Why Keystone XL Failed

The Keystone XL Pipeline vote passed by the House of Representatives failed in the Senate.

S.2280
Latest Title: A bill to approve the Keystone XL Pipeline.
Sponsor: Sen Hoeven, John [ND] (introduced 5/1/2014)      Cosponsors (55)
Related Bills: H.R.5682S.2314S.2554
Latest Major Action: 11/18/2014 Failed of passage/not agreed to in Senate. Status: Under the order of 11/12/14, not having achieved 60 votes in the affirmative, failed of passage in Senate by Yea-Nay Vote. 59 – 41. Record Vote Number: 280.

The full text of the bill is here. To find out which Democratic Senators voted no, click here.

We all want the Keystone XL pipeline for the sake of jobs even though they may be temporary and some interesting people will make lots of money, however it should also be noted that this oil will not be used domestically. It is also important to use the Keystone legislation to see the behind the curtains machinations and money that drives law from many lobby groups, corporations and special interest.

Senate Keystone “Yea” Votes Took In Six Times More Oil & Gas Money Than Opponents

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Senate Democrats successfully blocked a bill Tuesday that would have approved construction of the Keystone XL pipeline. The controversial measure fell one vote shy of overcoming a filibuster, with 59 senators supporting it and 41 opposing. The vote followed the bill’s approval in the House by a much wider margin, with 252 lawmakers voting to advance the pipeline.

The vote largely fell along party lines. All Senate Republicans supported construction of the pipeline but they were joined by 14 Democrats, including three of the four Democrat incumbents who lost their re-election bids earlier this month. For Sen. Mary Landrieu (D-La.), the bill’s main sponsor, the vote was considered an important test of her effectiveness in advance of a Dec. 6 runoff that will determine whether she keeps her seat. In the House, 31 Democrats crossed the aisle to side with the Republican majority.

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Construction of the pipeline has been decried by environmental groups and championed by heavyweights in the oil and gas industry. Both of these interests are no strangers to money in politics. The oil and gas industry has long been a generous donor to federal candidates and committees — and increased its donations in 2014 over 2010. In the environmental community, where the League of Conservation Voters has long been the lead player on this front, environmental activist Tom Steyer is 2014′s top overall donor.

Oil and Gas

The 59 senators who voted for the pipeline have received, on average, significantly more money from the oil and gas industry than those who voted against construction. Over the course of their careers, those 59 took in over $33 million in campaign donations from the industry, compared to the approximately $4.2 million received by the 41 who successfully blocked the bill’s approval. On average, those voting for Keystone have received $572,000 from oil and gas interests, compared with just $103,900 for those voting against it.

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Among the Democrats, the 39 “nay” votes received $4.2 million from oil and gas, while the 14 who voted with the Republicans received just under $4 million. On average, those voting no received about $108,000, while the Democratic supporters — who disproportionately represent states with strong oil and gas industry presence – received more than twice as much, about $284,000.

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But the amount taken in by Democratic Keystone supporters pales in comparison to that received by Republicans, who received $662,000, on average, from oil and gas interests. The 11 Republicans who will be joining the Senate in January have taken in $370,000 on average (likely an artificially small amount since most of these Republicans have had much shorter time periods in which to accrue this money).

In the House, the picture is even more stark. Keystone supporters have garnered $56.2 million from the oil and gas industry over the course of their careers, compared to the $5.2 million that opponents have brought in. On average, a “yea” vote took in around $223,000 over the course of his or her career, while a “nay” vote took in a paltry $32,200. For just the 31 Democrats voting in favor, the average oil and gas tally was $115,349 — slightly less than the Republicans were able to bring in, but much more than the Keystone opponents.

Environment

The environmental community has historically given much less to federal candidates than oil and gas interests have. One reason the tally is lower: We have no way of knowing which donors consider themselves environmentalists. We classify contributions according to donors’ employers, and far more donors work for oil and gas companies than work for environmental groups.

(Spending by the Tom Steyer-funded NextGen Climate Action super PAC, as well as that of other super PACs, is not reflected in these totals, which include only contributions directly to candidates.)

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Environmental money largely followed the same pattern that oil and gas money took, but in reverse — Senate Republicans received far less than Senate Democrats (on average just under $11,000 compared to an average of $141,000 for Democrats). Among Democrats, those who voted to build the pipeline received less than those who voted not to: just over $98,000 on average, compared to the $183,000 that Democrats who wanted to deep-six the project raised.

