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.

Photo

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.

Photo

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.

Photo

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

Photo

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.”

Letters Between Sharon and GW Bush

It is ten years later and still there is no peace for Israel. Why you ask? The Palestinians don’t want peace. Money flows in to the Palestinian Authority leadership, making them very wealthy. It is a very pricey cottage industry that has lasted decades. So going back ten years in a letter exchange would be a good lesson to understand how in earnest and full commitment Israel has worked to find peace while the Palestinians, Hamas and even Turkey continue hostilities on all fronts.

Exchange of letters between PM Sharon and President Bush

14 Apr 2004

MFASummaryNew

During their meeting in Washington, Prime Minister Ariel Sharon and US President George Bush exchanged letters aimed at achieving a settlement between Israel and the Palestinians in the context of the Roadmap and the prime minister’s Disengagement Plan.

Letter from Prime Minister Ariel Sharon  to US President George W. Bush

The Honorable George W. Bush
President of the United States of America
The White House
Washington, D.C.

Dear Mr. President,

The vision that you articulated in your 24 June 2002 address constitutes one of the most significant contributions toward ensuring a bright future for the Middle East. Accordingly, the State of Israel has accepted the Roadmap, as adopted by our government. For the first time, a practical and just formula was presented for the achievement of peace, opening a genuine window of opportunity for progress toward a settlement between Israel and the Palestinians, involving two states living side-by-side in peace and security.

This formula sets forth the correct sequence and principles for the attainment of peace. Its full implementation represents the sole means to make genuine progress. As you have stated, a Palestinian state will never be created by terror, and Palestinians must engage in a sustained fight against the terrorists and dismantle their infrastructure. Moreover, there must be serious efforts to institute true reform and real democracy and liberty, including new leaders not compromised by terror. We are committed to this formula as the only avenue through which an agreement can be reached. We believe that this formula is the only viable one.

The Palestinian Authority under its current leadership has taken no action to meet its responsibilities under the Roadmap. Terror has not ceased, reform of the Palestinian security services has not been undertaken, and real institutional reforms have not taken place. The State of Israel continues to pay the heavy cost of constant terror. Israel must preserve its capability to protect itself and deter its enemies, and we thus retain our right to defend ourselves against terrorism and to take actions against terrorist organizations.

Having reached the conclusion that, for the time being, there exists no Palestinian partner with whom to advance peacefully toward a settlement and since the current impasse is unhelpful to the achievement of our shared goals, I have decided to initiate a process of gradual disengagement with the hope of reducing friction between Israelis and Palestinians. The Disengagement Plan is designed to improve security for Israel and stabilize our political and economic situation. It will enable us to deploy our forces more effectively until such time that conditions in the Palestinian Authority allow for the full implementation of the Roadmap to resume.

I attach, for your review, the main principles of the Disengagement Plan. This initiative, which we are not undertaking under the roadmap, represents an independent Israeli plan, yet is not inconsistent with the roadmap. According to this plan, the State of Israel intends to relocate military installations and all Israeli villages and towns in the Gaza Strip, as well as other military installations and a small number of villages in Samaria.

In this context, we also plan to accelerate construction of the Security Fence, whose completion is essential in order to ensure the security of the citizens of Israel. The fence is a security rather than political barrier, temporary rather than permanent, and therefore will not prejudice any final status issues including final borders. The route of the Fence, as approved by our Government’s decisions, will take into account, consistent with security needs, its impact on Palestinians not engaged in terrorist activities.

Upon my return from Washington, I expect to submit this Plan for the approval of the Cabinet and the Knesset, and I firmly believe that it will win such approval.

The Disengagement Plan will create a new and better reality for the State of Israel, enhance its security and economy, and strengthen the fortitude of its people. In this context, I believe it is important to bring new opportunities to the Negev and the Galilee. Additionally, the Plan will entail a series of measures with the inherent potential to improve the lot of the Palestinian Authority, providing that it demonstrates the wisdom to take advantage of this opportunity. The execution of the Disengagement Plan holds the prospect of stimulating positive changes within the Palestinian Authority that might create the necessary conditions for the resumption of direct negotiations.

We view the achievement of a settlement between Israel and the Palestinians as our central focus and are committed to realizing this objective. Progress toward this goal must be anchored exclusively in the Roadmap and we will oppose any other plan.

In this regard, we are fully aware of the responsibilities facing the State of Israel. These include limitations on the growth of settlements; removal of unauthorized outposts; and steps to increase, to the extent permitted by security needs, freedom of movement for Palestinians not engaged in terrorism. Under separate cover we are sending to you a full description of the steps the State of Israel is taking to meet all its responsibilities.

The government of Israel supports the United States efforts to reform the Palestinian security services to meet their roadmap obligations to fight terror. Israel also supports the American’s efforts, working with the International Community, to promote the reform process, build institutions and improve the economy of the Palestinian Authority and to enhance the welfare of its people, in the hope that a new Palestinian leadership will prove able to fulfill its obligations under the roadmap.

I want to again express my appreciation for your courageous leadership in the war against global terror, your important initiative to revitalize the Middle East as a more fitting home for its people and, primarily, your personal friendship and profound support for the State of Israel.

Sincerely,

Ariel Sharon

 

Letter from US President George W. Bush to Prime Minister Ariel Sharon

His Excellency
Ariel Sharon
Prime Minister of Israel

Dear Mr. Prime Minister,

Thank you for your letter setting out your disengagement plan.

