judgeship on the U.S. Court of Appeals for the D.C. Circuit. And now we have Joe Sestak.

The Chicago Machine has truly come to Washington.

Other than impeachment, other parts of the law might be relevant, according to Judicial Watch:

According to Judicial Watch, the following laws (among others) may have been violated in the Sestak matter: 18 USC 210: Offer to procure appointive public office; 18 USC 211: Acceptance of solicitation to obtain appointive public office; 18 USC 595: Interference by administrative employees by Federal, State or Territorial Governments; and 18 USC 600: Promise of employment or other benefit for political activity.

That legal opinion is reinforced by Jay Sekulow of The American Center for Law & Justice, who said in an interview:

Well, article 2, section 4 of the Constitution is there for a reason. And … this is spinning out of control, as far as the White House is concerned right now. This is getting big coverage and it’s getting big coverage because something’s wrong here. It’s undercutting democracy if, in fact, offers were made to have someone not run.

And it’s not just one or two sections of federal law that’s been violated here. We’ve done an analysis of this. There could be four or even five sections of the federal criminal code that was violated….

These are serious allegations here. …. I understand why Mr. Sestak is trying to not say anything right now because he’s now obtained the nomination and he may want the White House support. But the reality is, somebody’s going to have to speak. And if, in fact, it is established that an offer of employment was made so that he would not run, that is interference with a political campaign, it’s interference with elected office, it’s the promise and solicitation of a job opportunity in order to forego something. That violates … not only the Constitution, it violates federal law….

The opinion by most legal observers seems to be that Obama must have known if a job offer was made, but that someone else in the administration will take the fall for it. We, as ordinary citizens, watch this play out and have to decide who is not telling the truth — a high ranking military officer or a community organizer from Chicago. Hard choice that!

Related:

Michelle MalkinObama responds to Sestak scandal: Just trust me

Dick Morris.comPENN AG TOM CORBETT SHOULD EMPANEL GRAND JURY IN SESTAK AFFAIR

HyscienceJust ‘trust him’

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