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Similarly, in the House Republicans received far less than Democrats overall, but Keystone-supporting Democrats took in less from environmental groups and their employees than Keystone opponents. Keystone opponents received $6.2 million over the course of their careers, while Keystone proponents were only able to bring in $1.1 million, despite there being many more of them. On average, Keystone’s GOP supporters took in $2,932 from environmental interests while its Democratic cheerleaders brought in $14,196. Keystone opponents, all of them Democrats, took in $38,642 — more than twice as much as their nay-voting Democratic counterparts.

What does it mean?

It probably comes as no surprise that opponents of the pipeline — all Democrats — were more likely to be supported by environmental interests and that proponents were more likely to take in large sums from the oil and gas industry. Those Democrats who crossed party lines are a more interesting story: Although they more closely resemble their Democratic colleagues, they are far less likely to have received significant sums from environmental donors, but have received more from the oil and gas industry than those who voted against Keystone.

They are also less likely to be returning. Of the 14 Senate Democrats who sided with Republicans, four will be departing and many pollsters are speculating that Landrieu will not win her runoff. If she does not return, 65 percent of the Keystone-supporting Democrats will be members of the 114th Congress. Among the 39 Keystone opponents, however, five will not be returning — a yield of 87%. All of those five except for Sen. Carl Levin (D-Mich.) will be replaced by Republicans.

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Though the 114th Congress will have more GOP senators, they will have, on average, received less from the oil and gas industry over the course of their careers than the Republicans currently in the Senate, but the difference is slight and probably explained by the incoming lawmakers having had shorter congressional careers than the senators they are replacing.  However, incoming Democratic senators will have received much less, on average, than the current Democratic class: A Democrat in the 114th Congress will have received $100,000 from the oil and gas industry, while a Democrat in the current Congress has received more $155,000.  It looks, therefore, like upcoming Congress’ Senate Democrats will not only be fewer in number, but will have a weaker connection to the oil and gas industry.

For the full data set showing how each member of the Senate voted and how much they received from oil and gas or environment, click here.

All numbers in this story reflect career (back to 1989 at the earliest) totals to members of Congress and are based on data collected from the Federal Election Commission on 11/17/2014. Only itemized contributions of greater than $200 are included in the industry totals.

 

Hey Obama, the VA is Still Broken

Congress, do your job on VA scandal

The Obama administration wants to be clear: they’re very, very angry over the dysfunctional state of the U.S. Department of Veterans Affairs (VA), where reports of falsified wait lists and delayed care at VA medical centers are growing into a national scandal for the executive branch.

Specifically, administration officials say they’re “mad as hell.” That’s how VA Secretary Eric Shinseki described his response to the scandal in testimony to the Senate Veterans Affairs Committee last week.

 On Sunday, the White House chief of staff told CBS’s “Face the Nation” that President Obama, not to be outdone, is “madder than hell” about the VA’s failures.

Of course, what’s lost in this contrived and cynical display of outrage from the president and his VA secretary is the fact that they’re the ones responsible for the agency’s performance. If the VA isn’t working, they should be working to fix it—not telling us how angry it makes them, like a pair of passive observers to the scene.

If anyone should be “madder than hell” right now, it’s the veterans and their families who are suffering from VA’s poor service and performance.

We also now know that these problems were raised with the administration during the presidential transition in 2008.  The president and Sec. Shinseki knew about the problems then – red tape, wait times, uneven care – and yet did not fix the problems.  Instead, together they made the problem worse; exploding the VA budget without demanding commensurate improvements in performance.

We’re beyond the point when expressing outrage, or long drawn-out investigations, at VA can be considered a constructive response. We know what the problems are; it’s time for action.

This week, members of Congress will have an opportunity to set the department on the right course, by voting for the VA Management Accountability Act of 2014 (H.R. 4031). They should waste no time in passing this necessary reform.

The bill’s aim is simple — to restore accountability to a department where the leadership and bureaucracy have come to show an alarming indifference to their mission of timely and quality service to veterans. By empowering the VA secretary to fire and replace those executives who fail to perform, the VA Management Accountability Act is an important step toward righting the ship. Right now it’s nearly impossible to fire bad managers at VA, and therefore nearly impossible to hold leaders accountable.

It’s difficult to overstate the seriousness of the problems at VA.

In recent weeks, we’ve learned that officials at various VA medical facilities around the nation have been falsifying patient wait lists, essentially “cooking the books” to make it appear that veterans are receiving timely care. In reality, patients were waiting months for appointments—and in many cases, dying while waiting on “secret lists.”