The United States remains hopeful and determined to find a way forward toward a resolution of the Israeli-Palestinian dispute. I remain committed to my June 24, 2002 vision of two states living side by side in peace and security as the key to peace, and to the roadmap as the route to get there.

We welcome the disengagement plan you have prepared, under which Israel would withdraw certain military installations and all settlements from Gaza, and withdraw certain military installations and settlements in the West Bank. These steps described in the plan will mark real progress toward realizing my June 24, 2002 vision, and make a real contribution towards peace. We also understand that, in this context, Israel believes it is important to bring new opportunities to the Negev and the Galilee. We are hopeful that steps pursuant to this plan, consistent with my vision, will remind all states and parties of their own obligations under the roadmap.

The United States appreciates the risks such an undertaking represents. I therefore want to reassure you on several points.

First, the United States remains committed to my vision and to its implementation as described in the roadmap. The United States will do its utmost to prevent any attempt by anyone to impose any other plan. Under the roadmap, Palestinians must undertake an immediate cessation of armed activity and all acts of violence against Israelis anywhere, and all official Palestinian institutions must end incitement against Israel. The Palestinian leadership must act decisively against terror, including sustained, targeted, and effective operations to stop terrorism and dismantle terrorist capabilities and infrastructure. Palestinians must undertake a comprehensive and fundamental political reform that includes a strong parliamentary democracy and an empowered prime minister.

Second, there will be no security for Israelis or Palestinians until they and all states, in the region and beyond, join together to fight terrorism and dismantle terrorist organizations. The United States reiterates its steadfast commitment to Israel’s security, including secure, defensible borders, and to preserve and strengthen Israel’s capability to deter and defend itself, by itself, against any threat or possible combination of threats.

Third, Israel will retain its right to defend itself against terrorism, including to take actions against terrorist organizations. The United States will lead efforts, working together with Jordan, Egypt, and others in the international community, to build the capacity and will of Palestinian institutions to fight terrorism, dismantle terrorist organizations, and prevent the areas from which Israel has withdrawn from posing a threat that would have to be addressed by any other means. The United States understands that after Israel withdraws from Gaza and/or parts of the West Bank, and pending agreements on other arrangements, existing arrangements regarding control of airspace, territorial waters, and land passages of the West Bank and Gaza will continue.

The United States is strongly committed to Israel’s security and well-being as a Jewish state. It seems clear that an agreed, just, fair and realistic framework for a solution to the Palestinian refugee issue as part of any final status agreement will need to be found through the establishment of a Palestinian state, and the settling of Palestinian refugees there, rather than in Israel.

As part of a final peace settlement, Israel must have secure and recognized borders, which should emerge from negotiations between the parties in accordance with UNSC Resolutions 242 and 338. In light of new realities on the ground, including already existing major Israeli populations centers, it is unrealistic to expect that the outcome of final status negotiations will be a full and complete return to the armistice lines of 1949, and all previous efforts to negotiate a two-state solution have reached the same conclusion. It is realistic to expect that any final status agreement will only be achieved on the basis of mutually agreed changes that reflect these realities.

I know that, as you state in your letter, you are aware that certain responsibilities face the State of Israel. Among these, your government has stated that the barrier being erected by Israel should be a security rather than political barrier, should be temporary rather than permanent, and therefore not prejudice any final status issues including final borders, and its route should take into account, consistent with security needs, its impact on Palestinians not engaged in terrorist activities.

As you know, the United States supports the establishment of a Palestinian state that is viable, contiguous, sovereign, and independent, so that the Palestinian people can build their own future in accordance with my vision set forth in June 2002 and with the path set forth in the roadmap. The United States will join with others in the international community to foster the development of democratic political institutions and new leadership committed to those institutions, the reconstruction of civic institutions, the growth of a free and prosperous economy, and the building of capable security institutions dedicated to maintaining law and order and dismantling terrorist organizations.

A peace settlement negotiated between Israelis and Palestinians would be a great boon not only to those peoples but to the peoples of the entire region. Accordingly, the United States believes that all states in the region have special responsibilities: to support the building of the institutions of a Palestinian state; to fight terrorism, and cut off all forms of assistance to individuals and groups engaged in terrorism; and to begin now to move toward more normal relations with the State of Israel. These actions would be true contributions to building peace in the region.

Mr. Prime Minister, you have described a bold and historic initiative that can make an important contribution to peace. I commend your efforts and your courageous decision which I support. As a close friend and ally, the United States intends to work closely with you to help make it a success.

Sincerely,

George W. Bush

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

 

 

Terrorists Among US

FEATURED: Youssef Qaradawi Says ISIS Leader Abu Bakr al-Baghdadi Was Once Muslim Brotherhood; First English Translation Of Statement

Anyone heard the Muslim community in the Unites States speak out yet against Daesh (Islamic States)? Me neither. But Barack Obama and crowd says Islamic State is not Islamic…..sheesh

 

For a complete Muslim Brotherhood organizational chart operating in the United States click here.

For the completed translation of the Muslim Brotherhood plan for the United States click here.

For a graphic of the Islamic organizations click here.

For a list of people that are implicated in Islamic criminal activity in the United States click here.

For a library on historical Muslim Brotherhood terror events click here.

The very liberal Council of Foreign Relations has a summary of the Muslim Brotherhood click here.

Events happen in your own backyard, are you paying attention?

Outside organizations associated with Islamic organizations are also important to understand like the ACLU.

The genesis of what we need to know begins with the Holy Land Foundation investigation and trial. Links are numerous yet a good one for reference is here, here  and here.

 

 

 

 

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.