Judicial Watch: Slaughter Rule Unconstitutional

gstasiewicz — Fri, 19 Mar 2010 13:53:34 -0400

Judicial Watch president Tom Fitton issued the following statement today in response to plans by the House of Representatives to use the so-called Slaughter Rule to “deem” the Senate health care bill passed without an actual up-or-down vote:

A constitutional crisis is upon us. The Democratic leadership’s plan to use the “Slaughter Rule” to pass the Senate health care bill without an explicit “yea or nay” vote by the House is an absolute violation of the U.S. Constitution (Article 1, Section 7).

Indeed, the Supreme Court has held that “(1) a bill containing its exact text was approved by a majority of the Members of the House of Representatives; (2) the Senate approved precisely the same text; and (3) that text was signed into law by the President. The Constitution explicitly requires that each of those three steps be taken before a bill may ‘become a law.’” Clinton v. City of New York, 524 U.S. 417, 448 (1998)

Simply put, the House can’t pretend to vote on a bill and expect that the result will pass constitutional muster. No House member can keep true to his oath of office to “support and defend the Constitution” and approve the use of the Slaughter Rule to avoid a direct vote on the Senate health care bill.

And the U.S. Constitution would also seem to require that President Obama veto any resulting “bill” sent to him for signature, as the document that results from any House action under the Slaughter Rule is a constitutional nullity.

But concerned Americans should not assume that the courts will uphold the Constitution and throw out any government health care takeover because of the Slaughter Rule. The best defense against the Slaughter Rule’s usurpation of the Constitution is to stop it legislatively this weekend.

Judicial Watch Sues HHS to Obtain Documents Related to President Obama’s Closed-Door Health Care Meetings

gstasiewicz — Thu, 18 Mar 2010 12:36:14 -0400

Judicial Watch, the public interest group that investigates and prosecutes government corruption, announced today that it filed a lawsuit against the Obama Department of Health and Human Services (HHS) to obtain documents related to President Obama’s closed-door health care meetings with Vice President Biden, HHS Secretary Sebelius, Speaker Pelosi, Majority Leader Reid and union officials in violation of a campaign promise to broadcast all health care discussions on C-SPAN.

According to Judicial Watch’s lawsuit, filed on March 17, 2010:

At an August 21, 2008 town hall meeting in Chester Virginia, presidential candidate Barack Obama promised the nation that, to achieve health care reform, “I’m going to have all the negotiations around a big table. We’ll have doctors and nurses and hospital administrators. Insurance companies, drug companies – they’ll get a seat at the table, they just won’t be able to buy every chair. But what we will do is, we’ll have the negotiations televised on C-Span, so that people can see who is making arguments on behalf of their constituents, and who are making arguments on behalf of the drug companies or the insurance companies. And so, that approach, I think is what is going to allow people to stay involved in this process.”

In a startling breach of his campaign promise, between January 1, 2010, and January 15, 2010, President Obama, Vice President Biden, Health and Human Services Secretary Sebelius, and White House Office of Health Reform Director DeParle met behind closed doors with various groups to reach accord on health care reform before a final vote occurred in the U.S. House of Representatives. One group of individuals was senior officials of major unions. A second group consisted of Senate Majority Leader Reid and House Speaker Pelosi and other members of Congress.

Because President Obama and Secretary Sebelius held closed door negotiations at the White House, the public was denied the transparency President Obama had promised as a candidate.

In order to try to restore some minimal degree of transparency to the negotiations, Judicial Watch filed its original Freedom of Information Act (FOIA) request on January 15, 2010. HHS acknowledged receipt of Judicial Watch’s request on January 19, 2010. On January 21, 2010, and March 12, 2010, HHS indicated that two offices within the agency found no responsive requests. However, the Immediate Office of the Secretary and the Office of the Secretary Scheduling Office have thus far failed to respond. As Judicial Watch noted in its FOIA lawsuit, these are the two offices within HHS most likely to have custody of the requested records.

“First President Obama breaks his promise on making health care negotiations public and now his administration is stonewalling the release of records from his secret health care meetings. The President and liberals in Congress are on the verge of staging a government takeover of our health care system, and the American people, at this key moment, are completely in the dark. This lawsuit is designed to hold President Obama to his promises of transparency. It is shameful that the Obama administration would violate FOIA law to help ensure passage of Obamacare,” stated Judicial Watch President Tom Fitton.