In Phoenix, where the scandal broke, the retired VA doctor who blew the whistle on the fraud estimates perhaps 40 veterans died while waiting for care on the secret wait list. An investigation is in progress, and criminal charges for VA officials involved in the alleged fraud are a real possibility. Regardless of criminal charges and investigations—both of which should happen—we know this: the system is infected and needs systemic reform.

It’s against this backdrop that the need for stronger accountability controls at VA has become clear. While the department has suffered a string of scandals and performance failures, the current leadership has taken no steps to shake up the leadership team and force change. (The ritual sacrifice on May 16 of Dr. Robert Petzel, VA undersecretary for health care, was a sham—Petzel had already announced he was planning to retire in a few months.)

Greater accountability will serve as a spur to improved performance at VA. The department suffers from a “widespread and systemic lack of accountability,” Rep. Jeff Miller, said when he introduced H.R. 4031 in February. But he also noted that the department has many able and professional employees, who would benefit from stronger accountability controls to weed out poor performers.

“While the vast majority of VA’s more than 300,000 employees and executives are dedicated and hard-working,” Miller said, “the department’s well-documented reluctance to ensure its leaders are held accountable for mistakes is tarnishing the reputation of the organization and may actually be encouraging more veteran suffering instead of preventing it.”

The bill now has significant bipartisan support in the House of Representatives, with 118 members signed on as co-sponsors. That’s a good start, and other members of Congress should now join in supporting the bill’s passage. It’s time.

If anyone deserves to be “madder than hell” right now, it’s the veterans and their families who are suffering from VA’s poor service and performance. In the absence of leadership from the executive branch, it’s put up or shut up time for Congress. It’s time to do right by our veterans by restoring accountability to VA.

Pete Hegseth is a Fox News contributor. He is the CEO of Concerned Veterans for America and the former executive director of Vets for Freedom. He is an infantry officer in the Army National Guard and has served tours in Afghanistan and Iraq and at Guantanamo Bay. Learn more at: www.concernedveteransforamerica.org.

WASHINGTON — More than 600,000 veterans — 10% of all the Veterans Affairs patients — continue to wait a month or more for appointments at VA hospitals and clinics, according to data obtained by USA TODAY.

The VA has made some progress in dealing with the backlog of cases that forced former secretary Eric Shinseki to retire early this year. For instance, the VA substantially cut the overall number of worst-case scenarios for veterans — those who had waited more than four months for an appointment. That figure dropped from 120,000 in May to 23,000 in October. Much of that improvement occurred because patients received care from private providers.

Since May, the VA has been reduced the number of veterans waiting longest for care — its top priority — by 57%, according to James Hutton, a VA spokesman. From June to September, the VA completed 19 million appointments, an increase of 1.2 million compared with the same time last year.

“VA’s goal continues to be to provide timely, high-quality healthcare for veterans,” Hutton said in a statement. “Veterans and VA employees nationwide understand the need for reform, and VA is committed to putting these reforms into place. And while we have significantly improved capacity and access to care, we have not yet achieved our intended state — systemic and timely access across the board. It will be an ongoing and significant effort to reach our goals.”

To recruit more health care providers, VA Secretary Robert McDonald has proposed pay hikes for VA doctors and dentists, Hutton said. McDonald announced a restructuring of the VA on Nov. 10.

The new data show that dozens of hospitals and clinics leave a quarter or more of all their patients waiting 30 days or more for an appointment.

• Some facilities still have extremely long wait times for basic care, including 64 that have average wait times over 60 days for new patients seeking primary care. They include major facilities, such as hospitals in Baltimore; Jacksonville, Fla.; Temple, Texas, and Atlanta. All have at least 30,000 pending appointments.?

In Jacksonville, the average new patient is left waiting 77 days, a fact that previously obscured in the VA’s data because it was averaged into the much-better performance of the nearby Gainesville hospital. Jacksonville only sees two-thirds of its patients within 30 days, the worst rate of any major facility in the VA system.

The VA is hiring more staff to deal with those delays, Hutton said.

• Ten facilities reported waits of more than three months for a new patient to see a specialist. At the top of the list: the Westmoreland, Pa., clinic, where patients are waiting 174 days — nearly six months — for a specialty appointment.

Thirty-three facilities have kept new patients seeking a mental-health appointments waiting for at least two months. Among those are large hospitals in Martinsburg, W.Va., Amarillo, Texas, and Tuskegee, Ala. And 10 clinics and hospitals kept established patients waiting at least three weeks longer than the patients wanted for mental health appointments.

• Some small locations have big waiting times, too. The Wagner, S.D., clinic near the Nebraska state line, has only 155 total appointments of any type pending — and its new patient wait time is 153 days.

The data looks at nearly 6 million appointments until Oct. 1 and scheduled through Veterans Health Administration.

Members of Congress continue to express dissatisfaction with the delays in disciplining VA employees involved in covering up the long wait times.

“The events of the last year have proven that far too many senior VA leaders have lied, manipulated data, or simply failed to do the job for which they were hired,” said Rep. Jeff Miller, a Florida Republican and chairman of House Veterans’ Affairs Committee, during a hearing Thursday. “It is also clear that VA’s attempt to instill accountability for these leaders has been both nearly non-existent and rife with self-inflicted roadblocks to real reform.”

Al Not So Sharpton

Look skyward, pigs fly.

1. This comes from the very liberal New York Times.

2. He has unfettered access to the White House.

3. He had a say in the nomination of Loretta Lynch replacing AG Eric Holder.

4. Holder and Jarrett are huge supporters of his organization.

5. If was anyone else, they would be in jail already.

6. He was an FBI snitch on the mob.

Questions About Sharpton’s Finances Accompany His Rise in Influence

The Rev. Al Sharpton, who came to prominence as an imposing figure in a track suit, shouting indignantly at the powerful, stood quietly on a stage last month at the Four Seasons restaurant, his now slender frame wrapped in a finely tailored suit, as men in power lined up to exclaim their admiration for him.

Mayor Bill de Blasio and Gov. Andrew M. Cuomo hailed him as a civil rights icon. President Obama sent an aide to read a message commending Mr. Sharpton’s “dedication to the righteous cause of perfecting our union.” Major corporations sponsored the lavish affair.

It was billed as a “party for a cause,” in honor of Mr. Sharpton’s 60th birthday. But more than a birthday celebration, or a fund-raiser for his nonprofit advocacy group National Action Network, the event in Manhattan seemed to mark the completion of Mr. Sharpton’s decades of transition from consummate outsider to improbable insider.

“I’ve been able to reach from the streets to the suites,” he said that night.

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President Obama and Mr. Sharpton, the founder and president of the National Action Network, at the organization’s national convention in April.

Credit Pool photo by Julia Xanthos

Indeed, Mr. Sharpton’s influence and visibility have reached new heights this year, fueled by his close relationships with the mayor and the president.

Obscured in his ascent, however, has been his troubling financial past, which continues to shadow his present.

Mr. Sharpton has regularly sidestepped the sorts of obligations most people see as inevitable, like taxes, rent and other bills. Records reviewed by The New York Times show more than $4.5 million in current state and federal tax liens against him and his for-profit businesses. And though he said in recent interviews that he was paying both down, his balance with the state, at least, has actually grown in recent years. His National Action Network appears to have been sustained for years by not paying federal payroll taxes on its employees.

With the tax liability outstanding, Mr. Sharpton traveled first class and collected a sizable salary, the kind of practice by nonprofit groups that the United States Treasury’s inspector general for tax administration recently characterized as “abusive,” or “potentially criminal” if the failure to turn over or collect taxes is willful.

Mr. Sharpton and the National Action Network have repeatedly failed to pay travel agencies, hotels and landlords. He has leaned on the generosity of friends and sometimes even the organization, intermingling its finances with his own to cover his daughters’ private school tuition.

He has been in the news as much as ever this year, becoming a prominent advocate on behalf of the families of Eric Garner, a Staten Island man who died in police custody, and Michael Brown, the unarmed black teenager who was killed by a white police officer in Ferguson, Mo. He also has a daily platform through his show on MSNBC.

Behind the scenes, he has consulted with the mayor and the president on matters of race and civil rights and even the occasional high-level appointment. He was among a small group at the White House when Mr. Obama announced his nomination of Loretta E. Lynch, the United States attorney for the Eastern District of New York, to become the next attorney general.

Mr. Sharpton’s newly found insider status represents a potential financial boon for him, furnishing him with new credibility and a surge in donations. His politician-heavy birthday party, at one of New York City’s most expensive restaurants, was billed as a fund-raiser to help his organization. Mr. Obama also spoke at the organization’s convention in April, its primary fund-raising event.

But the recent troubles of Rachel Noerdlinger, Mr. Sharpton’s closest aide for many years and more recently a top official in the de Blasio administration, served as a reminder of Mr. Sharpton’s fraught history and how easily it can spill over into the corridors of power in which he now travels.