Judicial Watch President Tom Fitton to Testify before Congress

gstasiewicz — Thu, 18 Mar 2010 10:34:38 -0400

The House Government Reform and Oversight Subcommittee on Information Policy, Census, and National Archives will hold a hearing entitled “Administration of the Freedom of Information Act: Current Trends.” Judicial Watch President Tom Fitton has accepted the committee’s invitation to testify.

Where: 2154 Rayburn House Office Building

Date: Thursday, March 18, 2010

Time: 2:00 PM

Mr. Fitton will be available directly after testimony has closed, or you can contact the office of Judicial Watch to schedule an interview.

Obama Justice Department Shut Down Federal ACORN Investigation According to Documents Obtained by Judicial Watch

gstasiewicz — Thu, 11 Mar 2010 12:56:15 -0500

Judicial Watch, the public interest group that investigates and prosecutes government corruption, announced today that it has obtained documents from the Federal Bureau of Investigation (FBI) detailing federal investigations into the alleged corrupt activities of Association of Community Organizations for Reform Now (ACORN). The documents reference serious allegations of corruption and voter registration fraud by ACORN as well as the Obama administration’s decision to shut down a criminal investigation without filing criminal charges.

The documents include background information on two specific complaints filed in October 2008 by Lucy Corelli and Joseph Borges, Republican Registrars of Voters in Stamford and Bridgeport, Connecticut, respectively, during the 2008 election season.

According to Corelli, on August 1, 2008, her office received 1,200 ACORN voter registration cards from the Secretary of State’s office. Over 300 of these cards were rejected because of “duplicates, underage, illegible and invalid addresses,” which “put a tremendous strain on our office staff and caused endless work hours at taxpayers’ expense.” Corelli claimed the total cost of the extra work caused by ACORN corruption was $20,000. Likewise, Borges contended that: “The organization ACORN during the summer of 2008 conducted a registration drive which has produced over 100 rejections due to incomplete forms and individuals who are not citizens…” Among the examples cited by Borges was a seven-year old child who was registered to vote by ACORN through the use of a forged signature and a fake birth certificate claiming she was 27-years old.

The FBI and Department of Justice opened an investigation. However, the Obama Justice Department, while noting that ACORN had engaged in “questionable hiring and training practices,” closed down the investigation in March 2009, claiming ACORN broke no laws.

By contrast, the documents also include records related to a federal investigation of ACORN corruption in St. Louis, Missouri, involving 1,492 allegedly fraudulent voter registration cards submitted by Project Vote, a liberal non-profit organization affiliated with ACORN on voter registration drives, during the 2006 election season. Assistant United States Attorney Hal Goldsmith initiated the investigation with “concurrence” from the Department of Justice and the participation of the FBI. According to a Justice Department memo, Goldsmith “advised he would prosecute any individual responsible for submitting fraudulent voter registration cards.” Goldsmith identified the statute for prosecution: Title 42, USC 1973 (gg), which provides for criminal penalties for fraudulent voter registrations. In April 2008, eight former ACORN employees from the St. Louis office pled guilty to voter registration fraud.

Other documents show that the Bush Justice Department failed to prosecute ACORN voter registration fraud of non-citizens in Phoenix, Arizona in 2007 because the allegations that led to the opening of the investigation were “unverifiable.” Notably, the FBI document detailing this questionable decision reveals that a “draft Intelligence Bulletin…concludes that ACORN’s employment practices perpetuate fraudulent voter registration.”

The ACORN documents uncovered by Judicial Watch include internal FBI memoranda, signed affidavits, subpoenas, fraudulent voter registration cards, and publications describing ACORN’s policies and practices. The documents also include details regarding numerous allegations of corruption extending beyond voter registration fraud, to include attempts by ACORN employees to coerce workers to participate in campaign activities on behalf of Democratic candidates.

“These documents reflect systematic voter registration fraud by ACORN,” said Judicial Watch President Tom Fitton. “It is a scandal that there has been no comprehensive criminal investigation and prosecution by the Justice Department into this evident criminal conduct. Given President Obama’s close connections to ACORN, including his campaign’s hiring of an ACORN affiliate, it seems rather obvious why Attorney General Holder has failed to seriously investigate these and other alleged ACORN criminal activities.”

Judicial Watch: Slaughter Rule Unconstitutional

Judicial Watch Sues HHS to Obtain Documents Related to President Obama’s Closed-Door Health Care Meetings

Judicial Watch President Tom Fitton to Testify before Congress

Obama Justice Department Shut Down Federal ACORN Investigation According to Documents Obtained by Judicial Watch

Documents Uncovered