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Mayor Bill de Blasio; the first lady, Chirlane McCray; Rachel Noerdlinger; and Mr. Sharpton at his National Action Network House of Justice in Harlem on Jan. 20 for the announcement of Ms.  Noerdlinger’s appointment as Ms. McCray’s chief of staff. Credit Rob Bennett/Office of the Mayor

Ms. Noerdlinger took a leave of absence from her post on Monday, after the arrest of her teenage son on trespassing charges. The decision capped weeks of scrutiny after news accounts revealed that she had failed to disclose a live-in boyfriend with an extensive criminal record on a background questionnaire when she became the top adviser to Mr. de Blasio’s wife, Chirlane McCray. The omission was unrelated to Mr. Sharpton, but it is the kind of paperwork oversight that has been a trademark of his nonprofit, where Ms. Noerdlinger built her career.

Mr. Sharpton acknowledged his financial troubles in recent telephone interviews. He said all of the debts were being paid, thanks to vastly increased revenues from donors. And he pointed out that he had lent the organization money himself, while at times not taking a salary.

“You can say I’m not a great administrator,” he said. “You can’t say that I’m not committed.”

Often Strident Language

Mr. Sharpton got his start preaching in Brooklyn churches at age 4. As a young man, he worked at the side of the soul singer James Brown, where he met a backup singer, Kathy, who would become his wife. By the 1980s, however, he was becoming increasingly involved in fiery activism on behalf of black people hurt by the police or members of other racial groups, sometimes making outlandish accusations. He accused an upstate New York prosecutor, Steven A. Pagones, of being part of a group of white men whom he said had abducted and raped the teenager Tawana Brawley, an allegation that a grand jury report showed had been fabricated.

He often used strident language that many saw as inflaming racial tensions. During rallies at the Slave Theater in Brooklyn, he characterized black people who disagreed with him as “yellow niggers” and called white people “crackers.” After a car in a prominent Hasidic rabbi’s motorcade jumped a curb in the Crown Heights section of Brooklyn and killed a 7-year-old black boy in 1991, Mr. Sharpton referred to the neighborhood’s Hasidic Jews as “diamond merchants.” In 1995, he referred to a Harlem businessman who wanted to expand his store into a space that had been occupied by black-owned business as a “white interloper.”

Problems keeping his personal and professional affairs in order have threatened Mr. Sharpton’s rise from the streets for decades.

In 1990, he was acquitted of felony charges that he stole $250,000 from his youth group. Then in 1993 he pleaded guilty to a misdemeanor for failing to file a state income tax return. Later, the authorities discovered that one of Mr. Sharpton’s for-profit companies, Raw Talent, which he used as a repository for money from speaking engagements, was also not paying taxes, a failure that continued for years.

In 1998, Mr. Sharpton lost a defamation suit brought by Mr. Pagones and was ordered to pay a judgment of $65,000. He said he did not have enough money to pay all at once, and after years of a slow trickle of money from wage garnishments, Mr. Sharpton was forced to testify under oath about his finances.

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Mr. Sharpton helped lead a march from Far Rockaway to Broad Channel, Queens, in 1998 to protest a racially offensive float at a Labor Day parade. Credit Edward Keating/The New York Times

He said he had no assets, save for a watch and a ring. Everything else, including some of his suits, was owned by a for-profit business, Revals Communications, he said. He testified that he put nearly all of his $73,000 in take-home pay from the National Action Network into Revals, which in turn paid many of his expenses, including his daughters’ private school tuition and some of the rent on his house. Even though state law prohibits nonprofits from making loans to officers, Mr. Sharpton said National Action Network had also once lent him money to cover his daughters’ tuition.

During the deposition, Mr. Sharpton coyly suggested he was not really sure who owned the Brooklyn house where he lived with his wife and two daughters.

“Well, I haven’t checked the deed,” he said.

In fact, Mr. Sharpton knew his landlord, Bishop E. Bernard Jordan, quite well.

Mr. Sharpton had performed the wedding ceremony of Mr. Jordan’s daughter at Zoe Ministries, the Upper West Side church where Mr. Jordan is the pastor. Mr. Jordan, who makes millions of dollars a year offering “prophecies” that predict the futures of his followers, and his wife, Debra, had been among only three couples to give the maximum allowable amount to Mr. Sharpton’s 1997 mayoral campaign, records show.

It also appears from property records that Mr. Sharpton got a deal on the six-bedroom house, which he said at the time he wanted in order to dispel questions of his residency in the city before starting his mayoral campaign. He testified that he paid $1,500 a month. He moved there from a two-bedroom apartment in Englewood, N.J., where years earlier he had been paying the same amount, according to court records.

But he still insisted he could not pay off the Pagones judgment. In 2001, friends paid it for him.

With the National Action Network’s finances always tenuous, that year it quietly paid $70,000 toward the judgment against one of Mr. Sharpton’s co-defendants in the case, Alton H. Maddox Jr., a lawyer who was suspended for refusing to cooperate with a grievance committee investigating his conduct in the Brawley case. Mr. Sharpton acknowledged the payment in an interview last week, saying the nonprofit’s board had supported the idea that Ms. Brawley deserved to be represented. Tax lawyers told The Times that because the payment benefited just one person, it could have led the Internal Revenue Service to revoke the group’s nonprofit status.

A Move Into the Mainstream

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The house at 1902 Ditmas Avenue that Mr. Sharpton rented from E. Bernard Johnson in the 1990s.

Credit Chester Higgins Jr./The New York Times

Even with his recurring legal problems, Mr. Sharpton was by then already evolving into more of a mainstream figure. He had expressed regret for some of his past incendiary comments and surprised many with his performances in the 1992 and 1994 United States Senate races and his 1997 mayoral campaign. Mr. Sharpton received national exposure with his adroit performance in the debates among the Democratic candidates for president in the 2004 race.

But the messiness of his financial affairs continued to lurk in the background.

With Mr. Sharpton focused on the 2004 presidential race, National Action Network’s finances were reaching crisis levels, tax documents and other public records show. The group’s revenues totaled just over $1 million in 2004, about half of what they had been two years earlier. Nevertheless, it picked up expenses from Mr. Sharpton’s presidential bid: $181,115 in consulting and other costs that should have been charged to his campaign, the Federal Election Commission later found. The group also faced court judgments for several hundred thousand dollars in unpaid office rent and hotel bills.

To stay afloat, the nonprofit became reliant on money that was supposed to go to payroll taxes, according to its financial statements. The amount National Action Network underpaid the federal government in taxes went from about $900,000 in 2003 to almost $1.9 million by 2006, records show. Mr. Sharpton, making more money from a new radio contract, tried to help by forgoing a salary from 2006 through 2008 and giving the organization a $200,000 no-interest loan.

In financial statements for 2007 and 2008, the group’s accountant noted that the organization’s “existence has been dependent upon” loans from Mr. Sharpton and “the nonpayment of payroll tax obligations.”

“These circumstances create substantial doubt about the organization’s ability to continue as a going concern,” the accountant wrote.

In 2009, when the group still owed $1.1 million in overdue payroll taxes, Mr. Sharpton began collecting a salary of $250,000 from National Action Network. The recent Treasury report that called that sort of practice abusive also said only 1,200 organizations in the nation owed more than $100,000 in unpaid payroll taxes, which would put Mr. Sharpton’s group among the most delinquent nonprofit organizations in the nation.

Mr. Sharpton denied in a recent interview that the payroll tax shortfall was intentional. Contradicting the statements by the group’s accountants that this was how the organization was surviving, he said the underpayment stemmed from disagreements over how to classify certain workers, after the I.R.S. began investigating the group in late 2007. The agency demanded that some people who were working as independent contractors be treated as employees, he said, so the organization needed to retroactively turn over their payroll taxes.

“It cost us a lot to go through the investigation,” Mr. Sharpton said. “If we didn’t have the legal fees, we could have paid all the taxes.”

Continue reading the main story Video

Play Video|1:29

At a protest rally on Staten Island in August, a besuited and slimmed-down Rev. Al Sharpton looked back over his career in political activism, spanning more than a quarter of a century.

Video by Stephen Farrell on Publish Date November 18, 2014.

Sued by His Landlord

On the personal front, Mr. Sharpton separated from his wife, Kathy, in 2004 and moved to an apartment in Manhattan. She stayed in the Brooklyn house owned by the Jordans. Once again, even though the landlord was a friend, problems arose paying the rent.

In 2006, the Jordans sued the Sharptons for $56,000 in Brooklyn Housing Court. They did so again in 2007 for $42,000. The outcome of the suits is not clear. Mr. Jordan and his lawyer did not return calls for comment.

There were apparently no hard feelings. The two men have helped each other in numerous public appearances and explored a partnership in a multilevel marketing company.

Today, Mr. Sharpton still faces personal federal tax liens of more than $3 million, and state tax liens of $777,657, according to records. Raw Talent and Revals Communications owe another $717,329 on state and federal tax liens.

Mr. Sharpton said the federal liens resulted from a demand by the I.R.S. that he pay taxes on earnings from speaking engagements that he had turned over to National Action Network. He said he was up to date on payment plans for both the federal and state liens, so, he said, the outstanding balance was much lower than records showed.

But according to state officials, his balance on the state liens is actually $220,000 greater now than when they were first filed during the years 2008 through 2010. A spokesman for the State Department of Taxation and Finance said state law did not allow him to provide any further details.

An I.R.S. spokesman said federal law prohibited the agency from providing any information about individual taxpayers.

National Action Network’s revenue has increased sharply, to more than $4 million in both 2011 and 2012, the year of the group’s most recent tax filing.

Much of that revenue appears to be from large corporate sponsors. A person who handled solicitations at a company that has supported the group said National Action Network often requested $50,000 or $100,000 to sponsor events.

Mr. Sharpton said his birthday party grossed about $1 million, enough that he expected to be able to clear up the organization’s tax debts, removing a cloud that has long hung over the group and himself.

“I think it shows we were able to continue to fund-raise, despite it being challenging,” he said. “We were able to turn it around.”

House Suing Obama? YES, Really

Earlier this year, Speaker of the House, John Boehner called the White House, got Barack Obama on the phone and told him he was suing him. Obama’s reply was, ‘You’re suing me?’.

Now the explanation of how this lawsuit is coming to pass.

More than once, the Solicitor General in the Obama administration has represented cases before the Supreme Court. The most contested case(s) have been those relating to the Affordable Care Act and this is the case that John Boehner is using to sue Barack Obama.

A few facts:

Obama has signed several executive orders that either amend, annex, suspend, alter or edit the Affordable Care Act. When the Solicitor General argues a case on behalf of the government at the behest of Barack Obama, the president and his pen cannot have it both ways with both sides of the law.

The House has passed several laws to stop the most damaging and destructive law in the history of America, the Affordable Care Act. But all the bills regarding the ACA passed by the House have been stuffed and ignored on Harry Reid’s desk, the Senate Majority Leader.

So, Boehner led the House to approve a bill that would represent the House only in a law suit against Barack Obama. Now we need to know what is next. Is this lawsuit moving forward? YES   Boehner has hired a lawyer to move forward on the lawsuit and if you have paid attention, you know his own politics are quite secondary to defending the Constitution, law and the process. His name is Turley.

Turley has even gone to far as to say Barack Obama’s action on amnesty is also a threat to the Constitutional powers of the president.

We have an honest broker and a real defender of the rule of law and a protector of the Constitution.

TURLEY AGREES TO SERVE AS LEAD COUNSEL FOR HOUSE OF REPRESENTATIVES IN CONSTITUTIONAL CHALLENGE

As many on this blog are aware, I have previously testified, written, and litigated in opposition to the rise of executive power and the countervailing decline in congressional power in our tripartite system. I have also spent years encouraging Congress, under both Democratic and Republican presidents, to more actively defend its authority, including seeking judicial review in separation of powers conflicts. For that reason, it may come as little surprise this morning that I have agreed to represent the United States House of Representatives in its challenge of unilateral, unconstitutional actions taken by the Obama Administration with respect to implementation of the Affordable Care Act (ACA). It is an honor to represent the institution in this historic lawsuit and to work with the talented staff of the House General Counsel’s Office. As in the past, this posting is meant to be transparent about my representation as well as my need to be circumspect about my comments in the future on related stories.

On July 30, 2014, the House of Representatives adopted, by a vote of 225-201, H. Res. 676, which provided that

the Speaker is authorized to initiate or intervene in one or more civil actions on behalf of the House of Representatives in a Federal court of competent jurisdiction to seek any appropriate relief regarding the failure of the President, the head of any department or agency, or any other officer or employee of the executive branch, to act in a manner consistent with that official’s duties under the Constitution and laws of the United States with respect to implementation of any provision of the Patient Protection and Affordable Care Act, title I or subtitle B of title II of the Health Care and Education Reconciliation Act of 2010, including any amendment made by such provision, or any other related provision of law, including a failure to implement any such provision.

I have previously testified that I believe that judicial review is needed to rebalance the powers of the branches in our system after years of erosion of legislative authority. Clearly, some take the view of a fiat accompli in this fundamental change in our constitutional system. This resignation over the dominance of the Executive Branch is the subject of much of my recent academic writings, including two forthcoming works. For that reason, to quote the movie Jerry Maguire, the House “had me at hello” in seeking a ruling to reinforce the line of authority between the branches.

As many on this blog know, I support national health care and voted for President Obama in his first presidential campaign. However, as I have often stressed before Congress, in the Madisonian system it is as important how you do something as what you do. And, the Executive is barred from usurping the Legislative Branch’s Article I powers, no matter how politically attractive or expedient it is to do so. Unilateral, unchecked Executive action is precisely the danger that the Framers sought to avoid in our constitutional system. This case represents a long-overdue effort by Congress to resolve fundamental Separation of Powers issues. In that sense, it has more to do with constitutional law than health care law. Without judicial review of unconstitutional actions by the Executive, the trend toward a dominant presidential model of government will continue in this country in direct conflict with the original design and guarantees of our Constitution. Our constitutional system as a whole (as well as our political system) would benefit greatly by courts reinforcing the lines of separation between the respective branches.

After I testified earlier on this lawsuit, I was asked by some House Members and reporters if I would represent the House and I stated that I could not. That position had nothing to do with the merits of such a lawsuit. At that time, in addition to my other litigation obligations, I had a national security case going to trial and another trial case in Utah. Recently, we prevailed in both of those cases. Subsequently, the House General Counsel’s Office contacted me about potentially representing House. With the two recent successes, I was able to take on the representation.

It is a great honor to represent the House of Representatives. We are prepared to litigate this matter as far as necessary. The question presented by this lawsuit is whether we will live in a system of shared and equal powers, as required by our Constitution, or whether we will continue to see the rise of a dominant Executive with sweeping unilateral powers. That is a question worthy of review and resolution in our federal courts.

Jonathan Turley

 

 

Amnesty, How Many Lawyers Does it Take?

Nothing happens in Washington DC without several conversations with lawyers. That is actually easy as there are lawyers all over DC and just about every powerbroker in the Obama administration is a lawyer. But these lawyers twist the law, find means to blur the spirit of the law, seek methods not to enforce the law and most of all use nefarious reasons on discretion of the law when it comes to enforcement.

So we have immigration. We have promises to illegals. We have refugees to deal with. We have amnesty. Honestly, none of this is necessary at all if DACA had never occurred and deportation and adherence to immigration law was enforced.

Once the 9-11 Commission Report was published, there was a serious chapter in that report on adherence to law with regard to immigration. Every lawmaker swore to compliance and actions of the reports recommendations for the single sake of national security. Today, that is all forgotten. There are countless reasons for this agenda and now we have to look at the Office for Legal Council and Eric Holder. Holder has likely learned to not put anything in writing given his past obfuscations and lies.

Be sure to read the comments to this article at the bottom.

The Missing Immigration Memo

Has Obama asked the Office of Legal Counsel for its legal opinion?

If the White House press corps wants to keep government honest, here’s a question to ask as President Obama prepares to legalize millions of undocumented immigrants by executive order: Has he sought, and does he have, any written legal justification from the Attorney General and the Justice Department’s Office of Legal Counsel (OLC) for his actions?

This would be standard operating procedure in any normal Presidency. Attorney General Eric Holder is the executive branch’s chief legal officer, and Administrations of both parties typically ask OLC for advice on the parameters of presidential legal authority.

The Obama Administration has asked OLC for its legal opinions on such controversial national security questions as drone strikes and targeting U.S. citizens abroad. It was right do so even though the Constitution gives Presidents enormous authority on war powers and foreign policy.

But a Justice-OLC opinion is all the more necessary on domestic issues because the President’s authority is far more limited. He is obliged to execute the laws that Congress writes. A President should always seek legal justification for controversial actions to ensure that he is on solid constitutional ground as well as to inspire public confidence in government.

Yet as far as we have seen, Mr. Obama sought no such legal justification in 2012 when he legalized hundreds of thousands of immigrants who were brought to the U.S. illegally as children. The only document we’ve found in justification is a letter from the Secretary of Homeland Security at the time, Janet Napolitano, to law enforcement agencies citing “the exercise of our prosecutorial discretion.” Judging by recent White House leaks, that same flimsy argument will be the basis for legalizing millions more adults.

It’s possible Messrs. Obama and Holder haven’t sought an immigration opinion because they suspect there’s little chance that even a pliant Office of Legal Counsel could find a legal justification. Prosecutorial discretion is a vital legal concept, but it is supposed to be exercised in individual cases, not to justify a refusal to follow the law against entire classes of people.

White House leakers are also whispering as a legal excuse that Congress has provided money to deport only 400,000 illegal migrants a year. But a President cannot use lack of funds to justify a wholesale refusal to enforce a statute. There is never enough money to enforce every federal law at any given time, and lack of funds could by used in the future by any President to refuse to enforce any statute. Imagine a Republican President who decided not to enforce the Clean Air Act.

We support more liberal immigration but not Mr. Obama’s means of doing it on his own whim because he’s tired of working with Congress. His first obligation is to follow the law, which begins by asking the opinion of the government’s own lawyers.